NY State Senate Bill 2017-S2157

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

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Actions

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	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-S2157 (ACTIVE) - Details

Current Committee:: Senate Judiciary
Law Section:: Constitution, Concurrent Resolutions to Amend
Laws Affected:: Ren Art 20 to be Art 21, add Art 20 §§1 - 10, Constn
Versions Introduced in Other Legislative Sessions:: 2015-2016: S8069
2019-2020: S1258
2021-2022: S2149

2017-S2157 (ACTIVE) - Summary

Provides for recall; provides that any state or local officer, including the governor, lieutenant governor, comptroller, attorney general and state legislators may be recalled; requires a petition for recall of a statewide officer to be signed by electors equal in number to fifteen percent of the votes case in the last election for the office with signatures in each of the twenty-seven congressional districts equal in number to five percent of the last vote for the office in the district; makes related provisions.

2017-S2157 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S2157

 TITLE OF BILL :  CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
proposing the addition of a new article 20 of the constitution, in
relation to providing for recall

 PURPOSE :

The legislation proposes the addition of a new article 20 of the
constitution, in relation to providing for recall of elected officials

 SUMMARY OF PROVISIONS :

Section 1: Renumbers articles of the constitution to add a new article
20 that provides for the recall of state and local officers under
specified procedures and conditions.

Section 2: Establishes the effective date of the bill.

 JUSTIFICATION :

Recent reports of corruption, fraud, and misuse at all levels of
public office have enhanced already declining trust in elected
officials and skepticism about the path of our government. Without
investment in the future of our state of politics, New York State
cannot guarantee that there will be adequate and substantive reforms.

With that said, it is imperative that the voters of New York State be
reassured that they retain control over the electoral process and that
those officials that fail to represent their best interests can be
held accountable.

The recall process has been used in the United States since the
beginning of the twentieth century. This has included measures
targeted at officials at the local and state levels. To date, twenty
states, in addition to the District of Columbia, permit some form of
recall for elected officials. While the particular grounds for recall
vary by state, some of the primary justifications for its use are
found when elected officials have been accused of a serious violation
of public office, committed a crime, transgressed ethically, or have
irreparably broken the trust of the voters. Given the current
political climate in New York, and the alarming number of elected
officials charged with violating the public trust, this legislation
represents a major step in holding elected officials accountable.

In addition to being a significant institutional change, the recall
process promises to bring back a level of responsiveness and
responsibility that many voters feel has been lost. This measure will
ensure that state and local officials who violate the trust of their
constituents, and abuse their public office, can be removed in a
timely and efficient manner. At this juncture, it is vital that we
establish a standard of integrity and reliability that the voters in
New York deserve.

 LEGISLATIVE HISTORY :

2016: S.8069 Passed Senate

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
The amendments will 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 three months previous to the time
of such election.

2017-S2157 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2157
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 12, 2017
                                ___________
 
 Introduced  by  Sens.  SERINO,  CROCI,  MURPHY -- read twice and ordered
   printed, and when printed to be committed to the Committee on  Judici-
   ary
 
             CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
 
 proposing  the  addition  of  a  new  article 20 of the constitution, in
   relation to providing for recall

   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. ANY STATE OR LOCAL OFFICER MAY BE RECALLED.  THESE  INCLUDE
 THE  OFFICES  OF  GOVERNOR,  LIEUTENANT  GOVERNOR, COMPTROLLER, ATTORNEY
 GENERAL, STATE LEGISLATORS, COUNTY EXECUTIVES, MAYORS, AND TOWN SUPERVI-
 SORS. A STATE OR LOCAL OFFICER APPOINTED IN LIEU OF ELECTION OR TO  FILL
 A VACANCY IN ONE OF THESE OFFICES MAY ALSO BE RECALLED.
   §  2. RECALL OF A STATE OR LOCAL OFFICER IS INITIATED BY DELIVERING TO
 THE STATE BOARD OF ELECTIONS A PETITION ALLEGING REASONS FOR  RECALL.  A
 RECALL  PETITION  MUST  STATE  CLEARLY  AND FACTUALLY THE REASON FOR THE
 RECALL BASED CONDUCT DURING THE OFFICER'S  TERM  OF  OFFICE.  SUFFICIENT
 REASON  FOR  RECALL SHALL BE ESTABLISHED IN THE CASE OF A STATE OR LOCAL
 OFFICER WHO HAS BEEN INDICTED FOR A FELONY RELATED TO PUBLIC OFFICE,  OR
 CONVICTED  OF  A MISDEMEANOR RELATED TO PUBLIC OFFICE.  NO PERSON MAY BE
 RECALLED FOR PERFORMING A MANDATORY DUTY OF THE OFFICE HE OR  SHE  HOLDS
 OR  FOR  NOT PERFORMING ANY ACT THAT, IF PERFORMED, WOULD SUBJECT HIM OR
 HER TO PROSECUTION FOR OFFICIAL MISCONDUCT.  THE LEGISLATURE SHALL ENACT
 LEGISLATION TO IMPLEMENT THIS SECTION TAKING INTO ACCOUNT  INTERESTS  OF
 JUSTICE.  PROPONENTS HAVE NINETY DAYS TO FILE SIGNED PETITIONS.
   §  3. A PETITION TO RECALL A STATEWIDE OFFICER MUST BE SIGNED BY ELEC-
 TORS EQUAL IN NUMBER TO FIFTEEN PERCENT OF THE VOTES CAST  IN  THE  LAST
 ELECTION  FOR  THE  OFFICE  WITH  SIGNATURES IN EACH OF THE TWENTY-SEVEN
 CONGRESSIONAL DISTRICTS EQUAL IN NUMBER TO FIVE PERCENT OF THE LAST VOTE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD89048-01-7

