New York A 5664: Relates to removing citizenship as a qualification for holding public office

Bill Text

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A05664 Summary:

BILL NOA05664 

&nbsp

SAME ASSAME AS S03025

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SPONSORBarclay

&nbsp

COSPNSR

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MLTSPNSR

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Ren Art 20 to be Art 21, add Art 20 §§1 - 4, Constn

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Provides for the recall of a district attorney.

Go to top A05664 Actions:

BILL NOA05664 

&nbsp

02/19/2025referred to governmental operations

02/21/2025to attorney-general for opinion

03/06/2025opinion referred to judiciary

01/07/2026referred to governmental operations

01/08/2026to attorney-general for opinion

01/30/2026opinion referred to judiciary

Go to topA05664 Committee&nbspVotes:

Go to topA05664 Floor&nbspVotes:

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

Go to topA05664 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 5664

 2025-2026 Regular Sessions

 IN ASSEMBLY

 February 19, 2025
 ___________

 Introduced by M. of A. BARCLAY -- read once and referred to the Commit-
 tee 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 the recall of a district attorney

 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 of a District Attorney
 6 Section 1. Recall is the power of the electors to remove an elective
 7 officer.
 8 § 2. 1. Recall of a district attorney is initiated by delivering to
 9 the state board of elections a petition alleging reason for recall.
 10 Sufficiency of reason is not reviewable. Proponents have one hundred
 11 sixty days to file signed petitions.
 12 2. A petition to recall a district attorney must be signed by electors
 13 within the county the district attorney shall have been elected or
 14 appointed equal in number to twenty percent of the last vote for the
 15 office.
 16 3. The state board of elections shall maintain a continuous count of
 17 the signatures certified to that office.
 18 § 3. 1. An election to determine whether to recall a district attorney
 19 and, if appropriate, to elect a successor shall be called by the gover-
 20 nor and held not less than sixty days nor more than eighty days from the
 21 date of 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
 26 which the recall election is held, if the number of voters eligible to

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD89060-01-5

 A. 5664 2

 1 vote at that next regularly scheduled election equal at least fifty
 2 percent of all the voters eligible to vote at the recall election.
 3 3. If the majority vote on the question is to recall, the district
 4 attorney is removed and, if there is a candidate, the candidate who
 5 receives a plurality is the successor. The district attorney may not be
 6 a candidate.
 7 § 4. A district attorney who is not recalled shall be reimbursed by
 8 the state for the district attorney's recall election expenses legally
 9 and personally incurred. Another recall may not be initiated against
 10 the district attorney until six months after the election.
 11 § 2. Resolved (if the Senate concur), That the foregoing amendment be
 12 referred to the first regular legislative session convening after the
 13 next succeeding general election of members of the assembly, and, in
 14 conformity with section 1 of article 19 of the constitution, be
 15 published for 3 months previous to the time of such election.

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