Article X, § 2 AMENDMENTS PROPOSED BUT NOT SUBMITTED TO THE PEOPLE 1. Civil service appointment of person highest on list § 2. [All county officers, whose election or appointment is not provided for by this constitution, shall be elected by the electors of the respective counties or appointed by the boards of supervisors, or other county authorities, as the legislature shall direct.] All city, town and village officers, whose election or appointment is not provided for by this constitution, shall be elected by the electors of such cities, towns and villages, or of some divisions thereof, or appointed by such authorities thereof as the legislature shall designate for that purpose. All other officers, whose election or appointment is not provided for by this constitution, and all officers, whose offices may hereafter be created by law, shall be elected by the people, or appointed, as the Legislature may direct.] All such appointments to all positions in the competitive class, as provided for in the civil service laws of the state, shall be made by appointing the one graded highest in open competitive examinations conducted in accordance with such laws, provided that no preference in appointment heretofore granted under the provisions of article five, section nine, shall be denied or abridged by the provisions of this section. Of those entitled to preference in appointment, as provided by article five, section nine, the one graded highest in open competitive examinations shall be appointed. 1908. A. No. 1384 (Int. 213). A. J. 75, 232, 806. 2. Appointment or election of city officers and county officers in city of New York — term removal (For proposed amendment to this and other sections regarding the appointment or election of city officers, and county officers in New York City, their term of office and manner of removal, see p. 335.) § 3. When the duration of any office is not provided by this Constitution, it may be declared by law, and if not so declared, such office shall be held during the pleasure of the authority making the appointment. AMENDMENT PROPOSED BUT NOT SUBMITTED TO THE PEOPLE 1. Initiative, referendum and recall (For proposed amendment to this and other sections providing for the initiative, the referendum, and the recall of elective officers, see p. 293.) Article X, § 6 § 4. The time of electing all officers named in this article shall be prescribed by law. AMENDMENT PROPOSED BUT NOT SUBMITTED TO THE PEOPLE 1. Appointment or election of city officers and county officers in city of New York-term — removal (For proposed amendment to this and other sections regarding the appointment or election of city officers, and county officers in the city of New York, their term of office and manner of removal, see p. 335.) § 6. The political year and legislative term shall begin on the first day of January; and the Legislature shall, every year, assemble on the first Wednesday in January. AMENDMENTS PROPOSED BUT NOT SUBMITTED TO THE PEOPLE 1. Biennial sessions of legislature 6. The political year and legislative term shall begin on the first day of January in each even numbered year; and the legislature shall [every year] assemble on the first Wednesday in January in each even numbered year. 1908. A. No. 1274 (Int. 1048). A. J. 664. § 6. The political year and legislative term shall begin on the first day of January; and the legislature shall [every year] assemble on the first Wednesday in January in each even numbered year. 1910. A. No. 2013 (Int. 1477). A. J. 1528, 3263, 3272, 3329, 3396. § 6. (Proposal to add the following:) and in each even numbered year, the legislative session shall not exceed the term of forty legislative days. 1910. A. No. 2503 (Int. 179). To S. A. J. 66, 1185, 2424, 2434, 3263, 3273, 3330, 3397, 3530, 3673. 2. Biennial sessions of legislature - United States deposit fund (For proposed amendment to this and other sections providing for biennial sessions of the legislature and regulating the use of the United States deposit fund for educational purposes, see p. 314.) 3. Biennial sessions of legislature-terms and apportionment of legislators (For proposed amendment to this and other sections providing for biennial sessions of the legislature and the apportionment of the members of the legislature, see p. 310.) Article X, § 6 4. Biennial sessions of legislature terms and salaries of legislators appropriations apportionment (For proposed amendment to this and other sections providing for biennial sessions of the legislature, changing the terms and salaries of members of the legislature and regulating the making of appropriations, see p. 311.) § 7. Provision shall be made by law for the removal for misconduct or malversation in office of all officers, except judicial, whose powers and duties are not local or legislative and who shall be elected at general elections, and also for supplying vacancies created by such removal. AMENDMENT PROPOSED BUT NOT SUBMITTED TO THE PEOPLE 1. Removal of officers for misconduct or malversation in office 7. Provision shall be made by law for the removal for misconduct or malversation in office of all officers, [except judicial whose power and duties are not local or legislative and who shall be elected at general elections,] whether elected or appointed and whether judicial, legislative or executive, whose compensation is paid by the state or by any political division thereof; and also for supplying vacancies created by such removal. 