Assembly Bill A5437

2021-2022 Legislative Session

Requires electors to vote for the presidential and vice presidential candidate who received the highest number of votes in the state and who received the highest number of votes in each congressional district

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2021-A5437 (ACTIVE) - Details

See Senate Version of this Bill:
S2552
Current Committee:
Assembly Election Law
Law Section:
Election Law
Laws Affected:
Amd §12-106, add §12-112, El L
Versions Introduced in 2023-2024 Legislative Session:
S1600

2021-A5437 (ACTIVE) - Summary

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.

2021-A5437 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5437
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             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:
 
   Section 1. Section 12-106 of the election law is amended  to  read  as
 follows:
   §  12-106.  Electoral college; vote of the electors. Immediately after
 the organization of the electoral college, the electors shall  then  and
 there  vote  by  ballot for president and vice president, but no elector
 shall vote for more than one person who is a  resident  of  this  state.
 TWO ELECTORAL VOTES SHALL BE GIVEN TO THE STATEWIDE WINNER AND ONE ELEC-
 TORAL  VOTE  SHALL  BE GIVEN TO EACH CONGRESSIONAL DISTRICT BASED ON THE
 PLURALITY OF VOTES IN SUCH DISTRICT.  EACH  PRESIDENTIAL  ELECTOR  SHALL
 EXECUTE  THE  FOLLOWING PLEDGE: "AS A PRESIDENTIAL ELECTOR DULY SELECTED
 (OR APPOINTED) FOR THIS POSITION, I  AGREE  TO  SERVE  AND  TO  MARK  MY
 BALLOTS  FOR  PRESIDENT AND VICE PRESIDENT FOR THE PRESIDENTIAL AND VICE
 PRESIDENTIAL CANDIDATES WHO RECEIVED THE HIGHEST NUMBER OF VOTES IN  THE
 STATE  IF I AM AN AT-LARGE PRESIDENTIAL ELECTOR OR THE HIGHEST NUMBER OF
 VOTES IN MY CONGRESSIONAL DISTRICT IF I AM A CONGRESSIONAL  PRESIDENTIAL
 ELECTOR".  They  shall name in separate ballots the persons voted for as
 president and vice president. They shall make and sign six  certificates
 of all the votes given by them, each of which certificates shall contain
 two  distinct  lists,  one with the votes for president and one with the
 votes for vice president. There shall be annexed to each of the  certif-
 icates  one  of the lists of electors which shall have been furnished to
 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.

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