 S. 2157                             2
 
 FOR THE OFFICE IN THE DISTRICT.   A  PETITION  TO  RECALL  SENATORS  AND
 MEMBERS OF THE ASSEMBLY MUST BE SIGNED BY ELECTORS IN THE DISTRICT EQUAL
 IN  NUMBER TO TWENTY PERCENT OF THE LAST VOTE FOR THE OFFICE. A PETITION
 TO  RECALL  A  LOCAL  OFFICER MUST BE SIGNED BY ELECTORS IN THE DISTRICT
 EQUAL IN NUMBER TO THIRTY PERCENT OF THE LAST VOTE FOR THE OFFICE.
   § 4. THE STATE BOARD OF ELECTIONS SHALL MAINTAIN A CONTINUOUS COUNT OF
 THE SIGNATURES CERTIFIED TO SUCH OFFICE.
   § 5. 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.
   § 6. 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  EQUALS  AT  LEAST  FIFTY
 PERCENT OF ALL VOTERS ELIGIBLE TO VOTE AT THE RECALL ELECTION.
   §  7.  IF  THE MAJORITY VOTE ON THE QUESTION IS TO RECALL, THE OFFICER
 SHALL BE REMOVED AND A SPECIAL ELECTION SHALL BE CALLED BY THE GOVERNOR.
 A SPECIAL ELECTION SHALL NOT BE CALLED WITHIN ONE HUNDRED EIGHTY DAYS OF
 A GENERAL ELECTION FOR THE OFFICE.  THE CANDIDATE WHO RECEIVES A PLURAL-
 ITY IS THE SUCCESSOR.  THE OFFICER MAY NOT BE A CANDIDATE.
   § 8. THE LEGISLATURE SHALL PROVIDE FOR CIRCULATION FILING, AND CERTIF-
 ICATION OF PETITIONS, NOMINATIONS OF  CANDIDATES,  AND  RECALL  ELECTION
 PROCEDURES.
   § 9. IF THE RECALL OF THE GOVERNOR OR SECRETARY OF STATE IS INITIATED,
 THE  RECALL  DUTIES  OF THAT OFFICE SHALL BE PERFORMED BY THE LIEUTENANT
 GOVERNOR OR COMPTROLLER, RESPECTIVELY.
   § 10.  COUNTIES, CITIES, TOWNS AND VILLAGES MAY PROVIDE FOR ADDITIONAL
 GROUNDS FOR RECALLS.
   § 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.

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Senate Bill S2157

Sponsored By

Archive: Last Bill Status - In Senate Committee Judiciary Committee

co-Sponsors

2017-S2157 (ACTIVE) - Details

2017-S2157 (ACTIVE) - Summary

2017-S2157 (ACTIVE) - Sponsor Memo

2017-S2157 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S2157

Share this bill

Sponsored By

Susan Serino

Archive: Last Bill Status - In Senate Committee Judiciary Committee

co-Sponsors

Thomas D. Croci

Terrence Murphy

2017-S2157 (ACTIVE) - Details

2017-S2157 (ACTIVE) - Summary

2017-S2157 (ACTIVE) - Sponsor Memo

2017-S2157 (ACTIVE) - Bill Text download pdf

Comments