BILL NUMBER: S2607
SPONSOR: GRIFFO
 
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
initiative and referendum and recall
 
PURPOSE OR GENERAL IDEA OF BILL:
To foster greater participatory democracy in New York State by allowing
voters to: 1) place proposed laws on the ballot for New Yorkers to adopt
or reject ("initiative"); 2) place an already existing law on the ballot
for New Yorkers to reject or accept ("referendum"); and 3) place the
question of whether to remove and replace a public official on the
ballot ("recall").
 
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 and its implementing portions establish the use of initiative
in New York State. Initiative is defined as the power of elector to
propose statutes and constitutional amendments for approval or rejection
by the voters. In brief, the initiative measure is submitted by present-
ing a petition to the Secretary of State containing both wording of the
initiative for a statute and signatures of electors that constitute at
least 5% of the total votes cast for all gubernatorial candidates at the
last election for governor. If the petition's initiative measure
proposes a constitutional amendment, then the petition must have at
least 8% of the total votes cast in the last gubernatorial election. 2/3
of the voters in 2/3 of the counties of the State of New York must vote
to approve the measure in order for it to become law.
Section 2 and its implementing components authorize referendum in New
York. Referendum is described as the power of electors to approve or
reject statutes (or parts of statutes). This resolution prohibits refer-
endum from being employed in cases or urgency statutes (emergency legis-
lation), statutes calling elections and statutes authorizing tax levies
or appropriations for the state's current expenses. A referendum measure
shall be proposed by presenting to the secretary of state, within ninety
(90) days after the statute to be affected by the proposed referendum
has become effective, a petition signed by at least 5% of the total
votes cast for gubernatorial candidates in the last election for gover-
nor. If an initiative or referendum measure is approved by a majority of
votes, it takes effect the day After the election unless the measure
states otherwise. In the event provisions of two or more measures
approved at the same election conflict, those provisions of the measure
receiving the greater number of affirmative votes shall govern. Similar
to initiative, referendum votes must attain an approval from 2/3 of the
voters in 2/3 of the counties of the State of New York in order for the
measure to pass. This resolution also permits c ities or counties to
exercise initiative and referendum powers.
Section 6 and its ancillary sections authorize the use of recall in New
York State for all statewide elected officers, state senators, assembly
members, supreme court judges, and trial court judges. Recall author-
izes electors to remove an elective officer. If electors seek to recall
a statewide officer, then the petition must be signed by ate least 12%
of the last vote for the particular office. Recall of a state senator,
assembly member, and supreme and trial court judges shall require signa-
tures equal to at least 20% of the prior vote for the office.
 
JUSTIFICATION:
New York State is facing several policy challenges in a very difficult
fiscal climate. While few people would disagree with the common sense
proposition that it is best to confront such challenges by turning to as
many people as possible to either propose new legislation or amend
existing legislation, New York continues to lag behind more progressive
states by failing to enact initiative and referendum ("I and R"). I and
R would engage all New Yorkers by allowing them to propose new laws
"Initiative") or alter existing ones ("Referendum") and, if they obtain
the requisite support from their fellow New Yorkers, place I and R meas-
ures on the ballot at elections for all New Yorkers to consider I and R.
I and R, at its heart, is the means to ensure real popular control of
public affairs. Since it is the New York populace that is affected by
laws enacted in the Legislature, why shouldn't this same populace enjoy
the right to approve or reject laws that a significant majority of New
York voters choose to approve or reject? This resolution would help
ensure the popular control of public affairs by New York citizens
through authorizing I and R. However, there are safeguards in the
resolution to ensure that an excessive number of measures do not get on
the ballot. There are additional safeguards to prevent the imposition of
the will of one particular region of the state on others.
As for recall, the basis for this procedure is the well-accepted maxim
that voters should retain the right of control over their elei,ted offi-
cials. No one would seriously dispute that a candidate for public office
may be elected for several reasons and some of the reasons may bear very
little relation to the candidate's ability to perform public duties
effectively. Recall recognizes this by acknowledging that if people can
be elected to public office for non job related reasons, they can also
be removed from office for a variety of reasons. Another strong argument
for establishing I and R and recall in New York is as an important check
on the power of special interests in the state. Twenty-four states pres-
ently allow citizen initiative measures of some type. As for the argu-
ment that I and R and recall can be abused for frivolous reasons or
proposal, it must be kept in mind that the voters can reject any measure
they are unsure of and, in fact, one could argue that the voters should
be trusted to act in the public interest. In sum, direct democracy meas-
ures such as I and R and recall can empower New York's citizens whenever
their elected officials ignore their concerns.
 
PRIOR LEGISLATIVE HISTORY:
This bill was first introduced in the 2011-12 session
 
FISCAL IMPLICATIONS:
Possibly slightly increased administrative costs.
 
EFFECTIVE DATE:
Upon passage by two separately elected Legislatures and approval by the
voters after such passage.