Provides for the recall power of the electors to remove an elective officer

1 Co-sponsor

• George Amedore

1 Multi-sponsor

• Jane Corwin

BILL NUMBER:A9085A

Title of bill

CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY propos- ing 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 1 defines recall as the power of the electors to remove an elective officer.

Section 2 Details how to initiate the recall of a state officer. Specifically, to recall a statewide officer, 20% of the voters that took part in the last election for that official must sign a recall petition. Petitions shall be delivered, within 90 days, to the Secretary of State. The Secretary of State shall maintain a continuous count of the signa- tures certified to that office. There shall be no recall power to remove judges.

Section 4 provides the time constraints that must be followed by the Governor in calling for a recall election. This section also provides that a majority vote to recall is all that is needed to remove the offi- cer in question. The candidate that receives a plurality is the succes- sor.

Section 5 provides that if the Governor is the focus of the recall then the recall duties shall be performed by the lieutenant governor or the comptroller.

Section 6 provides for the reimbursement of expenses for a state officer not recalled. Another recall may not be initiated against that officer until six months after the election.

Section 7 calls for the legislature to provide for the recall of local officers. This section does not affect counties and cities whose char- ters provide for recall.

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

New Bill

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.