What's happening
This bill proposes a constitutional amendment to allow New York voters to recall and remove elected state officials through a petition and special election process.
Why it matters
Empowers voters with direct accountability. By enabling citizens to initiate recall petitions for state officials, this amendment would give voters a powerful tool to remove elected officials before their term ends, increasing public oversight and responsiveness.
Sets high signature thresholds for recalls. The requirement for recall petitions to be signed by at least 20% of voters from the previous election—plus a minimum from each county—means recalls would only move forward with significant, broad-based support, reducing the risk of frivolous or highly localized efforts.
Excludes judges from recall process. The amendment specifically bars the recall of judicial officers, maintaining the separation and independence of the judiciary from direct political pressures that might arise from the recall process.
Establishes clear rules for succession and costs. It outlines interim officeholders if top officials are recalled, prohibits recalled officials from running in the immediate special election, and ensures local boards of elections are reimbursed for recall election costs by the state—addressing both continuity in governance and financial implications for local governments.
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Who cares
Headline styles
Let Voters Recall Officials
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Held for consideration in governmental operations
- Opinion referred to judiciary
- To attorney-general for opinion
- Referred to governmental operations
- Opinion referred to judiciary
- To attorney-general for opinion
- Referred to governmental operations
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.
Allow Voters to Recall Officials
In Senate Committee · Judiciary · Sponsor James Tedisco
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5291
2019-2020 Regular Sessions
IN ASSEMBLY
February 8, 2019
Introduced by M. of A. STEC -- read once and referred to the Committee on Governmental Operations
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
Section 1. Resolved (if the Senate 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. Recall is the power of citizens to remove an elective officer.
§ 2. a. Recall of a state officer is initiated by a registered voter registering his or her intent to initiate a recall of a state official with the state board of elections. Intent to initiate a recall shall include a reason for recall. Sufficiency of reason is not reviewable. Proponents have ninety days from the registering of intent to file sufficient petitions.
b. A petition to recall a statewide officer shall be sufficient when signed by registered voters equal in number to at least twenty percent of the total number of voters to vote in the previous election for the office, with signatures from each of the counties within the state equal in number to at least one percent of the total number of voters to vote in the previous election for the office in the county. A petition to recall senators and members of the assembly shall be sufficient when signed by registered voters equal in number to at least twenty percent of the total number of voters to vote in the previous election for the office in the senate or assembly district. There shall be no ability to recall officers serving in the office of judge. Sufficient petitions shall be certified by the state board of elections.
c. The state board of elections shall maintain a continuous count of the signatures certified to that office.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD89040-01-9
A. 5291 2
§ 3. a. An election to determine whether to recall an officer shall be held no less than seventy days nor more than ninety days from the date of certification of sufficient signatures.
b. If the majority of voters vote in favor of recall, the officer is removed. In the following special election to fill the vacancy of the recalled official, the recalled officer may not be a candidate, nor shall there by any candidacy for an office filled pursuant to section two of article six of this constitution.
c. Upon the recall of a state official in the office of state senate or state assembly, a special election shall be called by the governor to fill the vacancy of a state senate or state assembly district.
§ 4. If recall of the governor is enacted, the duties of the office shall be performed by the lieutenant governor. If recall of the lieutenant governor is enacted, the duties of the lieutenant governor shall be performed by the temporary president of the senate. If recall of the attorney general or comptroller is enacted, the office of attorney general or comptroller shall be filled pursuant to section forty-one of article three of the public officers law.
§ 5. A state officer who is not recalled shall not be reimbursed by the state for the officer's recall election expenses legally and personally incurred. Another recall may not be initiated against the officer until six months after the recall.
§ 6. Costs incurred by the county board of elections for operating the recall and the special election shall be reimbursed through the general fund of New York state.
§ 2. Resolved (if the Senate 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.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.