STATE OF NEW YORK
________________________________________________________________________
10340--B
IN ASSEMBLY
April 29, 2020
___________
Introduced by M. of A. JACOBSON -- read once and referred to the Commit-
tee on Election Law -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee -- again
reported from said committee with amendments, ordered reprinted as
amended and recommitted to said committee
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 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 received the
19 highest number of votes within the state. Refusal or failure to vote for
20 the candidates for president and vice president who received the highest
21 number of votes within the state shall constitute a resignation from the
22 office of elector, and any such vote by an elector shall not be
23 recorded. The ballots used by the elector shall bear the name of the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14309-13-0
A. 10340--B 2
1 elector. The remaining electors shall forthwith fill the vacancy in
2 accordance with section 12-104 of this title. Nothing in this subdivi-
3 sion shall be interpreted as modifying or repealing title four of this
4 article, the agreement among the states to elect the president by
5 national popular vote.
6 § 2. This act shall take effect immediately and shall apply to all
7 electors for all elections occurring on and after such date and shall
8 expire and be deemed repealed January 21, 2021.
