Bill Text: NY A02284 | 2025-2026 | General Assembly | Introduced

New York Assembly Bill 2284

Introduced

Bill Title: Provides for recall; empowers the electors with the ability to remove elective officers.

Spectrum: Partisan Bill (Republican 17-0)

Status: (Introduced) 2025-02-05 - opinion referred to judiciary [A02284 Detail]

Download: New_York-2025-A02284-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________

                                          2284

                               2025-2026 Regular Sessions

                   IN ASSEMBLY

                                    January 16, 2025
                                       ___________

        Introduced by M. of A. SMULLEN, TAGUE, ANGELINO, DiPIETRO, HAWLEY, McDO-
          NOUGH,  DeSTEFANO,  MANKTELOW,  PALMESANO,  GIGLIO,  MILLER,  MIKULIN,
          K. BROWN, 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

     1    Section 1. Resolved (if the Senate concur), That  article  20  of  the
     2  constitution  be  renumbered article 21 and a new article 20 be added to
     3  read as follows:
     4                                 ARTICLE XX
     5                                   RECALL
     6    Section 1.  Recall is the power of the electors to remove an  elective
     7  officer.
     8    §  2.  1.  Recall of a state officer is initiated by delivering to the
     9  secretary of state a petition alleging reason for recall. Sufficiency of
    10  reason is not reviewable. Proponents have one hundred sixty days to file
    11  signed petitions.
    12    2. A petition to recall a statewide officer must be signed by electors
    13  equal in number to twelve percent of the last vote for the office,  with
    14  signatures  from each of five counties equal in number to one percent of
    15  the last vote for the office in the county.
    16    3. The secretary of state shall maintain a  continuous  count  of  the
    17  signatures certified to that office.
    18    §  3. 1. An election to determine whether to recall an officer and, if
    19  appropriate, to elect a successor shall be called by  the  governor  and
    20  held not less than sixty days nor more than eighty days from the date of
    21  certification of sufficient signatures.
    22    2.  A  recall election may be conducted within one hundred eighty days
    23  from the date of certification of sufficient signatures  in  order  that
    24  the  election  may  be  consolidated  with  the next regularly scheduled
    25  election occurring wholly or partially within the same  jurisdiction  in

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD89019-01-5

        A. 2284                             2

     1  which  the  recall election is held, if the number of voters eligible to
     2  vote at that next regularly scheduled  election  equal  at  least  fifty
     3  percent of all the voters eligible to vote at the recall election.
     4    3.  If  the majority vote on the question is to recall, the officer is
     5  removed and, if there is a  candidate,  the  candidate  who  receives  a
     6  plurality  is  the  successor.  The  officer may not be a candidate, nor
     7  shall there be any candidacy for an office filed pursuant to section two
     8  of article six.
     9    § 4. The  legislature  shall  provide  for  circulation,  filing,  and
    10  certification  of  petitions,  nomination  of candidates, and the recall
    11  election.
    12    § 5. If recall of the governor or secretary of state is initiated, the
    13  recall duties of that office shall be performed by the lieutenant gover-
    14  nor or comptroller, respectively.
    15    § 6. A state officer who is not recalled shall be  reimbursed  by  the
    16  state  for the officer's recall election expenses legally and personally
    17  incurred. Another recall may not be initiated against the officer  until
    18  six months after the election.
    19    §  7. The legislature shall provide for recall of local officers. This
    20  section does not affect counties and cities whose charters  provide  for
    21  recall.
    22    §  2. Resolved (if the Senate concur), That the foregoing amendment be
    23  referred to the first regular legislative session  convening  after  the
    24  next  succeeding  general  election  of members of the assembly, and, in
    25  conformity with  section  1  of  article  19  of  the  constitution,  be
    26  published for 3 months previous to the time of such election.