S T A T E   O F   N E W   Y O R K
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                                 9085--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              July 27, 2009
                               ___________

Introduced by M. of A. TEDISCO, AMEDORE -- read once and referred to the
  Committee  on  Governmental  Operations  -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

            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

  Section 1. Resolved (if the Senate concur), That  article  20  of  the
constitution  be  renumbered article 21 and a new article 20 be added to
read as follows:
                               ARTICLE XX
                                 RECALL
  SECTION 1.  RECALL IS THE POWER OF THE ELECTORS TO REMOVE AN  ELECTIVE
OFFICER.
  S  2.  1.  RECALL OF A STATE OFFICER IS INITIATED BY DELIVERING TO THE
SECRETARY OF STATE A PETITION ALLEGING REASON FOR RECALL. SUFFICIENCY OF
REASON IS NOT REVIEWABLE. PROPONENTS HAVE NINETY  DAYS  TO  FILE  SIGNED
PETITIONS.
  2. A PETITION TO RECALL A STATEWIDE OFFICER MUST BE SIGNED BY ELECTORS
EQUAL  IN NUMBER TO TWENTY PERCENT OF THE LAST VOTE FOR THE OFFICE, WITH
SIGNATURES FROM EACH OF FIVE COUNTIES EQUAL IN NUMBER TO ONE PERCENT  OF
THE  LAST  VOTE  FOR  THE  OFFICE  IN  THE  COUNTY. SIGNATURES TO RECALL
SENATORS AND MEMBERS OF THE ASSEMBLY MUST EQUAL IN NUMBER TWENTY PERCENT
OF THE LAST VOTE FOR THE OFFICE.   THERE SHALL BE  NO  RECALL  POWER  TO
REMOVE JUDGES.
  3.  THE  SECRETARY  OF  STATE SHALL MAINTAIN A CONTINUOUS COUNT OF THE
SIGNATURES CERTIFIED TO THAT OFFICE.
  S 3. 1. AN ELECTION TO DETERMINE WHETHER TO RECALL AN OFFICER AND,  IF
APPROPRIATE,  TO  ELECT  A SUCCESSOR SHALL BE CALLED BY THE GOVERNOR AND
HELD NOT LESS THAN SIXTY DAYS NOR MORE THAN EIGHTY DAYS FROM THE DATE OF
CERTIFICATION OF SUFFICIENT SIGNATURES.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD89152-02-9
              

A. 9085--A                          2

  2. A RECALL ELECTION MAY BE CONDUCTED WITHIN ONE HUNDRED  EIGHTY  DAYS
FROM  THE  DATE  OF CERTIFICATION OF SUFFICIENT SIGNATURES IN ORDER THAT
THE ELECTION MAY BE  CONSOLIDATED  WITH  THE  NEXT  REGULARLY  SCHEDULED
ELECTION  OCCURRING  WHOLLY OR PARTIALLY WITHIN THE SAME JURISDICTION IN
WHICH  THE  RECALL ELECTION IS HELD, IF THE NUMBER OF VOTERS ELIGIBLE TO
VOTE AT THAT NEXT REGULARLY SCHEDULED  ELECTION  EQUAL  AT  LEAST  FIFTY
PERCENT OF ALL THE VOTERS ELIGIBLE TO VOTE AT THE RECALL ELECTION.
  3.  IF  THE MAJORITY VOTE ON THE QUESTION IS TO RECALL, THE OFFICER IS
REMOVED AND, IF THERE IS A  CANDIDATE,  THE  CANDIDATE  WHO  RECEIVES  A
PLURALITY  IS  THE  SUCCESSOR.  THE  OFFICER MAY NOT BE A CANDIDATE, NOR
SHALL THERE BE ANY CANDIDACY FOR AN OFFICE FILED PURSUANT TO SECTION TWO
OF ARTICLE SIX.
  S 4. THE  LEGISLATURE  SHALL  PROVIDE  FOR  CIRCULATION,  FILING,  AND
CERTIFICATION  OF  PETITIONS,  NOMINATION  OF CANDIDATES, AND THE RECALL
ELECTION.
  S 5. IF RECALL OF THE GOVERNOR OR SECRETARY OF STATE IS INITIATED, THE
RECALL DUTIES OF THAT OFFICE SHALL BE PERFORMED BY THE LIEUTENANT GOVER-
NOR OR COMPTROLLER, RESPECTIVELY.
  S 6. A STATE OFFICER WHO IS NOT RECALLED SHALL BE  REIMBURSED  BY  THE
STATE  FOR THE OFFICER'S RECALL ELECTION EXPENSES LEGALLY AND PERSONALLY
INCURRED. ANOTHER RECALL MAY NOT BE INITIATED AGAINST THE OFFICER  UNTIL
SIX MONTHS AFTER THE ELECTION.
  S  7. THE LEGISLATURE SHALL PROVIDE FOR RECALL OF LOCAL OFFICERS. THIS
SECTION DOES NOT AFFECT COUNTIES AND CITIES WHOSE CHARTERS  PROVIDE  FOR
RECALL.
  S  2. Resolved (if the Senate concur), That 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.