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A09409 Summary:

BILL NOA09409
 
SAME ASSAME AS S08464
 
SPONSORWallace
 
COSPNSR
 
MLTSPNSR
 
Amd 12-102, 12-104, 12-106 & 12-108, El L
 
Moves the date of the meeting of the electors; changes the method for the transmission of the certificates of vote to align with federal law.
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A09409 Actions:

BILL NOA09409
 
03/13/2024referred to election law
03/20/2024reported
03/21/2024advanced to third reading cal.380
03/25/2024passed assembly
03/25/2024delivered to senate
03/25/2024REFERRED TO ELECTIONS
06/05/2024SUBSTITUTED FOR S8464
06/05/20243RD READING CAL.631
06/05/2024PASSED SENATE
06/05/2024RETURNED TO ASSEMBLY
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A09409 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9409
 
                   IN ASSEMBLY
 
                                     March 13, 2024
                                       ___________
 
        Introduced  by M. of A. WALLACE -- read once and referred to the Commit-
          tee on Election Law
 
        AN ACT to amend the election law, in relation to moving the date of  the
          meeting  of  the  electors  and the method for the transmission of the
          certificates of vote
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section 1. Section 12-102 of the election law, as amended by chapter 9
     2  of the laws of 1978, is amended to read as follows:
     3    §  12-102.  Lists  of  electors;  state board of elections to furnish.
     4  [The] At least six days before the time fixed for  the  meeting  of  the
     5  electors  pursuant  to  section 12-104 of this title, the state board of
     6  elections shall:
     7    1. prepare seven lists, containing [both] the names of the persons who
     8  are elected as electors [and], a canvass of  the  votes  cast  for  each
     9  candidate  for  elector,  [together with] a certificate of determination
    10  [thereon] by the state board of canvassers[; procure to the  same],  the
    11  signature  of  the  governor[; cause to be affixed thereto], the seal of
    12  the state, and [in] imprinted on such list an embossment of the seal  of
    13  the state as a security feature for purposes of verifying the authentic-
    14  ity of such list; and
    15    2.  on  behalf  of the governor, [send] transmit immediately after the
    16  preparation of such lists one copy  of  such  [certified]  list  to  the
    17  [administrator  of  general  services] archivist of the United States by
    18  [registered mail] the most expeditious method available and deliver  the
    19  six  other copies thus signed and sealed to the president of the college
    20  of electors immediately after [his] their election.
    21    § 2. Section 12-104 of the election law, as amended by chapter 234  of
    22  the laws of 1976, is amended to read as follows:
    23    §  12-104.  Electoral  college; meeting and organization. The electors
    24  shall convene at the state capitol upon notice  from,  and  at  a  place
    25  fixed  by the secretary of state on the first [Monday] Tuesday after the
    26  second Wednesday in December next following  their  election.  Those  of
    27  them  who  shall  be  assembled at twelve o'clock noon of that day shall
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14253-01-4

        A. 9409                             2
 
     1  immediately at that hour fill, by majority vote, all  vacancies  in  the
     2  electoral  college occasioned by the death, refusal to serve, or neglect
     3  to attend at that hour, of any elector, or any vacancies  occasioned  by
     4  an  equal number votes having been given for two or more candidates. The
     5  electoral college being thus completed, they shall then choose a  presi-
     6  dent and one or more secretaries from their own body.
     7    §  3. Section 12-106 of the election law, as amended by chapter 476 of
     8  the laws of 2023, is amended to read as follows:
     9    § 12-106. Electoral college; vote of the electors.  Immediately  after
    10  the  organization  of the electoral college, the electors shall then and
    11  there vote by ballot for president and vice president,  but  no  elector
    12  shall  vote  for  more  than one person who is a resident of this state.
    13  They shall name in separate ballots the persons voted for  as  president
    14  and vice president. They shall make and sign six certificates of vote of
    15  all  the  votes  given by them, each of which certificates shall contain
    16  two distinct lists, one with the votes for president and  one  with  the
    17  votes  for vice president. There shall be annexed to each of the certif-
    18  icates of vote one of the  lists  of  electors  which  shall  have  been
    19  furnished  to  them  by the state board of elections pursuant to section
    20  12-102 of this title.  They shall seal up the certificates  of  vote  so
    21  made and certify upon each that the lists of all the votes of this state
    22  given for president and vice president are contained therein.
    23    Notwithstanding  any  other  section of law besides title four of this
    24  article, each elector shall cast his or her  ballot  for  president  and
    25  vice  president  for the candidates for these offices who were nominated
    26  by the political party that nominated the presidential elector.  Refusal
    27  or  failure  to vote for the candidates for president and vice president
    28  who were nominated by the political party that nominated  the  presiden-
    29  tial  elector shall constitute a resignation from the office of elector,
    30  and any such vote by an elector shall not be recorded. The ballots  used
    31  by  the  elector shall bear the name of the elector. The remaining elec-
    32  tors shall forthwith fill the vacancy in accordance with section  12-104
    33  of this title. Nothing in this subdivision shall be interpreted as modi-
    34  fying  or  repealing title four of this article, the agreement among the
    35  states to elect the president by national popular vote.
    36    § 4. Section 12-108 of the election law is amended to read as follows:
    37    § 12-108. Electoral college; certificate of vote, how distributed. The
    38  president of the electoral college shall [distribute] immediately trans-
    39  mit the certificates of vote so made pursuant to section 12-106 of  this
    40  title  with  the lists attached thereto.  Such transmission of each such
    41  certificate shall occur at the same time, in the most expeditious method
    42  available, in the following manner:
    43    1. [Forthwith, and before the fourth Wednesday in the  said  month  of
    44  December, forward] one certificate to the president of the United States
    45  senate at the seat of the federal government [by registered mail].
    46    2.  [Forthwith,  and  before the fourth Wednesday in the said month of
    47  December deliver] two certificates to the state board of elections,  one
    48  of  which  shall  be held by it subject to the order of the president of
    49  the United States senate or the  archivist  of  the  United  States,  as
    50  appropriate,  pursuant  to  the  laws of the United States and the other
    51  shall be preserved for one year and  shall  be  a  part  of  the  public
    52  records of the board and be open to public inspection.
    53    3. [On the following day forward] two certificates to the [administra-
    54  tor  of  general services] archivist of the United States at the seat of
    55  the federal government [by registered mail].

        A. 9409                             3
 
     1    4. [Forthwith, and before the fourth Wednesday in the  said  month  of
     2  December,  deliver]  the  other  certificates  to the chief judge of the
     3  United States District Court of the northern district of  the  state  of
     4  New York.
     5    § 5. This act shall take effect immediately.
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