Bill Text: NY A03937 | 2023-2024 | General Assembly | Introduced

---

Bill Title: Provides for recall of a statewide elective officer; empowers the citizens with the ability to remove elective officers.

Spectrum: Partisan Bill (Republican 10-0)

Status: (Introduced) 2024-01-26 - opinion referred to judiciary [A03937 Detail]

Download: New_York-2023-A03937-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                          3937

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    February 8, 2023
                                       ___________

        Introduced  by  M.  of  A.  TAGUE, GALLAHAN, DURSO, GANDOLFO, DeSTEFANO,
          PALMESANO, MANKTELOW, DiPIETRO, SMULLEN, LEMONDES  --  read  once  and
          referred to the Committee on Election Law

                    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 a statewide elective officer

     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                                   RECALL

     6    Section 1. Recall is the power of citizens to remove a statewide elec-
     7  tive officer. These include the offices of governor,  lieutenant  gover-
     8  nor, comptroller, and attorney general.
     9    §  2.  (a)  Recall of a statewide officer is initiated by a registered
    10  voter filing an affidavit with the state board of elections  of  his  or
    11  her intent to initiate a recall of a statewide officer. Intent to initi-
    12  ate a recall shall include a reason for recall. Sufficiency of reason is
    13  not  reviewable. Proponents have one hundred twenty days from the filing
    14  of the affidavit of intent to file sufficient petitions.  The  affidavit
    15  may  be  filed no sooner than six months after the beginning of the term
    16  of office.
    17    (b) A petition to recall a statewide officer shall be sufficient  when
    18  signed  by  registered voters equal in number to at least twelve percent
    19  of the total vote for the office in the previous election, with at least
    20  two  thousand  signatures  from  each  of  the   state's   congressional
    21  districts.    Sufficient petitions shall be certified by the state board
    22  of elections.
    23    (c) The state board of elections shall maintain a continuous count  of
    24  the signatures certified to that office.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD89057-01-3
        A. 3937                             2

     1    §  3. (a) An election to determine whether to recall a statewide offi-
     2  cer and, if necessary, to elect a  successor  shall  be  called  by  the
     3  governor  and  held not less than seventy days nor more than eighty days
     4  from the date of certification of sufficient signatures.
     5    (b) Notwithstanding subdivision (a) of this section, a recall election
     6  may be conducted within one hundred eighty days from the date of certif-
     7  ication  of  sufficient  signatures  in  order  that the election may be
     8  consolidated with the next general election.
     9    (c) If the majority of voters vote in favor of recall,  the  statewide
    10  officer  is  removed,  and,  if  there is a candidate, the candidate who
    11  receives a plurality is  the  successor.  The  statewide  officer  being
    12  recalled may not be a candidate.
    13    § 4. If recall of the governor is initiated, the recall duties of that
    14  office shall be performed by the lieutenant governor.
    15    §  5.  The  legislature  shall  provide  for  circulation, filing, and
    16  certification of petitions, nomination of  candidates,  and  the  recall
    17  election.
    18    §  6.  A statewide officer who is not recalled shall not be reimbursed
    19  by the state for the officer's  recall  election  expenses  legally  and
    20  personally  incurred.  Another  recall  may not be initiated against the
    21  statewide officer until six months after the recall.
    22    § 7. Costs incurred by county boards of elections  for  operating  the
    23  recall election shall be reimbursed through the general fund of New York
    24  state.
    25    §  2. Resolved (if the Senate concur), That the foregoing amendment be
    26  referred to the first regular legislative session  convening  after  the
    27  next  succeeding  general  election  of members of the assembly, and, in
    28  conformity with  section  1  of  article  19  of  the  constitution,  be
    29  published for 3 months previous to the time of such election.