S T A T E O F N E W Y O R K
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5263
2025-2026 Regular Sessions
I N A S S E M B L Y
February 12, 2025
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Introduced by M. of A. TAGUE, GALLAHAN, DURSO, GANDOLFO, DeSTEFANO,
PALMESANO, MANKTELOW, DiPIETRO, SMULLEN, LEMONDES -- 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 THE
VOTER'S INTENT TO INITIATE A RECALL OF A STATEWIDE OFFICER. INTENT TO
INITIATE 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.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD89088-01-5
A. 5263 2
§ 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
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.