NY State Senate Bill 2021-S6759

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
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Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 01, 2022	opinion referred to judiciary
Jan 28, 2022	to attorney-general for opinion
Jan 05, 2022	referred to judiciary
Jun 11, 2021	opinion referred to judiciary
May 21, 2021	to attorney-general for opinion
May 14, 2021	referred to judiciary

2021-S6759 (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 - 12, Constn
Versions Introduced in 2023-2024 Legislative Session:: S2607

2021-S6759 (ACTIVE) - Summary

Provides for initiative and referendum and recall; empowers the electors with the ability to propose statutes and amendments to the constitution, approve or reject statutes or parts of statutes, and remove elective officers.

2021-S6759 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S6759

SPONSOR: GRIFFO
 
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
initiative and referendum and recall

 
PURPOSE OR GENERAL IDEA OF BILL:

To foster greater participatory democracy in New York State by allowing
voters to: 1) place proposed laws on the ballot for New Yorkers to adopt
or reject ("initiative"); 2) place an already existing law on the ballot
for New Yorkers to reject or accept ("referendum"); and 3) place the
question of whether to remove and replace a public official on the
ballot ("recall").

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 and its implementing portions establish the use of initiative
in New York State. Initiative is defined as the power of elector to

propose statutes and constitutional amendments for approval or rejection
by the voters. In brief, the initiative measure is submitted by present-
ing a petition to the Secretary of State containing both wording of the
initiative for a statute and signatures of electors that constitute at
least 5% of the total votes cast for all gubernatorial candidates at the
last election for governor. If the petition's initiative measure
proposes a constitutional amendment, then the petition must have at
least 8% of the total votes cast in the last gubernatorial election. 2/3
of the voters in 2/3 of the counties of the State of New York must vote
to approve the measure in order for it to become law.

Section 2 and its implementing components authorize referendum in New
York. Referendum is described as the power of electors to approve or
reject statutes (or parts of statutes). This resolution prohibits refer-
endum from being employed in cases or urgency statutes (emergency legis-
lation), statutes calling elections and statutes authorizing tax levies
or appropriations for the state's current expenses. A referendum measure
shall be proposed by presenting to the secretary of state, within ninety
(90) days after the statute to be affected by the proposed referendum
has become effective, a petition signed by at least 5% of the total
votes cast for gubernatorial candidates in the last election for gover-
nor. If an initiative or referendum measure is approved by a majority of
votes, it takes effect the day After the election unless the measure
states otherwise. In the event provisions of two or more measures
approved at the same election conflict, those provisions of the measure
receiving the greater number of affirmative votes shall govern.  Similar
to initiative, referendum votes must attain an approval from 2/3 of the
voters in 2/3 of the counties of the State of New York in order for the
measure to pass. This resolution also permits cities or counties to
exercise initiative and referendum powers.

Section 6 and its ancillary sections authorize the use of recall in New
York State for all statewide elected officers, state senators, assembly
members, supreme court judges, and trial court judges.  Recall author-
izes electors to remove an elective officer. If electors seek to recall
a statewide officer, then the petition must be signed by ate least 12%
of the last vote for the particular office. Recall of a state senator,
assembly member, and supreme and trial court judges shall require signa-
tures equal to at least 20% of the prior vote for the office.

 
JUSTIFICATION:

New York State is facing several policy challenges in a very difficult
fiscal climate. While few people would disagree with the common sense
proposition that it is best to confront such challenges by turning to as
many people as possible to either propose new legislation or amend
existing legislation, New York continues to lag behind more progressive
states by failing to enact initiative and referendum ("I and R"). I and
R would engage all New Yorkers by allowing them to propose new laws
"Initiative") or alter existing ones ("Referendum") and, if they obtain
the requisite support from their fellow New Yorkers, place I and R meas-
ures on the ballot at elections for all New Yorkers to consider I and R.
I and R, at its heart, is the means to ensure real popular control of
public affairs. Since it is the New York populace that is affected by
laws enacted in the Legislature, why shouldn't this same populace enjoy
the right to approve or reject laws that a significant majority of New
York voters choose to approve or reject? This resolution would help
ensure the popular control of public affairs by New York citizens
through authorizing I and R.  However, there are safeguards in the
resolution to ensure that an excessive number of measures do not get on
the ballot. There are additional safeguards to prevent the imposition of
the will of one particular region of the state on others.

