NY State Senate Bill 2017-S2089

Archive: Last Bill Status - In Senate Committee Judiciary Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 15, 2018	opinion referred to judiciary
Jan 12, 2018	to attorney-general for opinion
Jan 03, 2018	referred to judiciary
Feb 10, 2017	opinion referred to judiciary
Jan 13, 2017	to attorney-general for opinion
Jan 12, 2017	referred to judiciary

co-Sponsors

2017-S2089 (ACTIVE) - Details

See Assembly Version of this Bill:: A8763
Current Committee:: Senate Judiciary
Law Section:: Constitution, Concurrent Resolutions to Amend
Laws Affected:: Ren Art 20 to be Art 21, add Art 20 §§1 - 6, Constn
Versions Introduced in Other Legislative Sessions:: 2009-2010: A9085
2011-2012: A1493
2013-2014: S5512, A6161
2015-2016: S1084, A1726
2019-2020: S556, A5291
2021-2022: S222, A4898
2023-2024: S49, A3091
2025-2026: S475, A3136

2017-S2089 (ACTIVE) - Summary

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

2017-S2089 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S2089

 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: CREATION OF ARTICLE 20 OF THE NEW YORK STATE
CONSTITUTION, RECALL

Section 1 defines recall as the power of the electors to remove an
elective 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
registered 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 :

01/08/2015: S.1084 Referred to Judiciary
01/16/2015: S.1084 To Attorney-General for Opinion
01/06/2016: S.1084 Referred to Judiciary
03/14/2016: S.1084 To Attorney-General for Opinion
04/06/2016: S.1084 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.

2017-S2089 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2089
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 12, 2017
                                ___________
 
 Introduced  by Sens. TEDISCO, MARCHIONE -- read twice and ordered print-
   ed, 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

   Section  1.  Resolved (if the Assembly 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 CITIZENS TO REMOVE AN ELECTIVE
 OFFICER.
   § 2. A. RECALL OF A STATE OFFICER IS INITIATED BY A  REGISTERED  VOTER
 REGISTERING  HIS  OR HER INTENT TO INITIATE A RECALL OF A STATE OFFICIAL
 WITH THE STATE BOARD OF ELECTIONS. INTENT TO  INITIATE  A  RECALL  SHALL
 INCLUDE  A  REASON  FOR RECALL. SUFFICIENCY OF REASON IS NOT REVIEWABLE.
 PROPONENTS HAVE NINETY DAYS FROM  THE  REGISTERING  OF  INTENT  TO  FILE
 SUFFICIENT PETITIONS.
   B.  A  PETITION TO RECALL A STATEWIDE OFFICER SHALL BE SUFFICIENT WHEN
 SIGNED BY REGISTERED VOTERS EQUAL IN NUMBER TO AT LEAST  TWENTY  PERCENT
 OF  THE  TOTAL NUMBER OF VOTERS TO VOTE IN THE PREVIOUS ELECTION FOR THE
 OFFICE, WITH SIGNATURES FROM EACH OF THE COUNTIES WITHIN THE STATE EQUAL
 IN NUMBER TO AT LEAST ONE PERCENT OF THE TOTAL NUMBER OF VOTERS TO  VOTE
 IN  THE  PREVIOUS  ELECTION  FOR THE OFFICE IN THE COUNTY. A PETITION TO
 RECALL SENATORS AND MEMBERS OF THE ASSEMBLY  SHALL  BE  SUFFICIENT  WHEN
 SIGNED  BY  REGISTERED VOTERS EQUAL IN NUMBER TO AT LEAST TWENTY PERCENT
 OF THE TOTAL NUMBER OF VOTERS TO VOTE IN THE PREVIOUS ELECTION  FOR  THE
 OFFICE  IN THE SENATE OR ASSEMBLY DISTRICT. THERE SHALL BE NO ABILITY TO
 RECALL OFFICERS SERVING IN THE OFFICE  OF  JUDGE.  SUFFICIENT  PETITIONS
 SHALL BE CERTIFIED BY THE STATE BOARD OF ELECTIONS.
   C.  THE  STATE BOARD OF ELECTIONS SHALL MAINTAIN A CONTINUOUS COUNT OF
 THE SIGNATURES CERTIFIED TO THAT OFFICE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD89035-01-7

 S. 2089                             2
 
   § 3. A. AN ELECTION TO DETERMINE WHETHER TO RECALL AN OFFICER SHALL BE
 HELD NO LESS THAN SEVENTY DAYS NOR MORE THAN NINETY DAYS FROM  THE  DATE
 OF CERTIFICATION OF SUFFICIENT SIGNATURES.
   B.  IF  THE MAJORITY OF VOTERS VOTE IN FAVOR OF RECALL, THE OFFICER IS
 REMOVED. IN THE FOLLOWING SPECIAL ELECTION TO FILL THE  VACANCY  OF  THE
 RECALLED  OFFICIAL,  THE  RECALLED  OFFICER  MAY NOT BE A CANDIDATE, NOR
 SHALL THERE BY ANY CANDIDACY FOR AN OFFICE FILLED  PURSUANT  TO  SECTION
 TWO OF ARTICLE SIX OF THIS CONSTITUTION.
   C.  UPON  THE RECALL OF A STATE OFFICIAL IN THE OFFICE OF STATE SENATE
 OR STATE ASSEMBLY, A SPECIAL ELECTION SHALL BE CALLED BY THE GOVERNOR TO
 FILL THE VACANCY OF A STATE SENATE OR STATE ASSEMBLY DISTRICT.
   § 4. IF RECALL OF THE GOVERNOR IS ENACTED, THE DUTIES  OF  THE  OFFICE
 SHALL BE PERFORMED BY THE LIEUTENANT GOVERNOR. IF RECALL OF THE LIEUTEN-
 ANT  GOVERNOR IS ENACTED, THE DUTIES OF THE LIEUTENANT GOVERNOR SHALL BE
 PERFORMED BY THE TEMPORARY PRESIDENT OF THE SENATE.  IF  RECALL  OF  THE
 ATTORNEY  GENERAL  OR  COMPTROLLER  IS  ENACTED,  THE OFFICE OF ATTORNEY
 GENERAL OR COMPTROLLER SHALL BE FILLED PURSUANT TO SECTION FORTY-ONE  OF
 ARTICLE THREE OF THE PUBLIC OFFICERS LAW.
   §  5.  A  STATE OFFICER WHO IS NOT RECALLED SHALL NOT 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 RECALL.
   § 6. COSTS INCURRED BY THE COUNTY BOARD OF ELECTIONS FOR OPERATING THE
 RECALL AND THE SPECIAL ELECTION SHALL BE REIMBURSED THROUGH THE  GENERAL
 FUND OF NEW YORK STATE.
   §  2.  Resolved (if the Assembly 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.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Senate Bill S2089

Sponsored By

Archive: Last Bill Status - In Senate Committee Judiciary Committee

co-Sponsors

2017-S2089 (ACTIVE) - Details

2017-S2089 (ACTIVE) - Summary

2017-S2089 (ACTIVE) - Sponsor Memo

2017-S2089 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S2089

Share this bill

Sponsored By

James Tedisco

Archive: Last Bill Status - In Senate Committee Judiciary Committee

co-Sponsors

Kathleen A. Marchione

2017-S2089 (ACTIVE) - Details

2017-S2089 (ACTIVE) - Summary

2017-S2089 (ACTIVE) - Sponsor Memo

2017-S2089 (ACTIVE) - Bill Text download pdf

Comments