S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3220
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 29, 2019
                                ___________
 
 Introduced  by  M.  of  A.  KOLB,  RAIA, GIGLIO, PALMESANO, MONTESANO --
   Multi-Sponsored by -- M. of A. HAWLEY -- read once and referred 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 initiative and referendum and recall
 
   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
                   INITIATIVE AND REFERENDUM AND RECALL
   SECTION  1.  1. THE INITIATIVE IS THE POWER OF THE ELECTORS TO PROPOSE
 STATUTES AND AMENDMENTS TO THE CONSTITUTION AND TO ADOPT OR REJECT THEM.
   2. AN INITIATIVE MEASURE MAY BE PROPOSED BY PRESENTING TO  THE  SECRE-
 TARY  OF STATE A PETITION THAT SETS FORTH THE TEXT OF THE PROPOSED STAT-
 UTE OR AMENDMENT TO THE CONSTITUTION  AND  IS  CERTIFIED  TO  HAVE  BEEN
 SIGNED  BY  ELECTORS  EQUAL  IN  NUMBER TO FIVE PERCENT IN THE CASE OF A
 STATUTE, AND EIGHT PERCENT IN THE CASE OF AN AMENDMENT TO THE  CONSTITU-
 TION,  OF THE VOTES FOR ALL CANDIDATES FOR GOVERNOR AT THE LAST GUBERNA-
 TORIAL ELECTION.
   3. THE SECRETARY OF STATE SHALL THEN SUBMIT THE MEASURE  AT  THE  NEXT
 GENERAL  ELECTION  HELD  AT  LEAST  ONE HUNDRED THIRTY-ONE DAYS AFTER IT
 QUALIFIES OR AT ANY SPECIAL STATEWIDE ELECTION HELD PRIOR TO THAT GENER-
 AL ELECTION. THE GOVERNOR MAY CALL A SPECIAL STATEWIDE ELECTION FOR  THE
 MEASURE.
   4.  AN  INITIATIVE  MEASURE EMBRACING MORE THAN ONE SUBJECT MAY NOT BE
 SUBMITTED TO THE ELECTORS OR HAVE ANY EFFECT.
   5. AN INITIATIVE MEASURE SHALL NOT INCLUDE OR  EXCLUDE  ANY  POLITICAL
 SUBDIVISION  OF  THE  STATE  FROM  THE  APPLICATION  OR  EFFECT  OF  ITS
 PROVISIONS BASED UPON APPROVAL OR DISAPPROVAL OF THE INITIATIVE MEASURE,
 OR BASED UPON THE CASTING OF A SPECIFIED PERCENTAGE OF VOTES IN FAVOR OF
 THE MEASURE, BY THE ELECTORS OF THAT POLITICAL SUBDIVISION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD89042-01-9

