Assembly Bill A5263

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5263
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 12, 2025
                                ___________
 
 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.