S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4748
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 23, 2023
                                ___________
 
 Introduced  by  M.  of  A.  SMULLEN,  TAGUE, ANGELINO, DiPIETRO, BYRNES,
   HAWLEY,   McDONOUGH,   DeSTEFANO,   MANKTELOW,   GOODELL,   PALMESANO,
   J. A. GIGLIO,  MILLER, K. BROWN, MIKULIN, MORINELLO, SMITH, SIMPSON --
   Multi-Sponsored by -- M.  of A. LEMONDES -- 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 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
                                  RECALL
   SECTION 1.  RECALL IS THE POWER OF THE ELECTORS TO REMOVE AN  ELECTIVE
 OFFICER.
   §  2.  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.
   3. THE SECRETARY OF STATE SHALL MAINTAIN A  CONTINUOUS  COUNT  OF  THE
 SIGNATURES CERTIFIED TO THAT OFFICE.
   §  3. 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD89029-01-3
 A. 4748                             2
 
 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.
   § 4. THE  LEGISLATURE  SHALL  PROVIDE  FOR  CIRCULATION,  FILING,  AND
 CERTIFICATION  OF  PETITIONS,  NOMINATION  OF CANDIDATES, AND THE RECALL
 ELECTION.
   § 5. IF RECALL OF THE GOVERNOR OR SECRETARY OF STATE IS INITIATED, THE
 RECALL DUTIES OF THAT OFFICE SHALL BE PERFORMED BY THE LIEUTENANT GOVER-
 NOR OR COMPTROLLER, RESPECTIVELY.
   § 6. 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.
   §  7. 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.