S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7118
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 22, 2021
                                ___________
 
 Introduced  by M. of A. TAGUE -- read once and referred to the Committee
   on Election Law
 
             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 a statewide 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 A STATEWIDE ELEC-
 TIVE  OFFICER.  THESE INCLUDE THE OFFICES OF GOVERNOR, LIEUTENANT GOVER-
 NOR, COMPTROLLER, AND ATTORNEY GENERAL.
   § 2. (A) RECALL OF A STATEWIDE OFFICER IS INITIATED  BY  A  REGISTERED
 VOTER  FILING  AN  AFFIDAVIT WITH THE STATE BOARD OF ELECTIONS OF HIS OR
 HER INTENT TO INITIATE A RECALL OF A STATEWIDE OFFICER. INTENT TO INITI-
 ATE A RECALL SHALL INCLUDE A REASON FOR RECALL. SUFFICIENCY OF REASON IS
 NOT REVIEWABLE. PROPONENTS HAVE ONE HUNDRED TWENTY DAYS FROM THE  FILING
 OF  THE AFFIDAVIT OF INTENT TO FILE SUFFICIENT PETITIONS.  THE AFFIDAVIT
 MAY BE FILED NO SOONER THAN SIX MONTHS AFTER THE BEGINNING OF  THE  TERM
 OF OFFICE.
   (B)  A PETITION TO RECALL A STATEWIDE OFFICER SHALL BE SUFFICIENT WHEN
 SIGNED BY REGISTERED VOTERS EQUAL IN NUMBER TO AT LEAST  TWELVE  PERCENT
 OF THE TOTAL VOTE FOR THE OFFICE IN THE PREVIOUS ELECTION, WITH AT LEAST
 TWO   THOUSAND   SIGNATURES  FROM  EACH  OF  THE  STATE'S  CONGRESSIONAL
 DISTRICTS.  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.
   § 3. (A) AN ELECTION TO DETERMINE WHETHER TO RECALL A STATEWIDE  OFFI-
 CER  AND,  IF  NECESSARY,  TO  ELECT  A SUCCESSOR SHALL BE CALLED BY THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD89126-01-1

 A. 7118                             2
 
 GOVERNOR AND HELD NOT LESS THAN SEVENTY DAYS NOR MORE THAN  EIGHTY  DAYS
 FROM THE DATE OF CERTIFICATION OF SUFFICIENT SIGNATURES.
   (B) NOTWITHSTANDING SUBDIVISION (A) OF THIS SECTION, A RECALL ELECTION
 MAY BE CONDUCTED WITHIN ONE HUNDRED EIGHTY DAYS FROM THE DATE OF CERTIF-
 ICATION  OF  SUFFICIENT  SIGNATURES  IN  ORDER  THAT THE ELECTION MAY BE
 CONSOLIDATED WITH THE NEXT GENERAL ELECTION.
   (C) IF THE MAJORITY OF VOTERS VOTE IN FAVOR OF RECALL,  THE  STATEWIDE
 OFFICER  IS  REMOVED,  AND,  IF  THERE IS A CANDIDATE, THE CANDIDATE WHO
 RECEIVES A PLURALITY IS  THE  SUCCESSOR.  THE  STATEWIDE  OFFICER  BEING
 RECALLED MAY NOT BE A CANDIDATE.
   § 4. IF RECALL OF THE GOVERNOR IS INITIATED, THE RECALL DUTIES OF THAT
 OFFICE SHALL BE PERFORMED BY THE LIEUTENANT GOVERNOR.
   §  5.  THE  LEGISLATURE  SHALL  PROVIDE  FOR  CIRCULATION, FILING, AND
 CERTIFICATION OF PETITIONS, NOMINATION OF  CANDIDATES,  AND  THE  RECALL
 ELECTION.
   §  6.  A STATEWIDE 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
 STATEWIDE OFFICER UNTIL SIX MONTHS AFTER THE RECALL.
   § 7. COSTS INCURRED BY COUNTY BOARDS OF ELECTIONS  FOR  OPERATING  THE
 RECALL 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.