Bill Text: NY S01084 | 2015-2016 | General Assembly | Introduced

New York Senate Bill 1084 (Prior Session Legislation)

Introduced

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

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2016-04-06 - OPINION REFERRED TO JUDICIARY [S01084 Detail]

Download: New_York-2015-S01084-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1084
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                    January 8, 2015
                                      ___________
       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
    1    Section 1. Resolved (if the Assembly 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  AN  ELECTIVE
    7  OFFICER.
    8    S  2.  A. RECALL OF A STATE OFFICER IS INITIATED BY A REGISTERED VOTER
    9  REGISTERING HIS OR HER INTENT TO INITIATE A RECALL OF A  STATE  OFFICIAL
   10  WITH  THE  STATE  BOARD  OF ELECTIONS. INTENT TO INITIATE A RECALL SHALL
   11  INCLUDE A REASON FOR RECALL. SUFFICIENCY OF REASON  IS  NOT  REVIEWABLE.
   12  PROPONENTS  HAVE  NINETY  DAYS  FROM  THE  REGISTERING OF INTENT TO FILE
   13  SUFFICIENT PETITIONS.
   14    B. A PETITION TO RECALL A STATEWIDE OFFICER SHALL BE  SUFFICIENT  WHEN
   15  SIGNED  BY  REGISTERED VOTERS EQUAL IN NUMBER TO AT LEAST TWENTY PERCENT
   16  OF THE TOTAL NUMBER OF VOTERS TO VOTE IN THE PREVIOUS ELECTION  FOR  THE
   17  OFFICE, WITH SIGNATURES FROM EACH OF THE COUNTIES WITHIN THE STATE EQUAL
   18  IN  NUMBER TO AT LEAST ONE PERCENT OF THE TOTAL NUMBER OF VOTERS TO VOTE
   19  IN THE PREVIOUS ELECTION FOR THE OFFICE IN THE  COUNTY.  A  PETITION  TO
   20  RECALL  SENATORS  AND  MEMBERS  OF THE ASSEMBLY SHALL BE SUFFICIENT WHEN
   21  SIGNED BY REGISTERED VOTERS EQUAL IN NUMBER TO AT LEAST  TWENTY  PERCENT
   22  OF  THE  TOTAL NUMBER OF VOTERS TO VOTE IN THE PREVIOUS ELECTION FOR THE
   23  OFFICE IN THE SENATE OR ASSEMBLY DISTRICT. THERE SHALL BE NO ABILITY  TO
   24  RECALL  OFFICERS  SERVING  IN  THE OFFICE OF JUDGE. SUFFICIENT PETITIONS
   25  SHALL BE CERTIFIED BY THE STATE BOARD OF ELECTIONS.
   26    C. THE STATE BOARD OF ELECTIONS SHALL MAINTAIN A CONTINUOUS  COUNT  OF
   27  THE SIGNATURES CERTIFIED TO THAT OFFICE.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD89023-01-5
       S. 1084                             2
    1    S 3. A. AN ELECTION TO DETERMINE WHETHER TO RECALL AN OFFICER SHALL BE
    2  HELD  NO  LESS THAN SEVENTY DAYS NOR MORE THAN NINETY DAYS FROM THE DATE
    3  OF CERTIFICATION OF SUFFICIENT SIGNATURES.
    4    B.  IF  THE MAJORITY OF VOTERS VOTE IN FAVOR OF RECALL, THE OFFICER IS
    5  REMOVED. IN THE FOLLOWING SPECIAL ELECTION TO FILL THE  VACANCY  OF  THE
    6  RECALLED  OFFICIAL,  THE  RECALLED  OFFICER  MAY NOT BE A CANDIDATE, NOR
    7  SHALL THERE BY ANY CANDIDACY FOR AN OFFICE FILLED  PURSUANT  TO  SECTION
    8  TWO OF ARTICLE SIX OF THIS CONSTITUTION.
    9    C.  UPON  THE RECALL OF A STATE OFFICIAL IN THE OFFICE OF STATE SENATE
   10  OR STATE ASSEMBLY, A SPECIAL ELECTION SHALL BE CALLED BY THE GOVERNOR TO
   11  FILL THE VACANCY OF A STATE SENATE OR STATE ASSEMBLY DISTRICT.
   12    S 4. IF RECALL OF THE GOVERNOR IS ENACTED, THE DUTIES  OF  THE  OFFICE
   13  SHALL BE PERFORMED BY THE LIEUTENANT GOVERNOR. IF RECALL OF THE LIEUTEN-
   14  ANT  GOVERNOR IS ENACTED, THE DUTIES OF THE LIEUTENANT GOVERNOR SHALL BE
   15  PERFORMED BY THE TEMPORARY PRESIDENT OF THE SENATE.  IF  RECALL  OF  THE
   16  ATTORNEY  GENERAL  OR  COMPTROLLER  IS  ENACTED,  THE OFFICE OF ATTORNEY
   17  GENERAL OR COMPTROLLER SHALL BE FILLED PURSUANT TO SECTION FORTY-ONE  OF
   18  ARTICLE THREE OF THE PUBLIC OFFICERS LAW.
   19    S  5.  A  STATE OFFICER WHO IS NOT RECALLED SHALL NOT BE REIMBURSED BY
   20  THE STATE  FOR  THE  OFFICER'S  RECALL  ELECTION  EXPENSES  LEGALLY  AND
   21  PERSONALLY  INCURRED.  ANOTHER  RECALL  MAY NOT BE INITIATED AGAINST THE
   22  OFFICER UNTIL SIX MONTHS AFTER THE RECALL.
   23    S 6. COSTS INCURRED BY THE COUNTY BOARD OF ELECTIONS FOR OPERATING THE
   24  RECALL AND THE SPECIAL ELECTION SHALL BE REIMBURSED THROUGH THE  GENERAL
   25  FUND OF NEW YORK STATE.
   26    S  2.  Resolved (if the Assembly concur), That the foregoing amendment
   27  be referred to the first regular legislative session convening after the
   28  next succeeding general election of members of  the  assembly,  and,  in
   29  conformity  with  section  1  of  article  19  of  the  constitution, be
   30  published for 3 months previous to the time of such election.