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Old February 18, 2013, 05:13 PM   #1
TPAW
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What about a recall vote?

A recall election (also called a recall referendum or representative recall) is a procedure by which voters can remove an elected official from office through a direct vote before his or her term has ended. Recalls, which are initiated when sufficient voters sign a petition, have a history dating back to the ancient Athenian democracy[1] and are a feature of several contemporary constitutions.

Is it possible? Can it be done in NYS?
I think we have enough voters to get Cuomo out
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Old February 18, 2013, 05:24 PM   #2
carguychris
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I suggest editing the subject line to clarify that your question is NY-specific.

The answer typically depends on what the state constitution specifies. In some states, a gubernatorial recall can be done by popular vote, but AFAIK it more commonly requires action by the state legislature.

I am totally unfamiliar with NY state constitutional law in this regard.
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Old February 18, 2013, 05:26 PM   #3
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Generically, didn't it just happen in California not too long ago?
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Old February 18, 2013, 05:30 PM   #4
Glenn E. Meyer
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Please contribute IF you know the specifics of NYS law.

Also, Cuomo still has high support in the state - he did lose the outside of NYC areas, I heard.

If you start something that doesn't work and fails - you give him a triumph.

Vote him out. Vote out your legislature.
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Old February 18, 2013, 05:32 PM   #5
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Sorry NY State does NOT have any provision to allow for a recall! Not surprising! A state constitutional amendment would be needed.
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Old February 18, 2013, 05:44 PM   #6
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Thanks - no more to be said. I won't close it but I think the lady in the Opera Horned Hat sung on this one.
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Old February 18, 2013, 06:08 PM   #7
TPAW
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Uncle Willey States:

Quote:
Sorry NY State does NOT have any provision to allow for a recall!
Not surprising! A state constitutional amendment would be needed.
If you can document your statement by providing official evidence, we can close this out.
Thank you
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Old February 18, 2013, 07:06 PM   #8
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Prove there is NOT a statute allowing for recall votes? By linking the entirety of New York State Revised Codes, or whatever they call their collection of state laws?
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Old February 18, 2013, 07:27 PM   #9
Glenn E. Meyer
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Closed

-- If someone finds the law that allows recalls, PM me and I'll open it.

GEM
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Old February 19, 2013, 10:08 AM   #10
Glenn E. Meyer
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I thank Vanya and UncleWiley for supplying the following:

Quote:
NY recall thread
Glenn,

You closed the thread before I could post the following information, to the effect that the answer to the question is no. Dunno if it's worth reopening for this, but there were people who wanted chapter and verse, so... I'll leave it to your judgment. Bung this into your closing post if you want.
....................
Several bills to amend the NY state constitution to allow recall of elected officials were introduced in 2011. None made it out of committee. (ballotpedia.org)

From the text of one of these bills (S5190-2011):
JUSTIFICATION:
Unlike 18 other states in the nation, there is no recall system for voters in New York State to remove an elected official. The power to remove an elected official rests solely with the Governor.

I was surprised to learn that only 19 states allow recall of state officials. D.C. does, also, and Virginia has something similar, but it involves petitions and a trial.

-- Vanya


Quote:
NY Recall Elections
Here is some info on NY Recall Elections from Ballot Pedia

As of July 2011, recall of elected officials is not available in New York.

State senator John DeFrancisco introduced S#5516 on May 27, 2011. S #5516 would allow the recall of elected officials at every level of government in the state.[1]

DeFrancisco's bill was introduced because of ongoing turmoil within the Jordan-Elbridge school district.
Other bills that would allow the recall of elected officials were also introduced in the 2011 session of the New York State Legislature. They are
Brian Kolb (R-Canandaigua) introduced S #6526, saying, "It’s a vehicle to restore confidence."[1]
James Tedisco introduced #1493 in the New York State Assembly on January 20, 2011, while Joseph Griffo introduced a companion measure, S #2453 in the New York State Senate on January 21, 2011.
Tony Avella introduced #5190 on May 3, 2011.

Also see Recall of State Officials listing of 19 states that allow recall elections. NY is NOT one of the 19.
Thanks - UncleWiley

That's the way it should be done. Find the info and PM me as I asked. Thanks.

Glenn
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Old February 19, 2013, 11:21 AM   #11
TPAW
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I wish to thank Vanya and UncleWiley for the time and effort it took in securing their information and posting same.
Have a good day.
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Old February 19, 2013, 01:27 PM   #12
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Quote:
If you start something that doesn't work and fails - you give him a triumph.
Recalls seem somewhat satisfying on an emotional level, but there have only ever been two successful recalls against governors in this country. One was in 1921, and the other in 2003.

Consider the mess in Wisconsin in 2011. It takes a huge groundswell of public support and a great deal of outside money to make one work. Do we have that in New York?
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Old February 19, 2013, 07:07 PM   #13
Glenn E. Meyer
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No - you don't. Tremendous financial resources exist inside NY and from without to fight a recall.
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