 A. 3220                             2
 
   6. AN INITIATIVE MEASURE SHALL NOT CONTAIN ALTERNATIVE  OR  CUMULATIVE
 PROVISIONS  WHEREIN  ONE  OR  MORE  OF THOSE PROVISIONS WOULD BECOME LAW
 DEPENDING UPON THE CASTING OF A SPECIFIED PERCENTAGE  OF  VOTES  FOR  OR
 AGAINST THE MEASURE.
   §  2.  1.  THE  REFERENDUM  IS THE POWER OF THE ELECTORS TO APPROVE OR
 REJECT STATUTES OR PARTS OF STATUTES EXCEPT STATUTES  CALLING  ELECTIONS
 AND  STATUTES  PROVIDING  FOR  TAX  LEVIES  OR  APPROPRIATIONS FOR USUAL
 CURRENT EXPENSES OF THE STATE.
   2. A REFERENDUM MEASURE MAY BE PROPOSED BY PRESENTING TO THE SECRETARY
 OF STATE, WITHIN NINETY DAYS AFTER THE EFFECTIVE DATE OF THE STATUTE,  A
 PETITION  CERTIFIED  TO  HAVE BEEN SIGNED BY ELECTORS EQUAL IN NUMBER TO
 FIVE PERCENT OF THE VOTES FOR ALL CANDIDATES FOR GOVERNOR  AT  THE  LAST
 GUBERNATORIAL ELECTION, ASKING THAT THE STATUTE OR PART OF IT BE SUBMIT-
 TED  TO  THE ELECTORS. IN THE CASE OF A STATUTE ENACTED BY A BILL PASSED
 BY THE LEGISLATURE ON OR BEFORE THE DATE THE LEGISLATURE ADJOURNS IN THE
 SECOND CALENDAR YEAR OF THE BIENNIUM OF THE LEGISLATIVE SESSION, AND  IN
 THE  POSSESSION OF THE GOVERNOR AFTER THAT DATE, THE PETITION MAY NOT BE
 PRESENTED ON OR AFTER JANUARY FIRST NEXT FOLLOWING  THE  EFFECTIVE  DATE
 UNLESS  A  COPY  OF  THE  PETITION  IS SUBMITTED TO THE ATTORNEY GENERAL
 PURSUANT TO SUBDIVISION FOUR OF SECTION THREE  OF  THIS  ARTICLE  BEFORE
 JANUARY FIRST.
   3.  THE  SECRETARY  OF STATE SHALL THEN SUBMIT THE MEASURE AT THE NEXT
 GENERAL ELECTION HELD AT LEAST THIRTY-ONE DAYS AFTER IT QUALIFIES OR  AT
 A  SPECIAL  STATEWIDE  ELECTION HELD PRIOR TO THAT GENERAL ELECTION. THE
 GOVERNOR MAY CALL A SPECIAL STATEWIDE ELECTION FOR THE MEASURE.
   § 3. 1. AN INITIATIVE STATUTE OR REFERENDUM APPROVED BY A MAJORITY  OF
 VOTES THEREON TAKES EFFECT THE DAY AFTER THE ELECTION UNLESS THE MEASURE
 PROVIDES  OTHERWISE. IF A REFERENDUM PETITION IS FILED AGAINST A PART OF
 A STATUTE THE REMAINDER SHALL NOT BE DELAYED FROM GOING INTO EFFECT.
   2. IF PROVISIONS OF TWO OR MORE MEASURES APPROVED AT THE SAME ELECTION
 CONFLICT, THOSE OF THE MEASURE RECEIVING THE  HIGHEST  AFFIRMATIVE  VOTE
 SHALL PREVAIL.
   3.  THE  LEGISLATURE  MAY  AMEND OR REPEAL REFERENDUM STATUTES. IT MAY
 AMEND OR REPEAL AN INITIATIVE STATUTE BY ANOTHER  STATUTE  THAT  BECOMES
 EFFECTIVE ONLY WHEN APPROVED BY THE ELECTORS UNLESS THE INITIATIVE STAT-
 UTE PERMITS AMENDMENT OR REPEAL WITHOUT THEIR APPROVAL.
   4.  PRIOR  TO  CIRCULATION OF AN INITIATIVE OR REFERENDUM PETITION FOR
 SIGNATURES, A COPY SHALL BE SUBMITTED TO THE ATTORNEY GENERAL WHO  SHALL
 PREPARE A TITLE AND SUMMARY OF THE MEASURE AS PROVIDED BY LAW.
   5.  THE  LEGISLATURE SHALL PROVIDE THE MANNER IN WHICH PETITIONS SHALL
 BE CIRCULATED, PRESENTED, AND CERTIFIED, AND MEASURES SUBMITTED  TO  THE
 ELECTORS.
   § 4. 1. INITIATIVE AND REFERENDUM POWERS MAY BE EXERCISED BY THE ELEC-
 TORS  OF EACH CITY OR COUNTY UNDER PROCEDURES THAT THE LEGISLATURE SHALL
 PROVIDE. EXCEPT AS PROVIDED  IN  SUBDIVISIONS  TWO  AND  THREE  OF  THIS
 SECTION, THIS SECTION DOES NOT AFFECT A CITY HAVING A CHARTER.
   2.  A  CITY  OR COUNTY INITIATIVE MEASURE SHALL NOT INCLUDE OR EXCLUDE
 ANY PART OF THE CITY OR COUNTY FROM THE APPLICATION  OR  EFFECT  OF  ITS
 PROVISIONS BASED UPON APPROVAL OR DISAPPROVAL OF THE INITIATIVE MEASURE,
 OR BASED UPON THE CASTING OF A SPECIFIED PERCENTAGE OF VOTES IN FAVOR OF
 THE MEASURE, BY THE ELECTORS OF THE CITY OR COUNTY OR ANY PART THEREOF.
   3.  A  CITY OR COUNTY INITIATIVE MEASURE SHALL NOT CONTAIN ALTERNATIVE
 OR CUMULATIVE PROVISIONS WHEREIN ONE OR MORE OF THOSE  PROVISIONS  WOULD
 BECOME LAW DEPENDING UPON THE CASTING OF A SPECIFIED PERCENTAGE OF VOTES
 FOR OR AGAINST THE MEASURE.

 A. 3220                             3
 
   §  5. NO AMENDMENT TO THE CONSTITUTION, AND NO STATUTE PROPOSED TO THE
 ELECTORS BY THE LEGISLATURE OR BY INITIATIVE, THAT NAMES ANY  INDIVIDUAL
 TO  HOLD  ANY  OFFICE, OR NAMES OR IDENTIFIES ANY PRIVATE CORPORATION TO
 PERFORM ANY FUNCTION OR TO HAVE ANY POWER OR DUTY, MAY BE  SUBMITTED  TO
 THE ELECTORS OR HAVE ANY EFFECT.
   §  6.  RECALL IS THE POWER OF THE ELECTORS TO REMOVE AN ELECTIVE OFFI-
 CER.
   § 7. 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 ONE HUNDRED SIXTY DAYS TO FILE
 SIGNED PETITIONS.
   2. A PETITION TO RECALL A STATEWIDE OFFICER MUST BE SIGNED BY ELECTORS
 EQUAL  IN NUMBER TO TWELVE 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, MEMBERS OF THE ASSEMBLY, AND  JUDGES  OF  SUPREME  COURTS  AND
 TRIAL  COURTS  MUST  EQUAL IN NUMBER TWENTY PERCENT OF THE LAST VOTE FOR
 THE OFFICE.
   3. THE SECRETARY OF STATE SHALL MAINTAIN A  CONTINUOUS  COUNT  OF  THE
 SIGNATURES CERTIFIED TO THAT OFFICE.
   §  8. 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.
   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.
   § 9. THE  LEGISLATURE  SHALL  PROVIDE  FOR  CIRCULATION,  FILING,  AND
 CERTIFICATION  OF  PETITIONS,  NOMINATION  OF CANDIDATES, AND THE RECALL
 ELECTION.
   § 10. IF 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.
   § 11. 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.
   § 12. THE LEGISLATURE SHALL PROVIDE FOR RECALL OF LOCAL OFFICERS. THIS
 SECTION  DOES  NOT AFFECT COUNTIES AND CITIES WHOSE CHARTERS PROVIDE FOR
 RECALL.
   § 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.