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. LBD89042-01-9A. 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.