Requires at-large electors to vote for the presidential and vice presidential candidate who received the highest number of votes in the state; requires congressional electors to vote for the presidential and vice presidential candidates who received the highest number of votes in each congressional district; removes and replaces electors who fail to vote in such manner.
STATE OF NEW YORK
________________________________________________________________________
5437
2021-2022 Regular Sessions
IN ASSEMBLY
February 16, 2021
___________
Introduced by M. of A. HAWLEY -- read once and referred to the Committee
on Election Law
AN ACT to amend the election law, in relation to requiring electors to
vote for the presidential and vice presidential candidates in a manner
representing the plurality of votes in each congressional district and
removing electors who vote in violation of their pledge to vote in
such manner
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 Two electoral votes shall be given to the statewide winner and one elec-
8 toral vote shall be given to each congressional district based on the
9 plurality of votes in such district. Each presidential elector shall
10 execute the following pledge: "As a presidential elector duly selected
11 (or appointed) for this position, I agree to serve and to mark my
12 ballots for president and vice president for the presidential and vice
13 presidential candidates who received the highest number of votes in the
14 state if I am an at-large presidential elector or the highest number of
15 votes in my congressional district if I am a congressional presidential
16 elector". They shall name in separate ballots the persons voted for as
17 president and vice president. They shall make and sign six certificates
18 of all the votes given by them, each of which certificates shall contain
19 two distinct lists, one with the votes for president and one with the
20 votes for vice president. There shall be annexed to each of the certif-
21 icates one of the lists of electors which shall have been furnished to
22 them by the state board of elections. They shall seal up the certif-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08772-01-1
A. 5437 2
1 icates so made and certify upon each that the lists of all the votes of
2 this state given for president and vice president are contained therein.
3 § 2. The election law is amended by adding a new section 12-112 to
4 read as follows:
5 § 12-112. Violation of pledge. A presidential elector who refuses to
6 present a ballot, who attempts to present an unmarked ballot, or who
7 attempts to present a ballot marked in violation of his or her pledge
8 pursuant to section 12-106 of this title vacates the office of presiden-
9 tial elector. In the event of a vacancy caused by violation of this
10 section, the remaining electors shall fill such vacancy in accordance
11 with section 12-104 of this title.
12 § 3. This act shall take effect immediately.
