S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    475
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced  by  Sen. TEDISCO -- 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 recall of an elective officer
 
   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. RECALL IS THE POWER OF CITIZENS TO REMOVE AN ELECTIVE OFFI-
 CER.
   §  2.  A. RECALL OF A STATE OFFICER IS INITIATED BY A REGISTERED VOTER
 REGISTERING SUCH VOTER'S INTENT TO INITIATE A RECALL OF A STATE  OFFICER
 WITH  THE  STATE  BOARD  OF ELECTIONS. INTENT TO INITIATE A RECALL SHALL
 INCLUDE A REASON FOR RECALL. SUFFICIENCY OF REASON  IS  NOT  REVIEWABLE.
 PROPONENTS  HAVE  NINETY  DAYS  FROM  THE  REGISTERING OF INTENT TO FILE
 SUFFICIENT PETITIONS.
   B. A PETITION TO RECALL A STATEWIDE OFFICER SHALL BE  SUFFICIENT  WHEN
 SIGNED  BY  REGISTERED VOTERS EQUAL IN NUMBER TO AT LEAST TWENTY PERCENT
 OF THE TOTAL NUMBER OF VOTERS TO VOTE IN THE PREVIOUS ELECTION  FOR  THE
 OFFICE, WITH SIGNATURES FROM EACH OF THE COUNTIES WITHIN THE STATE EQUAL
 IN  NUMBER TO AT LEAST ONE PERCENT OF THE TOTAL NUMBER OF VOTERS TO VOTE
 IN THE PREVIOUS ELECTION FOR THE OFFICE IN THE  COUNTY.  A  PETITION  TO
 RECALL  SENATORS  AND  MEMBERS  OF THE ASSEMBLY SHALL BE SUFFICIENT WHEN
 SIGNED BY REGISTERED VOTERS EQUAL IN NUMBER TO AT LEAST  TWENTY  PERCENT
 OF  THE  TOTAL NUMBER OF VOTERS TO VOTE IN THE PREVIOUS ELECTION FOR THE
 OFFICE IN THE SENATE OR ASSEMBLY DISTRICT. THERE SHALL BE NO ABILITY  TO
 RECALL  OFFICERS  SERVING  IN  THE OFFICE OF JUDGE. SUFFICIENT PETITIONS
 SHALL BE CERTIFIED BY THE STATE BOARD OF ELECTIONS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD89010-01-5
 S. 475                              2
 
   C. THE STATE BOARD OF ELECTIONS SHALL MAINTAIN A CONTINUOUS  COUNT  OF
 THE SIGNATURES CERTIFIED TO THAT OFFICE.
   § 3. A. AN ELECTION TO DETERMINE WHETHER TO RECALL AN OFFICER SHALL BE
 HELD  NO  LESS THAN SEVENTY DAYS NOR MORE THAN NINETY DAYS FROM THE DATE
 OF CERTIFICATION OF SUFFICIENT SIGNATURES.
   B. IF THE MAJORITY OF VOTERS VOTE IN FAVOR OF RECALL, THE  OFFICER  IS
 REMOVED.  IN  THE  FOLLOWING SPECIAL ELECTION TO FILL THE VACANCY OF THE
 RECALLED OFFICER, THE RECALLED OFFICER MAY NOT BE A CANDIDATE, NOR SHALL
 THERE BE ANY CANDIDACY FOR AN OFFICE FILLED PURSUANT TO SECTION  TWO  OF
 ARTICLE SIX OF THIS CONSTITUTION.
   C. UPON THE RECALL OF A STATE OFFICER IN THE OFFICE OF STATE SENATE OR
 STATE  ASSEMBLY,  A  SPECIAL ELECTION SHALL BE CALLED BY THE GOVERNOR TO
 FILL THE VACANCY OF A STATE SENATE OR STATE ASSEMBLY DISTRICT.
   § 4. IF RECALL OF THE GOVERNOR IS ENACTED, THE DUTIES  OF  THE  OFFICE
 SHALL BE PERFORMED BY THE LIEUTENANT GOVERNOR. IF RECALL OF THE LIEUTEN-
 ANT  GOVERNOR IS ENACTED, THE DUTIES OF THE LIEUTENANT GOVERNOR SHALL BE
 PERFORMED BY THE TEMPORARY PRESIDENT OF THE SENATE.  IF  RECALL  OF  THE
 ATTORNEY  GENERAL  OR  COMPTROLLER  IS  ENACTED,  THE OFFICE OF ATTORNEY
 GENERAL OR COMPTROLLER SHALL BE FILLED PURSUANT TO SECTION FORTY-ONE  OF
 ARTICLE THREE OF THE PUBLIC OFFICERS LAW.
   §  5.  A  STATE 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
 OFFICER UNTIL SIX MONTHS AFTER THE RECALL.
   § 6. COSTS INCURRED BY THE COUNTY BOARD OF ELECTIONS FOR OPERATING THE
 RECALL AND THE SPECIAL ELECTION SHALL BE REIMBURSED THROUGH THE  GENERAL
 FUND OF NEW YORK STATE.
   §  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.