Bill Text: NY A10340 | 2019-2020 | General Assembly | Amended


Bill Title: Requires electors to vote for the presidential and vice presidential candidate who received the highest number of votes in the state.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Engrossed - Dead) 2020-07-23 - ordered to third reading rules cal.327 [A10340 Detail]

Download: New_York-2019-A10340-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                        10340--B

                   IN ASSEMBLY

                                     April 29, 2020
                                       ___________

        Introduced by M. of A. JACOBSON -- read once and referred to the Commit-
          tee  on  Election  Law  -- committee discharged, bill amended, ordered
          reprinted as amended  and  recommitted  to  said  committee  --  again
          reported  from  said  committee  with amendments, ordered reprinted as
          amended and recommitted to said committee

        AN ACT to amend the election law, in relation to requiring  electors  to
          vote for the presidential and vice presidential candidate who received
          the highest number of votes in the state; and providing for the repeal
          of such provisions upon expiration thereof

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Section 12-106 of the election law is amended  to  read  as
     2  follows:
     3    §  12-106.  Electoral  college;  vote of the electors.  1. Immediately
     4  after the organization of the electoral college, the electors shall then
     5  and there vote by ballot for president and vice president, but no  elec-
     6  tor shall vote for more than one person who is a resident of this state.
     7  They  shall  name in separate ballots the persons voted for as president
     8  and vice president. They shall make and sign six certificates of all the
     9  votes given by them,  each  of  which  certificates  shall  contain  two
    10  distinct  lists, one with the votes for president and one with the votes
    11  for vice president. There shall be annexed to each of  the  certificates
    12  one  of the lists of electors which shall have been furnished to them by
    13  the state board of elections. They shall seal  up  the  certificates  so
    14  made and certify upon each that the lists of all the votes of this state
    15  given for president and vice president are contained therein.
    16    2. Notwithstanding any other section of law besides title four of this
    17  article,  each  elector  shall  cast his or her ballot for president and
    18  vice president for the candidates for these  offices  who  received  the
    19  highest number of votes within the state. Refusal or failure to vote for
    20  the candidates for president and vice president who received the highest
    21  number of votes within the state shall constitute a resignation from the
    22  office  of  elector,  and  any  such  vote  by  an  elector shall not be
    23  recorded. The ballots used by the elector shall bear  the  name  of  the

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14309-13-0

        A. 10340--B                         2

     1  elector.  The  remaining  electors  shall  forthwith fill the vacancy in
     2  accordance with section 12-104 of this title. Nothing in  this  subdivi-
     3  sion  shall  be interpreted as modifying or repealing title four of this
     4  article,  the  agreement  among  the  states  to  elect the president by
     5  national popular vote.
     6    § 2. This act shall take effect immediately and  shall  apply  to  all
     7  electors  for  all  elections occurring on and after such date and shall
     8  expire and be deemed repealed January 21, 2021.
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