NY State Senate Bill 2025-S6591

Current Bill Status - In Senate Committee Judiciary Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 24, 2025	opinion referred to judiciary
Mar 19, 2025	to attorney-general for opinion
Mar 18, 2025	referred to judiciary

2025-S6591 (ACTIVE) - Details

See Assembly Version of this Bill:: A5263
Current Committee:: Senate Judiciary
Law Section:: Constitution, Concurrent Resolutions to Amend
Laws Affected:: Ren Art 20 to be Art 21, add Art 20 §§1 - 7, Constn
Versions Introduced in Other Legislative Sessions:: 2021-2022: A7118
2023-2024: A3937

2025-S6591 (ACTIVE) - Summary

Provides for recall of a statewide elective officer; empowers the citizens with the ability to remove elective officers.

2025-S6591 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S6591

SPONSOR: TEDISCO
 
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
recall of a statewide elective officer

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill adds a new Article 20 to the New York State Constitution to
allow for the recall of statewide elective officers, which include the
governor, lieutenant governor, comptroller, and attorney general.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one of new Article 20 identifies recall as the power of citizens
to remove a statewide elective officer.

Section two allows a registered voter to initiate a recall by filing an
affidavit with the State Board of Elections of one's intent to initiate

a recall of a statewide officer. Requires a petition for a statewide
officer-to be signed by at least twelve percent of the total vote for
the office in the previous election, with at least two thousand signa-
tures from each of the state's congressional districts.  Also, grants
proponents one hundred twenty days to file signed petitions.

Section three requires a recall election to be held not less than seven-
ty days nor more than eighty days from the date of certification of
signatures, or it may be conducted within one hundred eighty days of the
certification of signatures in order to be consolidated with the next
general election. Requires a statewide officer to be removed by a major-
ity vote and the candidate (if any) receiving a plurality vote is the
successor. Also, prohibits the recalled statewide officer from being a
candidate.

Section four requires the lieutenant governor to perform the recall
duties of the office if a recall of the governor is initiated.

Section five requires the legislature to provide for circulation,
filing, and certification of petitions, nomination of candidates, and
the recall election.

Section six prohibits a statewide officer who is not recalled from being
reimbursed by the state for the officer's recall election expenses
legally and personally incurred. Also, prohibits another recall from
being initiated against the statewide officer until six months after the
recall.

Section seven requires costs incurred by county boards of elections for
operating the recall election to be reimbursed through the State General
Fund.

 
JUSTIFICATION:

Recall is a procedure by which voters can remove an elective officer
from office through a direct vote, before his or her term has expired.
The process is initiated by a sufficient number of voters signing a
petition. Next, an election is held, and the officer is removed upon a
majority vote and the candidate receiving a plurality vote becomes the
successor.

Recall is not currently allowed in New York for the removal of elected
officials. Therefore, a constitutional amendment is necessary to estab-
lish a recall process for all statewide elective officers. The adoption
of recall would grant voters a means to retain control over statewide
elective officers who are not representing the best interests of New
Yorkers, or who are unresponsive, incompetent, or corrupt.

 
PRIOR LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

Additional administrative costs to be paid by the State General Fund.

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

2025-S6591 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6591
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                              March 18, 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 a statewide 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 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 THE
 VOTER'S INTENT TO INITIATE A RECALL OF A STATEWIDE  OFFICER.  INTENT  TO
 INITIATE  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.
   §  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD89088-01-5
 S. 6591                             2
 
 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 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 S6591

Sponsored By

Current Bill Status - In Senate Committee Judiciary Committee

2025-S6591 (ACTIVE) - Details

2025-S6591 (ACTIVE) - Summary

2025-S6591 (ACTIVE) - Sponsor Memo

2025-S6591 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S6591

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Sponsored By

James Tedisco

Current Bill Status - In Senate Committee Judiciary Committee

2025-S6591 (ACTIVE) - Details

2025-S6591 (ACTIVE) - Summary

2025-S6591 (ACTIVE) - Sponsor Memo

2025-S6591 (ACTIVE) - Bill Text download pdf

Comments