Bill Text: NY S00438 | 2023-2024 | General Assembly | Introduced


Bill Title: Requires electors to vote for the presidential and vice presidential candidate who were nominated by the political party that nominated the presidential elector.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2023-09-20 - SIGNED CHAP.476 [S00438 Detail]

Download: New_York-2023-S00438-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                           438

                               2023-2024 Regular Sessions

                    IN SENATE

                                       (Prefiled)

                                     January 4, 2023
                                       ___________

        Introduced  by  Sen. SKOUFIS -- read twice and ordered printed, and when
          printed to be committed to the Committee on Elections

        AN ACT to amend the election law, in relation to requiring  electors  to
          vote  for  the  presidential  and vice presidential candidate who were
          nominated by the political party that nominated the presidential elec-
          tor

          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.  Immediately  after
     4  the  organization  of the electoral college, the electors shall then and
     5  there vote by ballot for president and vice president,  but  no  elector
     6  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    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  were  nominated
    19  by  the political party that nominated the presidential elector. Refusal
    20  or failure to vote for the candidates for president and  vice  president
    21  who  were  nominated by the political party that nominated the presiden-
    22  tial elector shall constitute a resignation from the office of  elector,

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02191-01-3

        S. 438                              2

     1  and  any such vote by an elector shall not be recorded. The ballots used
     2  by the elector shall bear the name of the elector. The  remaining  elec-
     3  tors  shall forthwith fill the vacancy in accordance with section 12-104
     4  of this title. Nothing in this subdivision shall be interpreted as modi-
     5  fying  or  repealing title four of this article, the agreement among the
     6  states to elect the president by national popular vote.
     7    § 2. This act shall take effect immediately.
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