What's happening
This bill proposes a constitutional amendment to allow recall elections for state and local officials in New York.
Why it matters
Establishes a formal process for voters to remove state and local officials from office before their terms end,. which could increase accountability and responsiveness of elected and appointed leaders to public concerns.
Sets specific and relatively high signature requirements for recall petitions (ranging from 15% to 30% of voters, depending on the office),. making recalls possible but not easy, and ensuring that only significant public dissatisfaction can trigger an election.
Limits recall eligibility to cases involving misconduct or criminal indictment/conviction related to public office,. reducing the risk of frivolous or purely political recall efforts, and ensuring recalls target serious breaches of public trust.
Provides structured timelines and procedures for recall elections, including the possibility of consolidating with regular elections,. which could minimize costs and administrative burdens while ensuring timely resolution of recall efforts.
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Who cares
State and local officeholders
The proposed constitutional amendment would subject them to recall, including officials appointed in lieu of election or to fill vacancies.
Voters and recall organizers
They would gain a petition process to seek an official’s removal, with ninety days to file signed petitions and signature thresholds varying by office.
State Board of Elections
It would receive recall petitions and maintain a continuous count of certified signatures.
County, city, town and village governments
They could establish additional grounds for recalling officials.
Headline styles
Let Voters Recall Officials
Plain English, a few words. Used as the page title.
Sponsors
2 Co-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
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2157
2017-2018 Regular Sessions
IN SENATE
January 12, 2017
Introduced by Sens. SERINO, CROCI, MURPHY -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary
CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing the addition of a new article 20 of the constitution, in relation to providing for recall
Section 1. Resolved (if the Assembly concur), That article 20 of the constitution be renumbered article 21 and a new article 20 be added to read as follows:
ARTICLE XX
RECALL
Section 1. Any state or local officer may be recalled. These include the offices of governor, lieutenant governor, comptroller, attorney general, state legislators, county executives, mayors, and town supervisors. A state or local officer appointed in lieu of election or to fill a vacancy in one of these offices may also be recalled.
§ 2. Recall of a state or local officer is initiated by delivering to the state board of elections a petition alleging reasons for recall. A recall petition must state clearly and factually the reason for the recall based conduct during the officer's term of office. Sufficient reason for recall shall be established in the case of a state or local officer who has been indicted for a felony related to public office, or convicted of a misdemeanor related to public office. No person may be recalled for performing a mandatory duty of the office he or she holds or for not performing any act that, if performed, would subject him or her to prosecution for official misconduct. The legislature shall enact legislation to implement this section taking into account interests of justice. Proponents have ninety days to file signed petitions.
§ 3. A petition to recall a statewide officer must be signed by electors equal in number to fifteen percent of the votes cast in the last election for the office with signatures in each of the twenty-seven congressional districts equal in number to five percent of the last vote
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD89048-01-7
S. 2157 2
for the office in the district. A petition to recall senators and members of the assembly must be signed by electors in the district equal in number to twenty percent of the last vote for the office. A petition to recall a local officer must be signed by electors in the district equal in number to thirty percent of the last vote for the office.
§ 4. The state board of elections shall maintain a continuous count of the signatures certified to such office.
§ 5. An election to determine whether to recall an officer and, if appropriate, to elect a successor shall be called by the governor and held not less than sixty days nor more than eighty days from the date of certification of sufficient signatures.
§ 6. A recall election may be conducted within one hundred eighty days from the date of certification of sufficient signatures in order that the election may be consolidated with the next regularly scheduled election occurring wholly or partially within the same jurisdiction in which the recall election is held, if the number of voters eligible to vote at that next regularly scheduled election equals at least fifty percent of all voters eligible to vote at the recall election.
§ 7. If the majority vote on the question is to recall, the officer shall be removed and a special election shall be called by the Governor. A special election shall not be called within one hundred eighty days of a general election for the office. The candidate who receives a plurality is the successor. The officer may not be a candidate.
§ 8. The legislature shall provide for circulation filing, and certification of petitions, nominations of candidates, and recall election procedures.
§ 9. If the recall of the governor or secretary of state is initiated, the recall duties of that office shall be performed by the lieutenant governor or comptroller, respectively.
§ 10. Counties, cities, towns and villages may provide for additional grounds for recalls.
§ 2. Resolved (if the Assembly 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.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing the addition of a new article 20 of the constitution, in relation to providing for recall
Purpose
The legislation proposes the addition of a new article 20 of the constitution, in relation to providing for recall of elected officials
Summary of provisions
Section 1: Renumbers articles of the constitution to add a new article 20 that provides for the recall of state and local officers under specified procedures and conditions.
Section 2: Establishes the effective date of the bill.
Justification
Recent reports of corruption, fraud, and misuse at all levels of public office have enhanced already declining trust in elected officials and skepticism about the path of our government. Without investment in the future of our state of politics, New York State cannot guarantee that there will be adequate and substantive reforms. With that said, it is imperative that the voters of New York State be reassured that they retain control over the electoral process and that those officials that fail to represent their best interests can be held accountable.
The recall process has been used in the United States since the beginning of the twentieth century. This has included measures targeted at officials at the local and state levels. To date, twenty states, in addition to the District of Columbia, permit some form of recall for elected officials. While the particular grounds for recall vary by state, some of the primary justifications for its use are found when elected officials have been accused of a serious violation of public office, committed a crime, transgressed ethically, or have irreparably broken the trust of the voters. Given the current political climate in New York, and the alarming number of elected officials charged with violating the public trust, this legislation represents a major step in holding elected officials accountable.
In addition to being a significant institutional change, the recall process promises to bring back a level of responsiveness and responsibility that many voters feel has been lost. This measure will ensure that state and local officials who violate the trust of their constituents, and abuse their public office, can be removed in a timely and efficient manner. At this juncture, it is vital that we establish a standard of integrity and reliability that the voters in New York deserve.
Legislative history
2016: S.8069 Passed Senate
Fiscal implications
None.
Effective date
The amendments will 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 three months previous to the time of such election.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.