Senate Bill S1258

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1258
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 11, 2019
                                ___________
 
 Introduced  by  Sen.  SERINO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Judiciary
 
             CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
 
 proposing the addition of a new  article  20  of  the  constitution,  in
   relation to providing for recall

   Section  1.  Resolved (if the Assembly 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.  ANY STATE OR LOCAL OFFICER MAY BE RECALLED. THESE INCLUDE
 THE OFFICES OF  GOVERNOR,  LIEUTENANT  GOVERNOR,  COMPTROLLER,  ATTORNEY
 GENERAL, STATE LEGISLATORS, COUNTY EXECUTIVES, MAYORS, AND TOWN SUPERVI-
 SORS.  A STATE OR LOCAL OFFICER APPOINTED IN LIEU OF ELECTION OR TO FILL
 A VACANCY IN ONE OF THESE OFFICES MAY ALSO BE RECALLED.
   § 2. RECALL OF A STATE OR LOCAL OFFICER IS INITIATED BY DELIVERING  TO
 THE  STATE  BOARD OF ELECTIONS A PETITION ALLEGING REASONS FOR RECALL. A
 RECALL PETITION MUST STATE CLEARLY AND  FACTUALLY  THE  REASON  FOR  THE
 RECALL  BASED  CONDUCT  DURING  THE OFFICER'S TERM OF OFFICE. SUFFICIENT
 REASON FOR RECALL SHALL BE ESTABLISHED IN THE CASE OF A STATE  OR  LOCAL
 OFFICER  WHO HAS BEEN INDICTED FOR A FELONY RELATED TO PUBLIC OFFICE, OR
 CONVICTED OF A MISDEMEANOR RELATED TO PUBLIC OFFICE.  NO PERSON  MAY  BE
 RECALLED  FOR  PERFORMING A MANDATORY DUTY OF THE OFFICE HE OR SHE HOLDS
 OR FOR NOT PERFORMING ANY ACT THAT, IF PERFORMED, WOULD SUBJECT  HIM  OR
 HER TO PROSECUTION FOR OFFICIAL MISCONDUCT.  THE LEGISLATURE SHALL ENACT
 LEGISLATION  TO  IMPLEMENT THIS SECTION TAKING INTO ACCOUNT INTERESTS OF
 JUSTICE.  PROPONENTS HAVE NINETY DAYS TO FILE SIGNED PETITIONS.
   § 3. A PETITION TO RECALL A STATEWIDE OFFICER MUST BE SIGNED BY  ELEC-
 TORS  EQUAL  IN  NUMBER TO FIFTEEN PERCENT OF THE VOTES CAST IN THE LAST
 ELECTION FOR THE OFFICE WITH SIGNATURES  IN  EACH  OF  THE  TWENTY-SEVEN
 CONGRESSIONAL DISTRICTS EQUAL IN NUMBER TO FIVE PERCENT OF THE LAST VOTE
 FOR  THE  OFFICE  IN  THE  DISTRICT.   A PETITION TO RECALL SENATORS AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD89069-01-9

 S. 1258                             2
 
 MEMBERS OF THE ASSEMBLY MUST BE SIGNED BY ELECTORS IN THE DISTRICT EQUAL
 IN NUMBER TO TWENTY PERCENT OF THE LAST VOTE FOR THE OFFICE. A  PETITION
 TO  RECALL  A  LOCAL  OFFICER MUST BE SIGNED BY ELECTORS IN THE DISTRICT
 EQUAL IN NUMBER TO THIRTY PERCENT OF THE LAST VOTE FOR THE OFFICE.
   § 4. THE STATE BOARD OF ELECTIONS SHALL MAINTAIN A CONTINUOUS COUNT OF
 THE SIGNATURES CERTIFIED TO SUCH OFFICE.
   §  5.  AN  ELECTION  TO DETERMINE WHETHER TO RECALL AN OFFICER AND, IF
 APPROPRIATE, TO ELECT A SUCCESSOR SHALL BE CALLED BY  THE  GOVERNOR  AND
 HELD NOT LESS THAN SIXTY DAYS NOR MORE THAN EIGHTY DAYS FROM THE DATE OF
 CERTIFICATION OF SUFFICIENT SIGNATURES.
   § 6. A RECALL ELECTION MAY BE CONDUCTED WITHIN ONE HUNDRED EIGHTY DAYS
 FROM  THE  DATE  OF CERTIFICATION OF SUFFICIENT SIGNATURES IN ORDER THAT
 THE ELECTION MAY BE  CONSOLIDATED  WITH  THE  NEXT  REGULARLY  SCHEDULED
 ELECTION  OCCURRING  WHOLLY OR PARTIALLY WITHIN THE SAME JURISDICTION IN
 WHICH THE RECALL ELECTION IS HELD, IF THE NUMBER OF VOTERS  ELIGIBLE  TO
 VOTE  AT  THAT  NEXT  REGULARLY SCHEDULED ELECTION EQUALS AT LEAST FIFTY
 PERCENT OF ALL VOTERS ELIGIBLE TO VOTE AT THE RECALL ELECTION.
   § 7. IF THE MAJORITY VOTE ON THE QUESTION IS TO  RECALL,  THE  OFFICER
 SHALL BE REMOVED AND A SPECIAL ELECTION SHALL BE CALLED BY THE GOVERNOR.
 A SPECIAL ELECTION SHALL NOT BE CALLED WITHIN ONE HUNDRED EIGHTY DAYS OF
 A GENERAL ELECTION FOR THE OFFICE.  THE CANDIDATE WHO RECEIVES A PLURAL-
 ITY IS THE SUCCESSOR.  THE OFFICER MAY NOT BE A CANDIDATE.
   § 8. THE LEGISLATURE SHALL PROVIDE FOR CIRCULATION FILING, AND CERTIF-
 ICATION  OF  PETITIONS,  NOMINATIONS  OF CANDIDATES, AND RECALL ELECTION
 PROCEDURES.
   § 9. IF THE RECALL OF THE GOVERNOR OR SECRETARY OF STATE IS INITIATED,
 THE RECALL DUTIES OF THAT OFFICE SHALL BE PERFORMED  BY  THE  LIEUTENANT
 GOVERNOR OR COMPTROLLER, RESPECTIVELY.
   § 10.  COUNTIES, CITIES, TOWNS AND VILLAGES MAY PROVIDE FOR ADDITIONAL
 GROUNDS FOR RECALLS.
   §  2.  Resolved (if the Assembly 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.