1912. A. No. 1617 (Int. 1374). A. J. 933. § 8. The Legislature may declare the cases in which any office shall be deemed vacant when no provision is made for that purpose in this Constitution. AMENDMENT PROPOSED BUT NOT SUBMITTED TO THE PEOPLE 1. Initiative, referendum and recall (For proposed amendment to this and other sections providing for the initiative, the referendum, and the recall of elective officers, see p. 293.) § 9. No officer whose salary is fixed by the Constitution shall receive any additional compensation. Each of the other state officers named in the Constitution shall, during his continuance in office, receive a compensation, to be fixed by law, which shall not be increased or diminished during the term for which he shall have been elected or appointed; nor shall he receive to his use any fees or perquisites of office or other compensation. Article X, § 10 AMENDMENTS PROPOSED BUT NOT SUBMITTED TO THE PEOPLE 1. Short ballot (For proposed amendments to this and other sections providing for the short ballot, see p. 322.) 2. Terms and salaries of members of legislature, governor and lieutenantgovernor short ballot (For proposed amendment to this and other sections changing the terms and salaries of the members of the legislature, governor and lieutenantgovernor and providing for the short ballot, see p. 319.) 3. Recall of elective officers § 10. (Proposal to add the following new section:) Every elective officer in the state of New York is subject, as herein provided, to recall from office by the legal voters of the state or of the electoral district from which he is elected. There shall be required fifty per centum, but not more, of the number of electors who voted in his district at the preceding election for governor to file their petition for the recall of an elective officer. They shall set forth in said petition the reasons for said demand. If he shall offer his resignation, it shall be accepted and take effect on the day it is filed, and the vacancy shall be filled as may be provided by law. If he shall not resign within five days after the petition is filed, a special election shall be ordered to be held within thirty days in his said electoral district to determine whether the people will recall said officer. He shall continue to perform the duties of his office until the result of said special election shall be officially declared. Other candidates for the office may be nominated in the manner provided by law to be voted for at said special election. The candidate who shall receive the highest number of votes shall be deemed elected for the remainder of the term, whether it be the person against whom the recall petition was filed, or another. The recall petition shall be filed with the officer with whom a certificate for nomination to such office should be filed, and the same officer or board shall order the special election when it is required. No such petition shall be filed against any officer until he has actually held office six months, except that it may be filed against a senator or member of the assembly at any time after thirty days from the beginning of the first session after his election. After one special election, no further recall petition shall be filed against the same officer during the term for which he was elected unless such further petitioners shall pay into the public treasury which has paid such special election expenses the whole amount of the expenses Article X, § 10 for the preceding special election. The signatures to such petition need not be appended to one paper, but each signer shall add to his signature, which shall be in his own handwriting, his place of residence, giving the street and number. One of the signers of each such paper shall make oath before an officer competent to administer oaths that each signature to the paper appended is the genuine signature of the person whose name purports to be thereunto subscribed. Such additional legislation as may aid the operation of this section shall be enacted by the legislature, including provision for payment out of the public treasury of the lawful special election campaign expenses of any such officer against whom a recall petition shall be filed. 8 10. Every elective officer in the state of New York is subject, as herein provided, to recall from office by the legal voters of the state or of the electoral district from which he is elected. There shall be required twenty-five per centum, but not more, of the number of electors who voted in his district at the preceding election for governor to file their petition for the recall of an elective officer. They shall set forth in said petition the reasons for said demand. If he shall offer his resignation, it shall be accepted and take effect on the day it is filed, and the vacancy shall be filled as may be provided by law. If he shall not resign within five days after the petition is filed, a special election shall be ordered to be held within thirty days in his said electoral district to determine whether the people will recall said officer. He shall continue to perform the duties of his office until the result of said special election shall be officially declared. Other candidates for the office may be nominated in the manner provided by law to be voted for at said special election. The candidate who shall receive the highest number of votes shall be deemed elected for the remainder of the term, whether it be the person against whom the recall petition was filed, or another. The recall petition shall be filed with the officer with whom a certificate for nomination to such office should be filed, and the same officer or board shall order the special election when it is required. No such petition shall be filed against any officer until he has actually held office six months, except that it may be filed against a senator or member of the assembly at any |