NY State Senate Bill 2009-S4889

Senate Bill S4889

2009-2010 Legislative Session

Provides that presidential electors from the party receiving the highest number of votes in a congressional district shall be elected for such district

download bill text pdf

Archive: Last Bill Status - In Senate Committee Elections 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to elections
Apr 27, 2009	referred to elections

2009-S4889 (ACTIVE) - Details

Current Committee:: Senate Elections
Law Section:: Election Law
Laws Affected:: Amd §§6-102 & 12-100, El L

2009-S4889 (ACTIVE) - Summary

Modifies the election method for the electoral college vote in the election of the president and vice-president of the United States; provides that there shall be one presidential elector awarded to each candidate who receives the greatest number of votes in a congressional district; provides that there shall be two presidential electors awarded to each candidate who receives the greatest number of votes in the state at-large.

2009-S4889 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4889

 TITLE OF BILL :  An act to amend the election law, in relation to the
nomination and election of presidential electors

 PURPOSE :  The purpose of this measure is to more accurately reflect
the will of the people during presidential elections.

 SUMMARY OF PROVISIONS :  Sections one and two of this bill amend
sections 6102 and 12-100 of the Election Law to modify the method for
the electoral college vote in the election of the president and
vice-president from a "winner-take-all" approach to a vote count per
each congressional district plus 2 votes at-large.

 EXISTING LAW :  Under current law, the electoral college vote in New
York State for president and vice-president is "winner-takes-all"
based on the statewide popular vote.

 JUSTIFICATION :  The Electoral College system provides that each
state be allocated a number of electoral votes equal to its
congressional delegation, i.e.  one for each member of the House of
Representatives plus one for each Senator. Accordingly, New York has a
total of 33 electoral votes. The method in which elector's are
appointed is determined by each state as set forth in Article II, Sec.
1, cl. 2 of the United States Constitution. Presently all states
(including New York), with the exception of Maine and Nebraska, have

adopted the winner-take-all or at-large method for allocating
electoral votes. Under this method the presidential candidate who
receives the most popular votes in a state also receives all the
electoral votes for that state. This has the effect of disadvantaging
those presidential candidates who lose the statewide popular vote by a
narrow margin since these candidates also fail to pick up ANY
electoral votes. This is true even if the losing candidate wins
several congressional districts by a wide margin.

The states of Maine and Nebraska have addressed this problem by using
a system of allocating electoral votes whereby only 2 of the electoral
votes, representing the Senate, are allocated based on the winning
statewide popular vote and the rest are allocated based on the winning
popular vote per congressional district. This has the advantage of
reflecting a more accurate picture of the voter's will than under the
winner-take-all approach.

Under the State's present winner-take-all system, strong presidential
and vice-presidential candidates who lose the overall popular vote in
New York also lose all 33 electoral votes. In a close presidential
election, this method is not likely to project an accurate picture of
voter response in New York.

This bill permits New York to implement an electoral college vote
distribution whereby only 2 electoral votes are allocated at-large,
while the rest are allocated per congressional district. In doing so,
this bill enables New York to project a more accurate picture of voter
response, thereby permitting greater representation of its people.

In providing a more equitable method of allocating electoral votes,
this bill gives voters more incentive to participate in future
elections.

 LEGISLATIVE HISTORY :  S.1750 or 2006, S.310 of 2004, S.411 of 2002,
S. 6719 of 2007/2008

 FISCAL IMPLICATIONS : None.

 EFFECTIVE DATE :  This act shall take effect immediately.

2009-S4889 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4889

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

Introduced  by Sen. NOZZOLIO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Elections

AN ACT to amend the election law, in  relation  to  the  nomination  and
  election of presidential electors

