Bill Text: NY S06886 | 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 5-0)

Status: (Engrossed - Dead) 2020-07-23 - ordered to third reading rules cal.327 [S06886 Detail]

Download: New_York-2019-S06886-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         6886--D

                               2019-2020 Regular Sessions

                    IN SENATE

                                    December 4, 2019
                                       ___________

        Introduced  by  Sens.  SKOUFIS, MYRIE -- read twice and ordered printed,
          and when printed to be committed to the Committee on Rules  --  recom-
          mitted to the Committee on Elections in accordance with Senate Rule 6,
          sec.  8  --  committee  discharged, bill amended, ordered reprinted as
          amended and recommitted to said  committee  --  committee  discharged,
          bill  amended,  ordered  reprinted  as amended and recommitted to said
          committee -- committee discharged, bill amended, ordered reprinted  as
          amended  and  recommitted  to  said committee -- committee discharged,
          bill amended, 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.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14309-12-0

        S. 6886--D                          2

     1    2. Notwithstanding any other section of law besides title four of this
     2  article, each elector shall cast his or her  ballot  for  president  and
     3  vice  president  for  the  candidates for these offices who received the
     4  highest number of votes within the state. Refusal or failure to vote for
     5  the candidates for president and vice president who received the highest
     6  number of votes within the state shall constitute a resignation from the
     7  office  of  elector,  and  any  such  vote  by  an  elector shall not be
     8  recorded. The ballots used by the elector shall bear  the  name  of  the
     9  elector.  The  remaining  electors  shall  forthwith fill the vacancy in
    10  accordance with section 12-104 of this title. Nothing in  this  subdivi-
    11  sion  shall  be interpreted as modifying or repealing title four of this
    12  article, the agreement among  the  states  to  elect  the  president  by
    13  national popular vote.
    14    §  2.  This  act  shall take effect immediately and shall apply to all
    15  electors for all elections occurring on and after such  date  and  shall
    16  expire and be deemed repealed January 21, 2021.
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