As for recall, the basis for this procedure is the well-accepted maxim
that voters should retain the right of control over their elected offi-
cials. No one would seriously dispute that a candidate for public office
may be elected for several reasons and some of the reasons may bear very
little relation to the candidate's ability to perform public duties
effectively. Recall recognizes this by acknowledging that if people can
be elected to public office for non-job related reasons, they can also
be removed from office for a variety of reasons. Another strong argument
for establishing I and R and recall in New York is as an important check
on the power of special interests in the state. Twenty-four states pres-
ently allow citizen initiative measures of some type. As for the argu-
ment that I and R and recall can be abused for frivolous reasons or
proposal, it must be kept in mind that the voters can reject any measure
they are unsure of and, in fact, one could argue that the voters should
be trusted to act in the public interest. In sum, direct democracy meas-
ures such as I and R and recall can empower New York's citizens whenever
their elected officials ignore their concerns.

 
PRIOR LEGISLATIVE HISTORY:

This bill was first introduced in the 2011-12 session

 
FISCAL IMPLICATIONS:

Possibly slightly increased administrative costs.

 
EFFECTIVE DATE:
Upon passage by two separately elected Legislatures and approval by the
voters after such passage.

2021-S6759 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6759
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               May 14, 2021
                                ___________
 
 Introduced  by  Sen.  GRIFFO -- read twice and ordered printed, 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 initiative and referendum and 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
                   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 SHALL BE APPROVED ONLY WHEN TWO-THIRDS OF ALL
 ELECTORS IN TWO-THIRDS OF ALL COUNTIES IN THE STATE VOTE TO APPROVE SUCH
 MEASURE.
   5.  AN  INITIATIVE  MEASURE EMBRACING MORE THAN ONE SUBJECT MAY NOT BE
 SUBMITTED TO THE ELECTORS OR HAVE ANY EFFECT.
   6. 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,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD89141-01-1

 S. 6759                             2
 
 OR BASED UPON THE CASTING OF A SPECIFIED PERCENTAGE OF VOTES IN FAVOR OF
 THE MEASURE, BY THE ELECTORS OF THAT POLITICAL SUBDIVISION.
   7.  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 URGENCY STATUTES, STATUTES
 CALLING ELECTIONS, AND STATUTES PROVIDING FOR TAX  LEVIES  OR  APPROPRI-
 ATIONS 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 SHALL BE APPROVED BY A
 VOTE OF TWO-THIRDS OF THE VOTERS IN TWO-THIRDS OF THE  COUNTIES  OF  THE
 STATE  AND SHALL TAKE EFFECT THE DAY AFTER THE ELECTION UNLESS THE MEAS-
 URE 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

 S. 6759                             3
 
 BECOME LAW DEPENDING UPON THE CASTING OF A SPECIFIED PERCENTAGE OF VOTES
 FOR OR AGAINST THE MEASURE.
   §  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 IS INITIATED,  THE  RECALL  DUTIES  OF
 THAT OFFICE SHALL BE PERFORMED BY THE LIEUTENANT GOVERNOR.
   §  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 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 S6759

Sponsored By

Archive: Last Bill Status - In Senate Committee Judiciary Committee

2021-S6759 (ACTIVE) - Details

2021-S6759 (ACTIVE) - Summary

2021-S6759 (ACTIVE) - Sponsor Memo

2021-S6759 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S6759

Share this bill

Sponsored By

Joseph A. Griffo

Archive: Last Bill Status - In Senate Committee Judiciary Committee

2021-S6759 (ACTIVE) - Details

2021-S6759 (ACTIVE) - Summary

2021-S6759 (ACTIVE) - Sponsor Memo

2021-S6759 (ACTIVE) - Bill Text download pdf

Comments