|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|
senate Bill S2149
Current Bill Status - In Senate Committee Judiciary Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S2149 (ACTIVE) - Details
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
BILL NUMBER: S2149 SPONSOR: SERINO TITLE OF BILL: CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing the addition of a new article 20 of the constitution, in relation to providing for recall PURPOSE: The legislation proposes the addition of a new article 20 of the consti- tution, in relation to providing for recall of elected officials. SUMMARY OF PROVISIONS: Section 1: Renumbers articles of the constitution to add a new article 20 that provides for the recall of state and local officers under speci- fied procedures and conditions. Section 2: Establishes the effective date of the bill.
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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