Establishes a process for the conducting of recall elections for state and local elected officials

BILL NUMBER:S5516

Title of bill

An act to amend the public officers law and the election law, in relation to the recall of state and local elected officials

Purpose

To establish a process for recall elections for state and local elected officials.

Summary of provisions

Section One - Paragraph h of subdivision 1 of section 30 of the public officers law, as amended by chapter 209 of the laws of 1954 , is amended and a new paragraph i is added pertaining to 'his or her removal from office pursuant to article three-a or three-b of this chapter.'

Section Two - The public officers law is amended by adding two new articles 3-A and 3-B to create the recall of state elected officials and the recall of local elected officials. Article 3-B pertains to state elected officials and establishes the process including: Application for recall, Petition for recall, Filing of petition, Recall election, Judicial review, Grounds for recall and accompanying rules and regulations. Article 3-B creates the process for the recall of local elected officials and also sets forth: Definitions, Application for recall, Petition for recall, Filing of petition, Recall election, Judicial review, Grounds for recall and accompanying rules and regulations.

Section Three - Section 3-102 of the election law is amended by adding a new subdivision 16-b to administer the provisions of Article 3-A of the public officers law and promulgate such rules and regulations as shall be necessary to implement the provisions of Article 3-B of the public officers law.

Section Four - Establishes the effective date.

Existing law

New York State does not currently have a recall process for elected officials.

Justification

Despite the fact that they are a small minority, recent examples of criminal, unethical and questionable conduct by elected officials, has greatly increased public demand for a procedure to legally remove an elected official before their term is complete. Voters have a right to hold their elected officials accountable for their actions, without having to wait for the next election cycle. According to the National Conference of State Legislatures, currently, 19 states permit the recall of state elected officials, and at least 29 states have a process in place to recall local elected officials. The legislation will allow New York State voters that same opportunity, by providing a process to recall non-judicial, statewide and local

elected office holders for misconduct, incompetence or failure to perform the duties of the office.

Legislative history

This is a new bill.

Fiscal implications

To be determined.

Effective date

This act shall take effect on the first of January next succeeding the date on which it shall have become a law; provided, that, effective immediately, any rules and regulations necessary to implement the provisions of this act on its effective date are authorized and directed to be completed on or before such date.