STATE OF NEW YORK ________________________________________________________________________ 7009 2025-2026 Regular Sessions IN SENATE March 28, 2025 ___________ Introduced by Sen. GRIFFO -- 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 initiative and referendum and recall 1 Section 1. Resolved (if the Assembly 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 INITIATIVE AND REFERENDUM AND RECALL 6 Section 1. 1. The initiative is the power of the electors to propose 7 statutes and amendments to the constitution and to adopt or reject them. 8 2. An initiative measure may be proposed by presenting to the secre- 9 tary of state a petition that sets forth the text of the proposed stat- 10 ute or amendment to the constitution and is certified to have been 11 signed by electors equal in number to five percent in the case of a 12 statute, and eight percent in the case of an amendment to the constitu- 13 tion, of the votes for all candidates for governor at the last guberna- 14 torial election. 15 3. The secretary of state shall then submit the measure at the next 16 general election held at least one hundred thirty-one days after it 17 qualifies or at any special statewide election held prior to that gener- 18 al election. The governor may call a special statewide election for the 19 measure. 20 4. An initiative measure shall be approved only when two-thirds of all 21 electors in two-thirds of all counties in the state vote to approve such 22 measure. 23 5. An initiative measure embracing more than one subject may not be 24 submitted to the electors or have any effect. 25 6. An initiative measure shall not include or exclude any political 26 subdivision of the state from the application or effect of its 27 provisions based upon approval or disapproval of the initiative measure, EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD89075-01-5
S. 7009 2 1 or based upon the casting of a specified percentage of votes in favor of 2 the measure, by the electors of that political subdivision. 3 7. An initiative measure shall not contain alternative or cumulative 4 provisions wherein one or more of those provisions would become law 5 depending upon the casting of a specified percentage of votes for or 6 against the measure. 7 § 2. 1. The referendum is the power of the electors to approve or 8 reject statutes or parts of statutes except urgency statutes, statutes 9 calling elections, and statutes providing for tax levies or appropri- 10 ations for usual current expenses of the state. 11 2. A referendum measure may be proposed by presenting to the secretary 12 of state, within ninety days after the effective date of the statute, a 13 petition certified to have been signed by electors equal in number to 14 five percent of the votes for all candidates for governor at the last 15 gubernatorial election, asking that the statute or part of it be submit- 16 ted to the electors. In the case of a statute enacted by a bill passed 17 by the legislature on or before the date the legislature adjourns in the 18 second calendar year of the biennium of the legislative session, and in 19 the possession of the governor after that date, the petition may not be 20 presented on or after January first next following the effective date 21 unless a copy of the petition is submitted to the attorney general 22 pursuant to subdivision four of section three of this article before 23 January first. 24 3. The secretary of state shall then submit the measure at the next 25 general election held at least thirty-one days after it qualifies or at 26 a special statewide election held prior to that general election. The 27 governor may call a special statewide election for the measure. 28 § 3. 1. An initiative statute or referendum shall be approved by a 29 vote of two-thirds of the voters in two-thirds of the counties of the 30 state and shall take effect the day after the election unless the meas- 31 ure provides otherwise. If a referendum petition is filed against a part 32 of a statute the remainder shall not be delayed from going into effect. 33 2. If provisions of two or more measures approved at the same election 34 conflict, those of the measure receiving the highest affirmative vote 35 shall prevail. 36 3. The legislature may amend or repeal referendum statutes. It may 37 amend or repeal an initiative statute by another statute that becomes 38 effective only when approved by the electors unless the initiative stat- 39 ute permits amendment or repeal without their approval. 40 4. Prior to circulation of an initiative or referendum petition for 41 signatures, a copy shall be submitted to the attorney general who shall 42 prepare a title and summary of the measure as provided by law. 43 5. The legislature shall provide the manner in which petitions shall 44 be circulated, presented, and certified, and measures submitted to the 45 electors. 46 § 4. 1. Initiative and referendum powers may be exercised by the elec- 47 tors of each city or county under procedures that the legislature shall 48 provide. Except as provided in subdivisions two and three of this 49 section, this section does not affect a city having a charter. 50 2. A city or county initiative measure shall not include or exclude 51 any part of the city or county from the application or effect of its 52 provisions based upon approval or disapproval of the initiative measure, 53 or based upon the casting of a specified percentage of votes in favor of 54 the measure, by the electors of the city or county or any part thereof. 55 3. A city or county initiative measure shall not contain alternative 56 or cumulative provisions wherein one or more of those provisions would
S. 7009 3 1 become law depending upon the casting of a specified percentage of votes 2 for or against the measure. 3 § 5. No amendment to the constitution, and no statute proposed to the 4 electors by the legislature or by initiative, that names any individual 5 to hold any office, or names or identifies any private corporation to 6 perform any function or to have any power or duty, may be submitted to 7 the electors or have any effect. 8 § 6. Recall is the power of the electors to remove an elective offi- 9 cer. 10 § 7. 1. Recall of a state officer is initiated by delivering to the 11 secretary of state a petition alleging reason for recall. Sufficiency of 12 reason is not reviewable. Proponents have one hundred sixty days to file 13 signed petitions. 14 2. A petition to recall a statewide officer must be signed by electors 15 equal in number to twelve percent of the last vote for the office, with 16 signatures from each of five counties equal in number to one percent of 17 the last vote for the office in the county. Signatures to recall 18 senators, members of the assembly, and judges of supreme courts and 19 trial courts must equal in number twenty percent of the last vote for 20 the office. 21 3. The secretary of state shall maintain a continuous count of the 22 signatures certified to that office. 23 § 8. 1. An election to determine whether to recall an officer and, if 24 appropriate, to elect a successor shall be called by the governor and 25 held not less than sixty days nor more than eighty days from the date of 26 certification of sufficient signatures. 27 2. A recall election may be conducted within one hundred eighty days 28 from the date of certification of sufficient signatures in order that 29 the election may be consolidated with the next regularly scheduled 30 election occurring wholly or partially within the same jurisdiction in 31 which the recall election is held, if the number of voters eligible to 32 vote at that next regularly scheduled election equal at least fifty 33 percent of all the voters eligible to vote at the recall election. 34 3. If the majority vote on the question is to recall, the officer is 35 removed and, if there is a candidate, the candidate who receives a 36 plurality is the successor. The officer may not be a candidate, nor 37 shall there be any candidacy for an office filed pursuant to section two 38 of article six. 39 § 9. The legislature shall provide for circulation, filing, and 40 certification of petitions, nomination of candidates, and the recall 41 election. 42 § 10. If recall of the governor is initiated, the recall duties of 43 that office shall be performed by the lieutenant governor. 44 § 11. A state officer who is not recalled shall be reimbursed by the 45 state for the officer's recall election expenses legally and personally 46 incurred. Another recall may not be initiated against the officer until 47 six months after the election. 48 § 12. The legislature shall provide for recall of local officers. This 49 section does not affect counties and cities whose charters provide for 50 recall. 51 § 2. Resolved (if the Assembly concur), That the foregoing amendment 52 be referred to the first regular legislative session convening after the 53 next succeeding general election of members of the assembly, and, in 54 conformity with section 1 of article 19 of the constitution, be 55 published for 3 months previous to the time of such election.