7 May 2021: Op-Ed - Amend NY State Constitution to Recall Governor

Commentary: Here's how a gubernatorial recall might work in New York

Although a majority of New York lawmakers have called for Governor Cuomo to leave office, Governor Cuomo has refused to resign, leaving them only the option of impeachment to remove the governor from power before the next statewide elections.

Under New York's state constitution, there are no means by which the people of New York might remove the state's governor through a recall election, as can be done in 19 other states, such as California. In this op-ed, SUNY political science professor Gerald Benjamin proposes amending New York's constitution to add that recourse:

... Specifics differ from state to state. But generally, a recall question is placed on the ballot by petition, with the number of signatures required to force a vote usually based on a percentage of the turnout in the last election for the office. The election of a replacement may be simultaneous, or at a following election. Of course, this process leaves out “peer review.”

A constitutional amendment might be adopted that adapts this recall procedure for removing a governor from office in New York, so that it includes both peer review and a popular vote. It would begin with the filing of a bill of particulars with the state Board of Elections signed by 50 of the state’s 545 elected state officials — governor, lieutenant governor, comptroller, attorney general, 150 Assembly members, 63 Senators and 328 Supreme Court judges. If a majority of all elected state officials (273) agreed to the need for a recall vote to remove the governor within 30 days of the circulation of this document by the board to them, the matter would be put before the electorate at a special election held within 60 days of the date of certification of this outcome by the board. If the governor were recalled, he or she would be removed and prohibited from running again for state or local public office. The lieutenant governor would become governor.

This proposal creates a role for a vote of confidence within the separation of powers system, while leaving determination of the ultimate professional fate of the governor with the voters who elected him or her.

As with JCOPE, New Yorkers are finding their options for holding public officials accountable for their actions are too limited or too ineffective to achieve that purpose under the established system. As long as Governor Cuomo remains in power with the ability to continue abusing it, more calls to significantly reform New York's system of government through amending the state constitution can be expected.