Bill Text: NY A06323 | 2019-2020 | General Assembly | Introduced


Bill Title: Establishes an electoral voting system for electing the governor, lieutenant-governor, comptroller and attorney general.

Spectrum: Partisan Bill (Republican 9-0)

Status: (Introduced) 2019-03-28 - opinion referred to judiciary [A06323 Detail]

Download: New_York-2019-A06323-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          6323
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                      March 5, 2019
                                       ___________
        Introduced by M. of A. BRABENEC -- read once and referred to the Commit-
          tee on Election Law
                    CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
        proposing  an  amendment to article 4 and article 5 of the constitution,
          in relation to establishing an electoral college system  for  electing
          the governor, lieutenant-governor, comptroller and attorney general
     1    Section  1. Resolved (if the Senate concur), That section 1 of article
     2  4 of the constitution be amended and a new section 1-a is added to  read
     3  as follows:
     4    Section  1.  (a)  The executive power shall be vested in the governor,
     5  who shall hold office for four years; the lieutenant-governor  shall  be
     6  chosen  at  the same time, and for the same term. The governor and lieu-
     7  tenant-governor shall be chosen at the general election held in the year
     8  nineteen hundred thirty-eight, and each fourth year  thereafter.    They
     9  shall  be  chosen jointly, by the casting by each voter of a single vote
    10  applicable to both offices, and the legislature by law shall provide for
    11  making such choice in such manner. The  respective  persons  having  the
    12  [highest  number]  majority of electoral votes cast jointly for them for
    13  governor and lieutenant-governor respectively shall be elected.
    14    (b) In the event a majority of electoral votes are not  for  a  single
    15  person  for  the governor or lieutenant-governor, another election shall
    16  be held until a person receives a majority of  electoral  votes  or  ten
    17  elections  have occurred, whichever comes first.  If no one has achieved
    18  a majority of electoral votes after ten elections, the respective person
    19  having the highest number of votes cast jointly for them for governor or
    20  lieutenant-governor respectively shall be elected.
    21    § 1-a. (a) Electoral votes for the  governor  and  lieutenant-governor
    22  shall be distributed as follows:
    23    (i) Each county within the state shall be assigned one electoral vote;
    24  and
    25    (ii)  Each  county shall be assigned one additional electoral vote for
    26  each fifty thousand legal residents of the county.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD89107-02-9

        A. 6323                             2
     1    (b) Electoral votes shall be cast for the governor and lieutenant-gov-
     2  ernor on the first Friday in December in Albany by representatives  from
     3  each county based on the respective persons having the largest number of
     4  votes cast jointly for them for governor and lieutenant-governor respec-
     5  tively from such county.
     6    §  2. Resolved (if the Senate concur), That article 5 of the constitu-
     7  tion be amended by adding a new section 1-a to read as follows:
     8    § 1-a. (a) The comptroller and attorney general shall be chosen by the
     9  casting by each voter of a vote for each office. The respective  persons
    10  having the majority of electoral votes cast for them for comptroller and
    11  attorney general respectively shall be elected.
    12    (b)  Electoral votes for the comptroller and attorney general shall be
    13  distributed as follows:
    14    (i) Each county within the state shall be assigned one electoral vote;
    15  and
    16    (iii) Each county shall be assigned one additional electoral vote  for
    17  each fifty thousand legal residents of the county.
    18    (c)  Electoral  votes  shall  be cast for the comptroller and attorney
    19  general on the first Friday in December  in  Albany  by  representatives
    20  from  each  county  based  on  the respective persons having the largest
    21  number of votes cast for  them  for  comptroller  and  attorney  general
    22  respectively from such county.
    23    (d)  In  the  event a majority of electoral votes are not for a single
    24  person for the comptroller or attorney general, another  election  shall
    25  be  held  until  a  person receives a majority of electoral votes or ten
    26  elections have occurred, whichever comes first.  If no one has  achieved
    27  a majority of electoral votes after ten elections, the respective person
    28  having  the  highest  number  of  votes cast for them for comptroller or
    29  attorney general respectively shall be elected.
    30    § 3. Resolved (if Senate the concur), That the foregoing amendment  be
    31  referred  to  the  first regular legislative session convening after the
    32  next succeeding general election of members of  the  assembly,  and,  in
    33  conformity  with  section  1  of  article  19  of  the  constitution, be
    34  published for 3 months previous to the time of such election.
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