New York A 3136: Provides for the recall power of the electors to remove an elective officer

Bill Text

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A03136 Summary:

BILL NOA03136 

&nbsp

SAME ASSAME AS S00475

&nbsp

SPONSORSimpson

&nbsp

COSPNSRBendett

&nbsp

MLTSPNSR

&nbsp

Ren Art 20 to be Art 21, add Art 20 §§1 - 6, Constn

&nbsp

Provides for the recall power of the electors to remove an elective officer.

Go to top A03136 Actions:

BILL NOA03136 

&nbsp

01/23/2025referred to governmental operations

01/24/2025to attorney-general for opinion

02/05/2025opinion referred to judiciary

01/07/2026referred to governmental operations

01/08/2026to attorney-general for opinion

01/30/2026opinion referred to judiciary

Go to topA03136 Committee&nbspVotes:

Go to topA03136 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA03136 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 3136

 2025-2026 Regular Sessions

 IN ASSEMBLY

 January 23, 2025
 ___________

 Introduced by M. of A. SIMPSON, BENDETT -- read once and referred to the
 Committee on Governmental Operations

 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

 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 citizens to remove an elective offi-
 7 cer.
 8 § 2. a. Recall of a state officer is initiated by a registered voter
 9 registering such voter's intent to initiate a recall of a state officer
 10 with the state board of elections. Intent to initiate a recall shall
 11 include a reason for recall. Sufficiency of reason is not reviewable.
 12 Proponents have ninety days from the registering of intent to file
 13 sufficient petitions.
 14 b. A petition to recall a statewide officer shall be sufficient when
 15 signed by registered voters equal in number to at least twenty percent
 16 of the total number of voters to vote in the previous election for the
 17 office, with signatures from each of the counties within the state equal
 18 in number to at least one percent of the total number of voters to vote
 19 in the previous election for the office in the county. A petition to
 20 recall senators and members of the assembly shall be sufficient when
 21 signed by registered voters equal in number to at least twenty percent
 22 of the total number of voters to vote in the previous election for the
 23 office in the senate or assembly district. There shall be no ability to
 24 recall officers serving in the office of judge. Sufficient petitions
 25 shall be certified by the state board of elections.
 26 c. The state board of elections shall maintain a continuous count of
 27 the signatures certified to that office.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD89010-01-5

 A. 3136 2

 1 § 3. a. An election to determine whether to recall an officer shall be
 2 held no less than seventy days nor more than ninety days from the date
 3 of certification of sufficient signatures.
 4 b. If the majority of voters vote in favor of recall, the officer is
 5 removed. In the following special election to fill the vacancy of the
 6 recalled officer, the recalled officer may not be a candidate, nor shall
 7 there be any candidacy for an office filled pursuant to section two of
 8 article six of this constitution.
 9 c. Upon the recall of a state officer in the office of state senate or
 10 state assembly, a special election shall be called by the governor to
 11 fill the vacancy of a state senate or state assembly district.
 12 § 4. If recall of the governor is enacted, the duties of the office
 13 shall be performed by the lieutenant governor. If recall of the lieuten-
 14 ant governor is enacted, the duties of the lieutenant governor shall be
 15 performed by the temporary president of the senate. If recall of the
 16 attorney general or comptroller is enacted, the office of attorney
 17 general or comptroller shall be filled pursuant to section forty-one of
 18 article three of the public officers law.
 19 § 5. A state officer who is not recalled shall not be reimbursed by
 20 the state for the officer's