Bill S5512-2013

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

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

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  • Feb 11, 2014: OPINION REFERRED TO JUDICIARY
  • Jan 13, 2014: TO ATTORNEY-GENERAL FOR OPINION
  • Jan 8, 2014: REFERRED TO JUDICIARY
  • Jun 18, 2013: OPINION REFERRED TO JUDICIARY
  • Jun 4, 2013: TO ATTORNEY-GENERAL FOR OPINION
  • May 16, 2013: REFERRED TO JUDICIARY

Memo

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.


Text

STATE OF NEW YORK ________________________________________________________________________ 5512 2013-2014 Regular Sessions IN SENATE May 16, 2013 ___________
Introduced by Sen. MARCHIONE -- 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 recall of an elective officer 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. RECALL IS THE POWER OF CITIZENS TO REMOVE AN ELECTIVE OFFICER. S 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. LBD89069-03-3 S. 5512 2 S 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. 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. S 4. IF RECALL OF THE GOVERNOR IS ENACTED, THE DUTIES OF THE OFFICE SHALL BE PERFORMED BY THE LIEUTENANT GOVERNOR. IF RECALL OF THE LIEUTEN- ANT 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. S 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. S 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. S 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.

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