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Bill > S03025


NY S03025

NY S03025
Provides for the recall of a district attorney.


summary

Introduced
01/23/2025
In Committee
02/05/2025
Crossed Over
Passed
Dead

Introduced Session

2025-2026 General Assembly

Bill Summary

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

AI Summary

This bill proposes adding a new constitutional article that establishes a recall process for district attorneys, allowing voters to remove an elected district attorney from office through a petition and election mechanism. Under the proposed law, recall can be initiated by filing a petition with the state board of elections alleging a reason for removal, which cannot be reviewed for sufficiency. Petition signers must represent 20% of the total votes cast in the last election for that office. If sufficient signatures are gathered within 160 days, the governor must call a recall election between 60 and 80 days after signature certification, with the option to consolidate the recall election with a regularly scheduled election if certain voter participation thresholds are met. If a majority votes to recall, the district attorney is removed, and a new candidate (excluding the recalled district attorney) can be elected by plurality. The recalled district attorney would be reimbursed for personal recall election expenses and cannot face another recall attempt for six months. This bill represents a significant expansion of voter oversight for elected prosecutorial positions by providing a direct mechanism for removing a district attorney before their term expires.

Committee Categories

Justice

Sponsors (1)

Last Action

OPINION REFERRED TO JUDICIARY (on 02/05/2025)

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