senate Bill S2149

2021-2022 Legislative Session

Provides for recall of elected officials

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Judiciary Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (3)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 04, 2021 opinion referred to judiciary
Feb 09, 2021 to attorney-general for opinion
Jan 20, 2021 referred to judiciary

Co-Sponsors

S2149 (ACTIVE) - Details

Current Committee:
Senate Judiciary
Law Section:
Constitution, Concurrent Resolutions to Amend
Laws Affected:
Ren Art 20 to be Art 21, add Art 20 §§1 - 10, Constn
Versions Introduced in Other Legislative Sessions:
2015-2016: S8069
2017-2018: S2157
2019-2020: S1258

S2149 (ACTIVE) - Summary

Provides for recall; provides that any state or local officer, including the governor, lieutenant governor, comptroller, attorney general and state legislators may be recalled; requires a petition for recall of a statewide officer to be signed by electors equal in number to fifteen percent of the votes case 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; makes related provisions.

S2149 (ACTIVE) - Sponsor Memo

S2149 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2149
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 20, 2021
                                ___________
 
 Introduced  by  Sens.  SERINO, JORDAN -- 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

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