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

BILL NUMBER:S5512

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 0f bill

This bill adds a new article to the Constitution to allow for the recall of elected State 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 elective 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 registered 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 nor later than 90 days from when the petitions for recall were 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 election to fill the vacancy left by recall.

Section 4 provides the protocol in the event the Governor, Lieutenant Governor, Comptroller or Attorney General are recalled.

Section 5 makes known that State officials who survive a recall election shall not be reimbursed for campaign expenditures.

Section 6 states that 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

Recall, the ability to remove and replace an elected official prior to the completion of their term, is a privilege extended to citizens in 19 states. By extending this right to New Yorkers, we will be providing them with a mechanism to remove officials who have breached the public trust while creating a powerful deterrent for others who might do the same.

Prior legislative history

This is a new bill.

Fiscal implications

To be determined

EFFECTIVE .DATE:

Resolved (if concurrence) 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.