Senate Bill S1309

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1309
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 11, 2023
                                ___________
 
 Introduced  by  Sen.  ORTT  --  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  to  the  constitution,  in
   relation to providing for the recall of a district attorney

   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 OF A DISTRICT ATTORNEY
   SECTION  1.  RECALL IS THE POWER OF THE ELECTORS TO REMOVE AN ELECTIVE
 OFFICER.
   § 2. 1. RECALL OF A DISTRICT ATTORNEY IS INITIATED  BY  DELIVERING  TO
 THE  STATE  BOARD  OF  ELECTIONS  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 DISTRICT ATTORNEY MUST BE SIGNED BY ELECTORS
 WITHIN  THE  COUNTY  THE  DISTRICT  ATTORNEY  SHALL HAVE BEEN ELECTED OR
 APPOINTED EQUAL IN NUMBER TO TWENTY PERCENT OF THE  LAST  VOTE  FOR  THE
 OFFICE.
   3.  THE  STATE BOARD OF ELECTIONS SHALL MAINTAIN A CONTINUOUS COUNT OF
 THE SIGNATURES CERTIFIED TO THAT OFFICE.
   § 3. 1. AN ELECTION TO DETERMINE WHETHER TO RECALL A DISTRICT ATTORNEY
 AND, IF APPROPRIATE, TO ELECT A SUCCESSOR SHALL BE CALLED BY THE  GOVER-
 NOR 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
 ELECTION OCCURRING WHOLLY OR PARTIALLY WITHIN THE SAME  JURISDICTION  IN
 WHICH  THE  RECALL ELECTION IS HELD, IF THE NUMBER OF VOTERS ELIGIBLE TO
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD89045-01-3
              

 S. 1309                             2
 
 VOTE AT THAT NEXT REGULARLY SCHEDULED  ELECTION  EQUAL  AT  LEAST  FIFTY
 PERCENT OF ALL THE VOTERS ELIGIBLE TO VOTE AT THE RECALL ELECTION.
   3.  IF  THE  MAJORITY  VOTE ON THE QUESTION IS TO RECALL, THE DISTRICT
 ATTORNEY IS REMOVED AND, IF THERE IS  A  CANDIDATE,  THE  CANDIDATE  WHO
 RECEIVES  A PLURALITY IS THE SUCCESSOR. THE DISTRICT ATTORNEY MAY NOT BE
 A CANDIDATE.
   § 4. A DISTRICT ATTORNEY WHO IS NOT RECALLED SHALL  BE  REIMBURSED  BY
 THE  STATE  FOR THE DISTRICT ATTORNEY'S RECALL ELECTION EXPENSES LEGALLY
 AND PERSONALLY INCURRED.  ANOTHER RECALL MAY NOT  BE  INITIATED  AGAINST
 THE DISTRICT ATTORNEY UNTIL SIX MONTHS AFTER THE ELECTION.
   §  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.