BILL NUMBER: S6591
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 a statewide elective officer
 
PURPOSE OR GENERAL IDEA OF BILL:
This bill adds a new Article 20 to the New York State Constitution to
allow for the recall of statewide elective officers, which include the
governor, lieutenant governor, comptroller, and attorney general.
 
SUMMARY OF SPECIFIC PROVISIONS:
Section one of new Article 20 identifies recall as the power of citizens
to remove a statewide elective officer.
Section two allows a registered voter to initiate a recall by filing an
affidavit with the State Board of Elections of one's intent to initiate
a recall of a statewide officer. Requires a petition for a statewide
officer-to be signed by at least twelve percent of the total vote for
the office in the previous election, with at least two thousand signa-
tures from each of the state's congressional districts. Also, grants
proponents one hundred twenty days to file signed petitions.
Section three requires a recall election to be held not less than seven-
ty days nor more than eighty days from the date of certification of
signatures, or it may be conducted within one hundred eighty days of the
certification of signatures in order to be consolidated with the next
general election. Requires a statewide officer to be removed by a major-
ity vote and the candidate (if any) receiving a plurality vote is the
successor. Also, prohibits the recalled statewide officer from being a
candidate.
Section four requires the lieutenant governor to perform the recall
duties of the office if a recall of the governor is initiated.
Section five requires the legislature to provide for circulation,
filing, and certification of petitions, nomination of candidates, and
the recall election.
Section six prohibits a statewide officer who is not recalled from being
reimbursed by the state for the officer's recall election expenses
legally and personally incurred. Also, prohibits another recall from
being initiated against the statewide officer until six months after the
recall.
Section seven requires costs incurred by county boards of elections for
operating the recall election to be reimbursed through the State General
Fund.
 
JUSTIFICATION:
Recall is a procedure by which voters can remove an elective officer
from office through a direct vote, before his or her term has expired.
The process is initiated by a sufficient number of voters signing a
petition. Next, an election is held, and the officer is removed upon a
majority vote and the candidate receiving a plurality vote becomes the
successor.
Recall is not currently allowed in New York for the removal of elected
officials. Therefore, a constitutional amendment is necessary to estab-
lish a recall process for all statewide elective officers. The adoption
of recall would grant voters a means to retain control over statewide
elective officers who are not representing the best interests of New
Yorkers, or who are unresponsive, incompetent, or corrupt.
 
PRIOR LEGISLATIVE HISTORY:
New Bill
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
Additional administrative costs to be paid by the State General Fund.
 
EFFECTIVE DATE:
Upon passage by two separately elected legislatures and approval by the
voters after such passage.