S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3937
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 8, 2023
                                ___________
 
 Introduced  by  M.  of  A.  TAGUE, GALLAHAN, DURSO, GANDOLFO, DeSTEFANO,
   PALMESANO, MANKTELOW, DiPIETRO, SMULLEN, LEMONDES  --  read  once  and
   referred to the Committee on Election Law
 
             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 a statewide 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 CITIZENS TO REMOVE A STATEWIDE ELEC-
 TIVE OFFICER. THESE INCLUDE THE OFFICES OF GOVERNOR,  LIEUTENANT  GOVER-
 NOR, COMPTROLLER, AND ATTORNEY GENERAL.
   §  2.  (A)  RECALL OF A STATEWIDE OFFICER IS INITIATED BY A REGISTERED
 VOTER FILING AN AFFIDAVIT WITH THE STATE BOARD OF ELECTIONS  OF  HIS  OR
 HER INTENT TO INITIATE A RECALL OF A STATEWIDE OFFICER. INTENT TO INITI-
 ATE A RECALL SHALL INCLUDE A REASON FOR RECALL. SUFFICIENCY OF REASON IS
 NOT  REVIEWABLE. PROPONENTS HAVE ONE HUNDRED TWENTY DAYS FROM THE FILING
 OF THE AFFIDAVIT OF INTENT TO FILE SUFFICIENT PETITIONS.  THE  AFFIDAVIT
 MAY  BE  FILED NO SOONER THAN SIX MONTHS AFTER THE BEGINNING OF THE TERM
 OF OFFICE.
   (B) A PETITION TO RECALL A STATEWIDE OFFICER SHALL BE SUFFICIENT  WHEN
 SIGNED  BY  REGISTERED VOTERS EQUAL IN NUMBER TO AT LEAST TWELVE PERCENT
 OF THE TOTAL VOTE FOR THE OFFICE IN THE PREVIOUS ELECTION, WITH AT LEAST
 TWO  THOUSAND  SIGNATURES  FROM  EACH  OF  THE   STATE'S   CONGRESSIONAL
 DISTRICTS.    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.
                                                            LBD89057-01-3
              

 A. 3937                             2
 
   §  3. (A) AN ELECTION TO DETERMINE WHETHER TO RECALL A STATEWIDE OFFI-
 CER AND, IF NECESSARY, TO ELECT A  SUCCESSOR  SHALL  BE  CALLED  BY  THE
 GOVERNOR  AND  HELD NOT LESS THAN SEVENTY DAYS NOR MORE THAN EIGHTY DAYS
 FROM THE DATE OF CERTIFICATION OF SUFFICIENT SIGNATURES.
   (B) NOTWITHSTANDING SUBDIVISION (A) OF THIS SECTION, A RECALL ELECTION
 MAY BE CONDUCTED WITHIN ONE HUNDRED EIGHTY DAYS FROM THE DATE OF CERTIF-
 ICATION  OF  SUFFICIENT  SIGNATURES  IN  ORDER  THAT THE ELECTION MAY BE
 CONSOLIDATED WITH THE NEXT GENERAL ELECTION.
   (C) IF THE MAJORITY OF VOTERS VOTE IN FAVOR OF RECALL,  THE  STATEWIDE
 OFFICER  IS  REMOVED,  AND,  IF  THERE IS A CANDIDATE, THE CANDIDATE WHO
 RECEIVES A PLURALITY IS  THE  SUCCESSOR.  THE  STATEWIDE  OFFICER  BEING
 RECALLED MAY NOT BE A CANDIDATE.
   § 4. IF RECALL OF THE GOVERNOR IS INITIATED, THE RECALL DUTIES OF THAT
 OFFICE SHALL BE PERFORMED BY THE LIEUTENANT GOVERNOR.
   §  5.  THE  LEGISLATURE  SHALL  PROVIDE  FOR  CIRCULATION, FILING, AND
 CERTIFICATION OF PETITIONS, NOMINATION OF  CANDIDATES,  AND  THE  RECALL
 ELECTION.
   §  6.  A STATEWIDE 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
 STATEWIDE OFFICER UNTIL SIX MONTHS AFTER THE RECALL.
   § 7. COSTS INCURRED BY COUNTY BOARDS OF ELECTIONS  FOR  OPERATING  THE
 RECALL ELECTION SHALL BE REIMBURSED THROUGH THE GENERAL FUND OF NEW YORK
 STATE.
   §  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.