Assembly Bill A5291

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5291
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 8, 2019
                                ___________
 
 Introduced  by  M. of A. STEC -- read once and referred to the Committee
   on Governmental Operations
 
             CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
 
 proposing the addition of a new  article  20  to  the  constitution,  in
   relation to providing for recall of an elective officer

   Section  1.  Resolved  (if  the Senate concur), That article 20 of the
 constitution be renumbered article 21 and a new article 20 be  added  to
 read as follows:
                                ARTICLE XX
                                  RECALL
   SECTION  1.    RECALL  IS  THE POWER OF CITIZENS TO REMOVE AN ELECTIVE
 OFFICER.
   § 2. A. RECALL OF A STATE OFFICER IS INITIATED BY A  REGISTERED  VOTER
 REGISTERING  HIS  OR HER INTENT TO INITIATE A RECALL OF A STATE OFFICIAL
 WITH THE STATE BOARD OF ELECTIONS. INTENT TO  INITIATE  A  RECALL  SHALL
 INCLUDE  A  REASON  FOR RECALL. SUFFICIENCY OF REASON IS NOT REVIEWABLE.
 PROPONENTS HAVE NINETY DAYS FROM  THE  REGISTERING  OF  INTENT  TO  FILE
 SUFFICIENT PETITIONS.
   B.  A  PETITION TO RECALL A STATEWIDE OFFICER SHALL BE SUFFICIENT WHEN
 SIGNED BY REGISTERED VOTERS EQUAL IN NUMBER TO AT LEAST  TWENTY  PERCENT
 OF  THE  TOTAL NUMBER OF VOTERS TO VOTE IN THE PREVIOUS ELECTION FOR THE
 OFFICE, WITH SIGNATURES FROM EACH OF THE COUNTIES WITHIN THE STATE EQUAL
 IN NUMBER TO AT LEAST ONE PERCENT OF THE TOTAL NUMBER OF VOTERS TO  VOTE
 IN  THE  PREVIOUS  ELECTION  FOR THE OFFICE IN THE COUNTY. A PETITION TO
 RECALL SENATORS AND MEMBERS OF THE ASSEMBLY  SHALL  BE  SUFFICIENT  WHEN
 SIGNED  BY  REGISTERED VOTERS EQUAL IN NUMBER TO AT LEAST TWENTY PERCENT
 OF THE TOTAL NUMBER OF VOTERS TO VOTE IN THE PREVIOUS ELECTION  FOR  THE
 OFFICE  IN THE SENATE OR ASSEMBLY DISTRICT. THERE SHALL BE NO ABILITY TO
 RECALL OFFICERS SERVING IN THE OFFICE  OF  JUDGE.  SUFFICIENT  PETITIONS
 SHALL BE CERTIFIED BY THE STATE BOARD OF ELECTIONS.
   C.  THE  STATE BOARD OF ELECTIONS SHALL MAINTAIN A CONTINUOUS COUNT OF
 THE SIGNATURES CERTIFIED TO THAT OFFICE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD89040-01-9

 A. 5291                             2
 
   § 3. A. AN ELECTION TO DETERMINE WHETHER TO RECALL AN OFFICER SHALL BE
 HELD NO LESS THAN SEVENTY DAYS NOR MORE THAN NINETY DAYS FROM  THE  DATE
 OF CERTIFICATION OF SUFFICIENT SIGNATURES.
   B.  IF  THE MAJORITY OF VOTERS VOTE IN FAVOR OF RECALL, THE OFFICER IS
 REMOVED. IN THE FOLLOWING SPECIAL ELECTION TO FILL THE  VACANCY  OF  THE
 RECALLED  OFFICIAL,  THE  RECALLED  OFFICER  MAY NOT BE A CANDIDATE, NOR
 SHALL THERE BY ANY CANDIDACY FOR AN OFFICE FILLED  PURSUANT  TO  SECTION
 TWO OF ARTICLE SIX OF THIS CONSTITUTION.
   C.  UPON  THE RECALL OF A STATE OFFICIAL IN THE OFFICE OF STATE SENATE
 OR STATE ASSEMBLY, A SPECIAL ELECTION SHALL BE CALLED BY THE GOVERNOR TO
 FILL THE VACANCY OF A STATE SENATE OR STATE ASSEMBLY DISTRICT.
   § 4. IF RECALL OF THE GOVERNOR IS ENACTED, THE DUTIES  OF  THE  OFFICE
 SHALL BE PERFORMED BY THE LIEUTENANT GOVERNOR. IF RECALL OF THE LIEUTEN-
 ANT  GOVERNOR IS ENACTED, THE DUTIES OF THE LIEUTENANT GOVERNOR SHALL BE
 PERFORMED BY THE TEMPORARY PRESIDENT OF THE SENATE.  IF  RECALL  OF  THE
 ATTORNEY  GENERAL  OR  COMPTROLLER  IS  ENACTED,  THE OFFICE OF ATTORNEY
 GENERAL OR COMPTROLLER SHALL BE FILLED PURSUANT TO SECTION FORTY-ONE  OF
 ARTICLE THREE OF THE PUBLIC OFFICERS LAW.
   §  5.  A  STATE OFFICER WHO IS NOT RECALLED SHALL NOT BE REIMBURSED BY
 THE STATE  FOR  THE  OFFICER'S  RECALL  ELECTION  EXPENSES  LEGALLY  AND
 PERSONALLY  INCURRED.  ANOTHER  RECALL  MAY NOT BE INITIATED AGAINST THE
 OFFICER UNTIL SIX MONTHS AFTER THE RECALL.
   § 6. COSTS INCURRED BY THE COUNTY BOARD OF ELECTIONS FOR OPERATING THE
 RECALL AND THE SPECIAL ELECTION SHALL BE REIMBURSED THROUGH THE  GENERAL
 FUND OF NEW YORK STATE.
   §  2. Resolved (if the Senate concur), That the foregoing amendment be
 referred to the first regular legislative session  convening  after  the
 next  succeeding  general  election  of members of the assembly, and, in
 conformity with  section  1  of  article  19  of  the  constitution,  be
 published for 3 months previous to the time of such election.