What's happening
This bill proposes a constitutional amendment to allow New York voters to recall and remove elected officials through a petition and special election process.
Why it matters
Empowers voters with a direct check on public officials. By establishing a recall process, citizens could actively remove state or local officials for specified misconduct, making elected officials more directly accountable beyond regular elections.
Sets clear and specific grounds for recall. The amendment limits recall efforts to defined reasons—such as malfeasance, ethics violations, or failure to perform duties—reducing the risk of recalls being used for purely political or frivolous purposes.
Creates a structured, time-bound process. Signature requirements (10% for state, 15% for local officials) and strict deadlines for petitioning and elections ensure the recall process is accessible but not easily abused, balancing responsiveness with stability.
Could reshape political dynamics and public trust. The existence of a recall mechanism might deter misconduct, encourage more transparency from officeholders, and give the public greater confidence in their ability to oversee government conduct between elections.
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Who cares
Headline styles
Allow Recall of Elected Officials
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- 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
8451
IN SENATE
May 8, 2018
Introduced by Sen. SEPULVEDA -- 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 to the constitution, in relation to providing for the recall of an elected official
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 OF AN ELECTED OFFICER
Section 1. Recall is the power of the electors to remove an elected officer.
§ 2. For purposes of this article the following terms shall have the following meanings: 1. "state elected official" shall mean the governor, the lieutenant governor, the comptroller, the attorney general or a member of the state legislature; and
2. "local elected official" shall mean any officer elected to a position with a county, city, town, village, school district or district corporation, or any agency, department, division, board, commission or bureau thereof or a judge or justice of the supreme court, trial court, county court or local court.
§ 3. 1. Recall of a state elected official or local elected official is initiated by delivering to the secretary of state a petition alleging reason for recall. Proponents have ninety days to file signed petitions.
2. A recall petition must state clearly and factually the reason or reasons for the recall, which must be based on the elected official's conduct during his or her term of office. Permissible reasons shall include:
(a) physical or mental lack of fitness, or act of malfeasance or misconduct while in office;
(b) violation of oath of office;
(c) failure to perform duties prescribed by law;
(d) willfully misused, converted, or misappropriated, without authority, public property or public funds entrusted to or associated with the elective office to which the official has been elected or appointed; or
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD89085-01-7
S. 8451 2
(e) a finding of probable cause of ethics violation has been made by the New York state joint commission on public ethics or any municipal ethics commission, or New York state commission on judicial conduct.
3. A petition to recall a state elected official must be signed by ten percent of eligible voters. Signatures to recall local elected officials must equal fifteen percent of eligible voters.
4. The secretary of state shall maintain a continuous count of the signatures certified to that office.
§ 4. 1. An election to determine whether to recall a state elected official or local elected official 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.
2. 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 equal at least fifty percent of all the voters eligible to vote at the recall election.
3. If the majority vote on the question is to recall, the officer is removed and, if there is a candidate, the candidate who receives a plurality is the successor. The officer may not be a candidate, nor shall there be any candidacy for an office filed pursuant to section two of article six.
§ 5. The legislature shall provide for circulation, filing, and certification of petitions, nomination of candidates, and the recall election.
§ 6. If recall of the governor is initiated, the recall duties of that office shall be performed by the lieutenant governor.
§ 7. If a recall effort is unsuccessful, another recall may not be initiated against the officer until six months after the election.
§ 8. The legislature shall provide for recall of local officers. This section does not affect counties and cities whose charters provide for recall.
§ 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 to the constitution, in relation to providing for the recall of an elected official
Purpose or general idea of bill
To establish a process for recall elections for state and local elected officials.
Summary of specific provisions
Creates new Article 20 of the State Constitution. Defines recall term and terms to who it will apply: state and local elected officials.
Read the full memo (728 words)
Recall would be initiated by a petition with reasons for recall being delivered to the secretary of state.
Proponents would then have 90 days to file signed petitions.
A recall petition must clearly and factually state the reason or reasons for recall, which must be based on the elected official's conduct during his or her term of office.
Permissible reasons shall include: physical or mental lack of fitness, or act of malfeasance or misconduct while in office, violation of oath of office, failure to perform duties prescribed by law, willfully misus- ing, converting, or misappropriation, without authority, of public prop- erty or public funds entrusted to or associated with the elective office to which the official has been elected or appointed, a finding of proba- ble cause of ethics violation has been made by the New York State Joint Commission on Public Ethics, or any municipal ethics commission, or New York State Commission on Judicial Conduct.
Petition for state elected official must be signed by 10% of eligible voters. Petition for local elected official recall must be signed by 15% of eligible voters.
Recall election and successor elections would be called by the governor and held no less than 60 days and no more than 80 days from certif- ication of sufficient signatures. A recall election may be conducted within 180 days from the date of certification of sufficient signatures in order that the election may be consolidated with the next regularly scheduled election occurring in that jurisdiction. If the voters vote in favor of recall, the official is recalled and cannot run for reelection for that office.
If recall of the governor is initiated, the recall duties of that office shall be performed by the lieutenant governor.
If recall is unsuccessful, another recall cannot be initiated for 6 more months.
Difference between original and amended version
N/A
Justification
Unlike 19 other states in the nation, there is no recall system for voters in New York State to remove an elected official. The power to remove a local elected official rests solely with the Governor for some local elected officials.
New York's electorate has been shaken by bad actions of the few elected officials who are charged with upholding and creating laws but are instead breaking them. Confidence in government and in those elected to govern is at an all-time low. The confidence of the electorate needs to be rebuilt. By extending this right to remove and replace an elected official, prior to the completion of their term, 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. 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.
Currently, until convicted of a felony, the electorate has no way of holding its elected officials accountable. Even judges break ethical standards and are only rarely removed for those violations and usually are only censured after the first or second misstep.
This legislation provides for specific reasons permitted for a recall and a high amount of needed signatures for recall election to be called. Such will prevent recalls for strictly political reasons.
Prior legislative history
2016: A.8682 Opinion Referred to Judiciary
Fiscal implications
To be determined
Effective date
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.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.