Bill Text: NY A03220 | 2019-2020 | General Assembly | Introduced


Bill Title: Provides for initiative and referendum and recall; empowers the electors with the ability to propose statutes and amendments to the constitution, approve or reject statutes or parts of statutes, and remove elective officers.

Spectrum: Partisan Bill (Republican 6-0)

Status: (Introduced) 2020-02-14 - opinion referred to judiciary [A03220 Detail]

Download: New_York-2019-A03220-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          3220
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 29, 2019
                                       ___________
        Introduced  by  M.  of  A.  KOLB,  RAIA, GIGLIO, PALMESANO, MONTESANO --
          Multi-Sponsored by -- M. of A. HAWLEY -- read once and referred 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 initiative and referendum and recall
     1    Section  1.  Resolved  (if  the Senate concur), That article 20 of the
     2  constitution be renumbered article 21 and a new article 20 be  added  to
     3  read as follows:
     4                                 ARTICLE XX
     5                    INITIATIVE AND REFERENDUM AND RECALL
     6    Section  1.  1. The initiative is the power of the electors to propose
     7  statutes and amendments to the constitution and to adopt or reject them.
     8    2. An initiative measure may be proposed by presenting to  the  secre-
     9  tary  of state a petition that sets forth the text of the proposed stat-
    10  ute or amendment to the constitution  and  is  certified  to  have  been
    11  signed  by  electors  equal  in  number to five percent in the case of a
    12  statute, and eight percent in the case of an amendment to the  constitu-
    13  tion,  of the votes for all candidates for governor at the last guberna-
    14  torial election.
    15    3. The secretary of state shall then submit the measure  at  the  next
    16  general  election  held  at  least  one hundred thirty-one days after it
    17  qualifies or at any special statewide election held prior to that gener-
    18  al election. The governor may call a special statewide election for  the
    19  measure.
    20    4.  An  initiative  measure embracing more than one subject may not be
    21  submitted to the electors or have any effect.
    22    5. An initiative measure shall not include or  exclude  any  political
    23  subdivision  of  the  state  from  the  application  or  effect  of  its
    24  provisions based upon approval or disapproval of the initiative measure,
    25  or based upon the casting of a specified percentage of votes in favor of
    26  the measure, by the electors of that political subdivision.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD89042-01-9

        A. 3220                             2
     1    6. An initiative measure shall not contain alternative  or  cumulative
     2  provisions  wherein  one  or  more  of those provisions would become law
     3  depending upon the casting of a specified percentage  of  votes  for  or
     4  against the measure.
     5    §  2.  1.  The  referendum  is the power of the electors to approve or
     6  reject statutes or parts of statutes except statutes  calling  elections
     7  and  statutes  providing  for  tax  levies  or  appropriations for usual
     8  current expenses of the state.
     9    2. A referendum measure may be proposed by presenting to the secretary
    10  of state, within ninety days after the effective date of the statute,  a
    11  petition  certified  to  have been signed by electors equal in number to
    12  five percent of the votes for all candidates for governor  at  the  last
    13  gubernatorial election, asking that the statute or part of it be submit-
    14  ted  to  the electors. In the case of a statute enacted by a bill passed
    15  by the legislature on or before the date the legislature adjourns in the
    16  second calendar year of the biennium of the legislative session, and  in
    17  the  possession of the governor after that date, the petition may not be
    18  presented on or after January first next following  the  effective  date
    19  unless  a  copy  of  the  petition  is submitted to the attorney general
    20  pursuant to subdivision four of section three  of  this  article  before
    21  January first.
    22    3.  The  secretary  of state shall then submit the measure at the next
    23  general election held at least thirty-one days after it qualifies or  at
    24  a  special  statewide  election held prior to that general election. The
    25  governor may call a special statewide election for the measure.
    26    § 3. 1. An initiative statute or referendum approved by a majority  of
    27  votes thereon takes effect the day after the election unless the measure
    28  provides  otherwise. If a referendum petition is filed against a part of
    29  a statute the remainder shall not be delayed from going into effect.
    30    2. If provisions of two or more measures approved at the same election
    31  conflict, those of the measure receiving the  highest  affirmative  vote
    32  shall prevail.
    33    3.  The  legislature  may  amend or repeal referendum statutes. It may
    34  amend or repeal an initiative statute by another  statute  that  becomes
    35  effective only when approved by the electors unless the initiative stat-
    36  ute permits amendment or repeal without their approval.
    37    4.  Prior  to  circulation of an initiative or referendum petition for
    38  signatures, a copy shall be submitted to the attorney general who  shall
    39  prepare a title and summary of the measure as provided by law.
    40    5.  The  legislature shall provide the manner in which petitions shall
    41  be circulated, presented, and certified, and measures submitted  to  the
    42  electors.
    43    § 4. 1. Initiative and referendum powers may be exercised by the elec-
    44  tors  of each city or county under procedures that the legislature shall
    45  provide. Except as provided  in  subdivisions  two  and  three  of  this
    46  section, this section does not affect a city having a charter.
    47    2.  A  city  or county initiative measure shall not include or exclude
    48  any part of the city or county from the application  or  effect  of  its
    49  provisions based upon approval or disapproval of the initiative measure,
    50  or based upon the casting of a specified percentage of votes in favor of
    51  the measure, by the electors of the city or county or any part thereof.
    52    3.  A  city or county initiative measure shall not contain alternative
    53  or cumulative provisions wherein one or more of those  provisions  would
    54  become law depending upon the casting of a specified percentage of votes
    55  for or against the measure.

