BILL NUMBER: S475
SPONSOR: TEDISCO
 
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
recall of an elective officer
 
PURPOSE OR GENERAL IDEA OF BILL:
This bill adds a new article to the Constitution to allow for the recall
of elected State officials.
 
SUMMARY OF SPECIFIC PROVISIONS:
SECTION ONE: That article 20 of the constitution be renumbered article
21 and a new article 20 be added
Section 1 defines recall as the power of the electors to remove an elec-
tive officer.
Section 2 details how to initiate the recall of a state officer. Recall
is initiated by a registration of intent to the State Board of
Elections. From that point, the petitioners have ninety days to gain the
necessary signatures. Sufficient signatures shall be 20% of the regis-
tered voters that took part in the last election for that official.
Petitions shall be delivered, within 90 days, to the State Board of
Elections. The State Board of Elections shall maintain the petitions.
There shall be no recall power to remove judges.
Section 3 creates the protocol for the recall election. A recall
election shall take place no sooner than 70 days nor later than 90 days
from when the petitions for recall were certified. If the voters vote in
favor of recall, the official is recalled and cannot run for reelection
for that office. The Governor shall call a special election to fill the
vacancy left by recall.
Section 4 provides the protocol in the event the Governor, Lieutenant
Governor, Comptroller or Attorney General are recalled.
Section 5 makes known that State officials who survive a recall election
shall not be reimbursed for campaign expenditures.
Section 6 states that costs incurred by the County Board of Elections
for the recall and special election shall be compensated by the State of
New York through the General Fund.
SECTION TWO: RESOLVED THAT IF PASSED BY THE SENATE AND ASSEMBLY IN TWO
CONSECUTIVE LEGISLATIVE SESSIONS, THE LEGISLATION SHALL BE PLACED ON THE
STATEWIDE BALLOT AS A REFERENDUM.
 
JUSTIFICATION:
Recall, the ability to remove and replace an elected official prior to
the completion of their term, is a privilege extended to citizens in 19
states. By extending this right to New Yorkers, we will be providing
them with a mechanism to remove officials who have breached the public
trust while creating a powerful deterrent for others who might do the
same.
 
PRIOR LEGISLATIVE HISTORY:
01/08/15: S.1084 REFERRED TO JUDICIARY
01/16/15: S.1084 TO ATTORNEY-GENERAL FOR OPINION
01/06/16: S.1084 REFERRED TO JUDICIARY
03/14/16: S.1084 TO ATTORNEY-GENERAL FOR OPINION
04/06/16: S.1084 OPINION REFERRED TO JUDICIARY
01/12/17: S.2089 REFERRED TO JUDICIARY
01/13/17: S.2089 TO ATTORNEY-GENERAL FOR OPINION
02/10/17: S.2089 OPINION REFERRED TO JUDICIARY
01/03/18: S.2089 REFERRED TO JUDICIARY
01/12/18: S.2089 TO ATTORNEY-GENERAL FOR OPINION
02/15/18: S.2089 OPINION REFERRED TO JUDICIARY
01/09/19: S.556 REFERRED TO JUDICIARY
01/11/19: S.556 TO ATTORNEY-GENERAL FOR OPINION
02/07/19: S.556 OPINION REFERRED TO JUDICIARY
01/08/20: S.556 REFERRED TO JUDICIARY
02/14/20: S.556 TO ATTORNEY-GENERAL FOR OPINION
03/13/20: S.556 OPINION REFERRED TO JUDICIARY
01/06/21: S.222 REFERRED TO JUDICIARY
01/08/21: S.222 TO ATTORNEY-GENERAL FOR OPINION
03/17/21: S.222 OPINION REFERRED TO JUDICIARY
01/05/22: S.222 REFERRED TO JUDICIARY
01/28/22: S.222 TO ATTORNEY-GENERAL FOR OPINION
03/01/22: S.222 OPINION REFERRED TO JUDICIARY
01/04/23: S.49 REFERRED TO JUDICIARY
01/06/23: S.49 TO ATTORNEY-GENERAL FOR OPINION
02/07/23: S.49 OPINION REFERRED TO JUDICIARY
01/03/24: S.49 REFERRED TO JUDICIARY
01/04/24: S.49 TO ATTORNEY-GENERAL FOR OPINION
01/29/24: S.49 OPINION REFERRED TO JUDICIARY
 
FISCAL IMPLICATIONS:
To be determined
 
EFFECTIVE DATE:
Resolved (if concurrence) the foregoing amendment be referred to the
first regular legislative session convening after the next succeeding
general election of Members of the Assembly, and, in conformity with
section 1 of article 19 of the Constitution, be published for 3 months
previous to the time of such election.