Laws governing recall in New York
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| Recall laws |
| Recall analysis |
Recall of elected officials is not permitted in New York.
While recall elections do not occur, the New York Constitution states, "Any town, village, improvement district or fire district officer, except a justice of the peace, may be removed from office by the supreme court for any misconduct, maladministration, malfeasance or malversation in office." Any citizen within the officeholder's district may submit an application for removal to the local branch of the appellate division of the supreme court.[1]
Background
- See also: Recall (political)
Thirty-nine states allow recalls of public officials at the local level. Nineteen of those also allow recalls of state officials. Eleven states do not allow recalls of public officials.
Proposed legislation
| Can you recall a federal official? | |
| The U.S. Constitution does not provide for recall of any elected federal official. Although some state constitutions have stated that their citizens have the right to recall members of the U.S. Congress, the U.S. Supreme Court has not ruled on whether this is constitutional at the federal level. Read Ballotpedia's explanation » | |
This section provides a sample of proposed legislation that would have, if enacted, provided for the recall of state officers. This is not a comprehensive list. If you are aware of a bill that should be included here, please email us.
2016
New York Assemblyman Luis Sepulveda (D) and Senator Tony Avella (D) introduced a bill to allow for the recall of judicial officeholders and elected members of state and local government. Under the proposed bill, 10 percent of voters would have needed to sign a recall petition to recall statewide officials; to recall local officials, 15 percent of local voters would have needed to sign a recall petition in order for a recall election to be called. The New York Constitution would have required an amendment in order for recall elections to take place.[2][3]
2013
The Assembly Republican Caucus of the New York State Assembly voiced support for legislation to create a mechanism for recall elections. The caucus' proposed legislation would have allowed recall elections if 20 percent of voters who participated in the election of that official signed a petition to remove him or her from office.[4]
2011
Senator John DeFrancisco (R) introduced SB 5516 on May 27, 2011. SB 5516 would have allowed the recall of elected officials at every level of government in the state.[5]
Other bills to allow the recall of elected officials were also introduced during the 2011 session of the New York State Legislature:
- Senator Brian Kolb (R) introduced SB 6526, saying, "It’s a vehicle to restore confidence."[5]
- AssemblyJames Tedisco (R) introduced AB 1493 in the New York State Assembly on January 20, 2011, while Senator Joseph Griffo (R) introduced a companion measure, SB 2453, in the New York State Senate on January 21, 2011.
- Senator Tony Avella (D) introduced SB 5190 on May 3, 2011.
See also
- Laws governing recall
- States that have pre-petition signature requirements for recalls
- States that require grounds for recalls
Footnotes
- ↑ The New York State Senate, "Article 3: Creation And Filling Of Vacancies - Section 36," accessed April 12, 2019
- ↑ New York Daily News, "Bipartisan group of New York politicians push to give voters recall power," January 11, 2019
- ↑ Press Connects, "Recall elections in NY? Some want to make it happen," January 11, 2016
- ↑ The Legislative Gazette, "Assembly GOP: Time is right to reconsider recall elections," April 29, 2013
- ↑ 5.0 5.1 Syracuse Post-Standard, "Prompted by turmoil in the Jordan-Elbridge school district, state senator introduces bill to allow recalls of elected officials," June 3, 2011
