Assembly Bill A4748

2023-2024 Legislative Session

Provides for recall

download bill text pdf

Sponsored By

Current Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2023-A4748 (ACTIVE) - Details

See Senate Version of this Bill:
S1437
Current Committee:
Assembly Judiciary
Law Section:
Constitution, Concurrent Resolutions to Amend
Laws Affected:
Ren Art 20 to be Art 21, add Art 20 §§1 - 7, Constn
Versions Introduced in Other Legislative Sessions:
2017-2018: S1226
2019-2020: S2011
2021-2022: A6469, S3777

2023-A4748 (ACTIVE) - Summary

Provides for recall; empowers the electors with the ability to remove elective officers.

2023-A4748 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4748
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 23, 2023
                                ___________
 
 Introduced  by  M.  of  A.  SMULLEN,  TAGUE, ANGELINO, DiPIETRO, BYRNES,
   HAWLEY,   McDONOUGH,   DeSTEFANO,   MANKTELOW,   GOODELL,   PALMESANO,
   J. A. GIGLIO,  MILLER, K. BROWN, MIKULIN, MORINELLO, SMITH, SIMPSON --
   Multi-Sponsored by -- M.  of A. LEMONDES -- read once and referred  to
   the Committee on Judiciary

             CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
 
 proposing  the  addition  of  a  new  article 20 to the constitution, in
   relation to providing for recall
 
   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 THE ELECTORS TO REMOVE AN  ELECTIVE
 OFFICER.
   §  2.  1.  RECALL OF A STATE OFFICER IS INITIATED BY DELIVERING TO THE
 SECRETARY OF STATE A PETITION ALLEGING REASON FOR RECALL. SUFFICIENCY OF
 REASON IS NOT REVIEWABLE. PROPONENTS HAVE ONE HUNDRED SIXTY DAYS TO FILE
 SIGNED PETITIONS.
   2. A PETITION TO RECALL A STATEWIDE OFFICER MUST BE SIGNED BY ELECTORS
 EQUAL IN NUMBER TO TWELVE PERCENT OF THE LAST VOTE FOR THE OFFICE,  WITH
 SIGNATURES  FROM EACH OF FIVE COUNTIES EQUAL IN NUMBER TO ONE PERCENT OF
 THE LAST VOTE FOR THE OFFICE IN THE COUNTY.
   3. THE SECRETARY OF STATE SHALL MAINTAIN A  CONTINUOUS  COUNT  OF  THE
 SIGNATURES CERTIFIED TO THAT OFFICE.
   §  3. 1. 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.
   2.  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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