Paulin, Eachus, McDonald, Gibbs, Kim, Reyes, Sillitti, Levenberg
MLTSPNSR
Amd §12-106, El L
Requires electors to vote for the presidential and vice presidential candidate who were nominated by the political party that nominated the presidential elector.
STATE OF NEW YORK
________________________________________________________________________
928
2023-2024 Regular Sessions
IN ASSEMBLY
January 11, 2023
___________
Introduced by M. of A. JACOBSON, PAULIN -- 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 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,
23 and any such vote by an elector shall not be recorded. The ballots used
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02191-01-3
A. 928 2
1 by the elector shall bear the name of the elector. The remaining elec-
2 tors shall forthwith fill the vacancy in accordance with section 12-104
3 of this title. Nothing in this subdivision shall be interpreted as modi-
4 fying or repealing title four of this article, the agreement among the
5 states to elect the president by national popular vote.
6 § 2. This act shall take effect immediately.
