What's happening
Writing a plain-English summary… Track this bill to get it by email.
Why it matters
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Headline styles
Sponsors
History
- Opinion referred to judiciary
- To attorney-general for opinion
- Referred to judiciary
- Opinion referred to judiciary
- To attorney-general for opinion
- Referred to judiciary
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Provides for initiative and referendum and recall
In Assembly Committee · Judiciary · Sponsor Brian Kolb
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S2453
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 initiative and referendum and recall
Purpose
To foster greater participatory democracy in New York State by allowing voters to: 1) place proposed laws on the ballot for New Yorkers to adopt or reject ("initiative"); 2) place an already existing law on the ballot for New Yorkers to reject or accept ("referendum "); and 3) place the question of whether to remove and replace a public official on the ballot ("recall").
Read the full memo (972 words)
Summary of provisions
Section 1 and its implementing portions establish the use of initiative in New York State. Initiative is defined as the power of electors to propose statutes and constitutional amendments for approval or rejection by the voters. In brief, the initiative measure is submitted by presenting a petition to the Secretary of State containing both wording of the initiative for a statute and signatures of electors that constitute at least 5% of the total votes cast for all gubernatorial candidates at the last election for governor. If the petition's initiative measure proposes a constitutional amendment, then the petition must have at least 8% of the total votes cast in the last gubernatorial election. Section 2 and its implementing components authorize referendum in New York. Referendum is described as the power of electors to approve or reject statutes (or parts of statutes). This resolution prohibits referendum from being employed in cases of urgency statutes (emergency legislation), statutes calling elections and statutes authorizing tax levies or appropriations for the State's current expenses. A referendum measure shall be proposed by presenting to the Secretary of State, within ninety (90) days after the statute to be affected by the proposed referendum has become effective, a petition signed by at least 5% of the total votes cast for gubernatorial candidates in the last election for governor. If an initiative or referendum measure is approved by a majority of votes, it takes effect the day after the election unless the measure states otherwise. In the event provisions of two or more measures approved at the same election conflict, those provisions of the measure receiving the greater number of affirmative votes shall govern. This resolution also permits cities or counties to exercise initiative and referendum powers. Section 6 and its ancillary sections authorize the use of recall in New York State for all statewide elected officers, state senators, assembly members, supreme court judges and trial court judges. Recall authorizes electors to remove an elective officer. If electors seek to recall a statewide officer, then the petition must be signed by at least 12% of the last vote for the particular office. Recall of a state senator, assembly member, and supreme and trial court judges shall require signatures equal to at least 20% of the prior vote for the office.
Justification
New York State is facing several policy challenges in a very difficult fiscal climate. While few people would disagree with the common sense proposition that it is best to confront such challenges by turning to as many people as possible to either propose new legislation or amend existing legislation, New York continues to lag behind more progressive states by failing to enact initiative and referendum ("I and R"). I and R would engage all New Yorkers by allowing them to propose new laws ("Initiative") or alter existing ones ("Referendum") and, if they obtain the requisite support from their fellow New Yorkers, place I and R measures on the ballot at elections for all New Yorkers to consider I and R, at its heart, is the means to ensure real popular control of public affairs. Since it is the New York populace that is affected by laws enacted in the legislature, why shouldn't this same populace enjoy the right to approve or reject laws that a majority of New York voters choose to approve or reject. This resolution would help ensure the popular control of public affairs by New York citizens through authorizing I and R. However, there are safeguards in the resolution to ensure that an excessive number of measures do not get on the ballot. Any initiative or referendum measure must obtain at least 5% of all votes cast for governor in the most recent gubernatorial election. 5% of the votes cast in the 2002 gubernatorial contest equals 234,549 persons. As for recall, the basis for this procedure is the well accepted maxim that voters should retain the right of control over their elected officials. No one would seriously dispute that a candidate for public office may be elected for several reasons and some of the reasons may bear very little relation to the candidate's ability to perform public duties effectively. Recall recognizes this by acknowledging that if people can be elected to public office for non-job related reasons, they can also be removed from office for a variety of reasons. Another strong argument for establishing I and R and recall in New York is as an important check on the power of special interests in the State. Twenty-four states presently allow citizen initiative measures of some type. As for the argument that I and R and recall can be abused for frivolous reasons or proposals, it must be kept in mind that the voters can reject any measure they are unsure of and, in fact, one could argue that the voters should be trusted to act in the public interest. In sum, direct democracy measures such as I and R and recall can empower New York citizens whenever their elected officials ignore their concerns.
Legislative history
2010 - S.6060 Judiciary Committee/A.6815 Judiciary Committee.
Fiscal implications
Possibly slightly increased administrative costs.
Effective date
Upon passage by two separately elected Legislatures and approval by the voters after such passage.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.