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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          10340

                   IN ASSEMBLY

                                     April 29, 2020
                                       ___________

        Introduced by M. of A. JACOBSON -- read once and referred to the Commit-
          tee on Election Law

        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, each elector  shall  cast
    17  his  or  her  ballot for president and vice president for the candidates
    18  for these offices who received the highest number of  votes  within  the
    19  state.  Refusal  or failure to vote for the candidates for president and
    20  vice president who received the highest number of votes within the state
    21  shall constitute a resignation from the office of elector, and any  such
    22  vote  by an elector shall not be recorded. The ballots used by the elec-
    23  tor shall bear the name of the elector.  The  remaining  electors  shall
    24  forthwith  fill  the  vacancy  in accordance with section 12-104 of this
    25  title.
    26    § 2. This act shall take effect immediately and  shall  apply  to  all
    27  electors  for  all  elections occurring on and after such date and shall
    28  expire and be deemed repealed April 1, 2024.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14309-04-0