NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6161A
SPONSOR: Tedisco TITLE OF BILL: 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 an elective officer
PURPOSE OR GENERAL IDEA OF BILL: This bill adds a new article to the
Constitution to allow for the recall of elected officials.
SUMMARY OF SPECIFIC PROVISIONS:
SECTION ONE: CREATION OF ARTICLE 20 OF THE NEW YORK STATE CONSTITUTION,
RECALL
Section 1 defines recall as the power of the electors to remove an elec-
tive officer.
Section 2 Details how to initiate the recall of a state officer. Recall
is initiated by a registration of intent to the state board of
elections. From that point the petitioners have ninety days to gain the
necessary signatures. Sufficient signatures shall be 20% of the regis-
tered voters that took part in the last election for that official.
Petitions shall be delivered, within 90 days, to the State Board of
Elections. The State Board of Elections shall maintain the petitions.
There shall be no recall power to remove judges.
Section 3 creates the protocol for the recall election. A recall
election shall take place no sooner than 70 days or sooner than 90 days
from when the petitions for recall are certified. If the voters vote in
favor of recall, the official is recalled and cannot run for reelection
for that office. The Governor shall call a special to fill the vacancy
left by recall.
Section 4 provides for the protocol if the Governor, Lieutenant Gover-
nor, Comptroller or Attorney General are recalled.
Section 5 State officials who survive a recall election shall not be
reimbursed for campaign expenditures.
Section 6 Costs incurred by the County Board of Elections for the recall
and special election shall be compensated by the State of New York
through the General Fund.
SECTION TWO: RESOLVED THAT IF PASSED BY THE SENATE AND ASSEMBLY IN TWO
CONSECUTIVE LEGISLATIVE SESSIONS, THE LEGISLATION SHALL BE PLACED ON THE
STATEWIDE BALLOT AS A REFERENDUM.
JUSTIFICATION: New York Sate is in the midst of a financial crisis.
Unfortunately, instead of dealing with the most pressing issues, our
elected officials are distracted by political gamesmanship. The gridlock
in the state Senate caused by the selfish actions of a few senators
crippled the State for months. Confidence in government and in those
elected to govern is at an all time low. The confidence of the elector-
ate needs to be rebuilt. By giving our citizens the right to exercise
recall, this bill does just that. It is time to remind all of our
elected officials that, in a democracy, the power rests with the voters
and not with the people they put into office. The public should not have
to wait until the end of an officials elected term to hold that person
accountable for his or her actions.
PRIOR LEGISLATIVE HISTORY: 2013: A.6161-A amended and referred to
governmental operations 2013: A.6161 referred to governmental operations
2012: A.01493 referred to governmental operations 2012: A.01493 to
attorney-general for opinion 2012: A.01493 held for consideration in
governmental operations 2011: A.01493 referred to governmental oper-
ations 2011: A.01493 to attorney-general for opinion 2011: A.01493 opin-
ion referred to judiciary 2010: Referred to Governmental Operations.
FISCAL IMPLICATIONS: To be determined
EFFECTIVE DATE: Resolved (if the 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.
STATE OF NEW YORK
________________________________________________________________________
6161--A
2013-2014 Regular Sessions
IN ASSEMBLY
March 15, 2013
___________
Introduced by M. of A. TEDISCO, PALMESANO, BORELLI, CORWIN, TENNEY,
MALLIOTAKIS, LALOR -- Multi-Sponsored by -- M. of A. McLAUGHLIN, STEC
-- read once and referred to the Committee on Governmental Operations
-- committee discharged, bill amended, ordered reprinted as amended
and recommitted to said committee
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 an elective officer
1 Section 1. Resolved (if the Senate concur), That article 20 of the
2 constitution be renumbered article 21 and a new article 20 be added to
3 read as follows:
4 ARTICLE XX
5 RECALL
6 Section 1. Recall is the power of citizens to remove an elective
7 officer.
8 § 2. a. Recall of a state officer is initiated by a registered voter
9 registering his or her intent to initiate a recall of a state official
10 with the state board of elections. Intent to initiate a recall shall
11 include a reason for recall. Sufficiency of reason is not reviewable.
12 Proponents have ninety days from the registering of intent to file
13 sufficient petitions.
14 b. A petition to recall a statewide officer shall be sufficient when
15 signed by registered voters equal in number to at least twenty percent
16 of the total number of voters to vote in the previous election for the
17 office, with signatures from each of the counties within the state equal
18 in number to at least one percent of the total number of voters to vote
19 in the previous election for the office in the county. A petition to
20 recall senators and members of the assembly shall be sufficient when
21 signed by registered voters equal in number to at least twenty percent
22 of the total number of voters to vote in the previous election for the
23 office in the senate or assembly district. There shall be no ability to
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD89069-02-3
A. 6161--A 2
1 recall officers serving in the office of judge. Sufficient petitions
2 shall be certified by the state board of elections.
3 c. The state board of elections shall maintain a continuous count of
4 the signatures certified to that office.
5 § 3. a. An election to determine whether to recall an officer shall be
6 held no less than seventy days nor more than ninety days from the date
7 of certification of sufficient signatures.
8 b. If the majority of voters vote in favor of recall, the officer is
9 removed. In the following special election to fill the vacancy of the
10 recalled official, the recalled officer may not be a candidate, nor
11 shall there by any candidacy for an office filled pursuant to section
12 two of article six.
13 c. Upon the recall of a state official in the office of state senate
14 or state assembly, a special election shall be called by the governor to
15 fill the vacancy of a state senate or state assembly district.
16 § 4. If recall of the governor is enacted, the duties of the office
17 shall be performed by the lieutenant governor. If recall of the lieuten-
18 ant governor is enacted, the duties of the lieutenant governor shall be
19 performed by the temporary president of the senate. If recall of the
20 attorney general or comptroller is enacted, the office of attorney
21 general or comptroller shall be filled pursuant to section forty-one of
22 article three of the public officers law.
23 § 5. A state officer who is not recalled shall not be reimbursed by
24 the state for the officer's recall election expenses legally and
25 personally incurred. Another recall may not be initiated against the
26 officer until six months after the recall.
27 § 6. Costs incurred by the county board of elections for operating the
28 recall and the special election shall be reimbursed through the general
29 fund of New York state.
30 § 2. Resolved (if the Senate concur), That the foregoing amendment be
31 referred to the first regular legislative session convening after the
32 next succeeding general election of members of the assembly, and, in
33 conformity with section 1 of article 19 of the constitution, be
34 published for 3 months previous to the time of such election.
