Assembly Bill A5884

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5884
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 16, 2017
                                ___________
 
 Introduced  by  M.  of  A.  LUPINACCI  --  read once and referred to the
   Committee on Election Law
 
 AN ACT to amend the  election  law,  in  relation  to  establishing  the
   congressional  district method of electoral voting in presidential and
   vice presidential elections

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section 12-100 of the election law, as amended by chapter
 175 of the laws of 1988, is amended to read as follows:
   § 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.  ONE PRESI-
 DENTIAL AND VICE PRESIDENTIAL ELECTOR SHALL BE CHOSEN FROM EACH CONGRES-
 SIONAL DISTRICT, AND TWO PRESIDENTIAL  AND  VICE  PRESIDENTIAL  ELECTORS
 SHALL  BE  CHOSEN AT LARGE. THE CONGRESSIONAL DISTRICT ELECTORS SHALL BE
 CHOSEN FROM THE PARTY OR GROUP OF PETITIONERS OF THE HIGHEST  NUMBER  OF
 VOTES  IN  SUCH DISTRICT. THE AT LARGE ELECTORS SHALL BE CHOSEN FROM THE
 PARTY OR GROUP OF PETITIONERS OF THE HIGHEST  NUMBER  OF  VOTES  IN  THE
 STATE.  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 candidates for elector named in the certificate of candidacy of such
 write-in candidates.
   § 2. 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].
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02993-01-7

 A. 5884                             2
 
 EACH  CONGRESSIONAL  DISTRICT PRESIDENTIAL ELECTOR SHALL CAST HIS OR HER
 BALLOT  FOR  THE  PRESIDENTIAL  AND  VICE-PRESIDENTIAL  CANDIDATES   WHO
 RECEIVED  THE  HIGHEST  NUMBER  OF  VOTES  IN  HIS  OR HER CONGRESSIONAL
 DISTRICT  AND THE TWO ELECTORS WHO WERE CHOSEN AT LARGE SHALL CAST THEIR
 VOTES FOR THE PRESIDENTIAL AND VICE-PRESIDENTIAL CANDIDATES WHO RECEIVED
 THE HIGHEST NUMBER OF VOTES IN THE STATE. 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 certificates one of the lists  of  elec-
 tors  which  shall  have  been  furnished  to them by the state board of
 elections. They shall seal up the certificates so made and certify  upon
 each  that  the lists of all the votes of this state given for president
 and vice president are contained therein.
   § 3. This act shall take effect immediately.