        A. 3220                             3
     1    §  5. No amendment to the constitution, and no statute proposed to the
     2  electors by the legislature or by initiative, that names any  individual
     3  to  hold  any  office, or names or identifies any private corporation to
     4  perform any function or to have any power or duty, may be  submitted  to
     5  the electors or have any effect.
     6    §  6.  Recall is the power of the electors to remove an elective offi-
     7  cer.
     8    § 7. 1. Recall of a state officer is initiated by  delivering  to  the
     9  secretary of state a petition alleging reason for recall. Sufficiency of
    10  reason is not reviewable. Proponents have one hundred sixty days to file
    11  signed petitions.
    12    2. A petition to recall a statewide officer must be signed by electors
    13  equal  in number to twelve percent of the last vote for the office, with
    14  signatures from each of five counties equal in number to one percent  of
    15  the  last  vote  for  the  office  in  the  county. Signatures to recall
    16  senators, members of the assembly, and  judges  of  supreme  courts  and
    17  trial  courts  must  equal in number twenty percent of the last vote for
    18  the office.
    19    3. The secretary of state shall maintain a  continuous  count  of  the
    20  signatures certified to that office.
    21    §  8. 1. An election to determine whether to recall an officer and, if
    22  appropriate, to elect a successor shall be called by  the  governor  and
    23  held not less than sixty days nor more than eighty days from the date of
    24  certification of sufficient signatures.
    25    2.  A  recall election may be conducted within one hundred eighty days
    26  from the date of certification of sufficient signatures  in  order  that
    27  the  election  may  be  consolidated  with  the next regularly scheduled
    28  election occurring wholly or partially within the same  jurisdiction  in
    29  which  the  recall election is held, if the number of voters eligible to
    30  vote at that next regularly scheduled  election  equal  at  least  fifty
    31  percent of all the voters eligible to vote at the recall election.
    32    3.  If  the majority vote on the question is to recall, the officer is
    33  removed and, if there is a  candidate,  the  candidate  who  receives  a
    34  plurality  is  the  successor.  The  officer may not be a candidate, nor
    35  shall there be any candidacy for an office filed pursuant to section two
    36  of article six.
    37    § 9. The  legislature  shall  provide  for  circulation,  filing,  and
    38  certification  of  petitions,  nomination  of candidates, and the recall
    39  election.
    40    § 10. If recall of the governor or secretary of  state  is  initiated,
    41  the  recall  duties  of that office shall be performed by the lieutenant
    42  governor or comptroller, respectively.
    43    § 11. A state officer who is not recalled shall be reimbursed  by  the
    44  state  for the officer's recall election expenses legally and personally
    45  incurred. Another recall may not be initiated against the officer  until
    46  six months after the election.
    47    § 12. The legislature shall provide for recall of local officers. This
    48  section  does  not affect counties and cities whose charters provide for
    49  recall.
    50    § 2. Resolved (if the Senate concur), That the foregoing amendment  be
    51  referred  to  the  first regular legislative session convening after the
    52  next succeeding general election of members of  the  assembly,  and,  in
    53  conformity  with  section  1  of  article  19  of  the  constitution, be
    54  published for 3 months previous to the time of such election.
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