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 6-102 of the election law is  amended  to  read  as
follows:
  S  6-102.  Party  nominations;  electors, presidential. 1. Party nomi-
nations of candidates for the office of elector of  president  and  vice
president  of the United States, one for each congressional district and
two at large, shall be made by the  state  committee.  THE  NOMINATIONS,
MADE  BY  THE  STATE  COMMITTEE,  FOR  ELECTORS  FOR  EACH CONGRESSIONAL
DISTRICT, SHALL SPECIFY THE CONGRESSIONAL DISTRICT FROM WHICH EACH  SUCH
ELECTOR SHALL BE ELECTED.
  2.  INDEPENDENT NOMINATIONS OF CANDIDATES FOR THE OFFICE OF ELECTOR OF
PRESIDENT AND VICE PRESIDENT OF THE UNITED STATES, ONE FOR EACH CONGRES-
SIONAL DISTRICT AND TWO AT LARGE, SHALL BE MADE BY THE PETITION  OF  THE
INDEPENDENT  CANDIDATES  FOR  PRESIDENT AND VICE PRESIDENT OF THE UNITED
STATES.  THE NOMINATIONS, MADE BY THE PETITION OF THE INDEPENDENT CANDI-
DATES FOR PRESIDENT AND VICE PRESIDENT OF THE UNITED STATES,  FOR  ELEC-
TORS  FOR  EACH  CONGRESSIONAL  DISTRICT SHALL SPECIFY THE CONGRESSIONAL
DISTRICT FROM WHICH EACH SUCH ELECTOR SHALL BE ELECTED.
  3. WRITE-IN CANDIDATES FOR THE  OFFICE  OF  PRESIDENT  OF  THE  UNITED
STATES,  SHALL  NAME ONE ELECTOR FOR EACH CONGRESSIONAL DISTRICT AND TWO
ELECTORS AT LARGE. THE WRITE-IN CANDIDATES FOR THE OFFICE  OF  PRESIDENT
OF  THE  UNITED  STATES,  WITH  RESPECT  TO  THE ELECTORS NAMED FOR EACH
CONGRESSIONAL DISTRICT, SHALL SPECIFY THE  CONGRESSIONAL  DISTRICT  FROM
WHICH EACH SUCH ELECTOR SHALL BE ELECTED. THE NAMES AND ADDRESSES OF THE
ELECTORS' NAMED BY THE WRITE-IN CANDIDATE FOR THE OFFICE OF PRESIDENT OF

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00838-01-9

S. 4889                             2

THE  UNITED  STATES  MUST  BE FILED WITH THE STATE BOARD OF ELECTIONS AS
PROVIDED FOR IN SECTION 6-153 OF THIS ARTICLE.
  S  2. Section 12-100 of the election law, as amended by chapter 175 of
the laws of 1988, is amended to read as follows:
  S 12-100. Electors of president and vice  president.  At  the  general
election  in  November  preceding  the  time  fixed by law of the United
States for the choice of president and  vice  president  of  the  United
States,  as  many electors of president and vice president of the United
States shall be elected, as this state shall be entitled to.  Each  vote
cast  for  the candidates of any party or independent body for president
and vice president of the United States  and  each  vote  cast  for  any
write-in  candidates for such offices shall be deemed to be cast for the
candidates for elector of such party or independent body or  the  candi-
dates for elector named in the certificate of candidacy of such write-in
candidates.  NOMINATIONS  OF  CANDIDATES  FOR  THE OFFICE OF ELECTOR FOR
PRESIDENT AND VICE PRESIDENT OF THE UNITED STATES SHALL BE MADE PURSUANT
TO SECTION 6-102 OF THIS CHAPTER. THE PRESIDENTIAL  ELECTORS  AT  LARGE,
NOMINATED  BY  THE  PARTY,  INDEPENDENT  BODY OR WRITE-IN CANDIDATES FOR
PRESIDENT AND VICE PRESIDENT OF THE UNITED STATES WHO RECEIVED THE HIGH-
EST NUMBER OF VOTES IN THE STATE OF NEW YORK, SHALL BE ELECTED PRESIDEN-
TIAL ELECTORS AT LARGE. THE PRESIDENTIAL  ELECTOR  FOR  A  CONGRESSIONAL
DISTRICT NOMINATED BY THE PARTY, INDEPENDENT BODY OR WRITE-IN CANDIDATES
FOR  PRESIDENT  AND  VICE PRESIDENT OF THE UNITED STATES WHO RECEIVE THE
HIGHEST NUMBER OF VOTES IN SUCH CONGRESSIONAL DISTRICT, SHALL BE ELECTED
THE PRESIDENTIAL ELECTOR FOR SUCH CONGRESSIONAL DISTRICT.
  S 3. This act shall take effect immediately.

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