Assembly Bill A10340B

2019-2020 Legislative Session

Relates to requiring electors to vote for the presidential and vice presidential candidate who received the highest number of votes in the state

download bill text pdf

Sponsored By

Archive: Last Bill Status Via S6886 - On Floor Calendar

  • 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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Bill Amendments

2019-A10340 - Details

See Senate Version of this Bill:
S6886
Law Section:
Election Law
Laws Affected:
Amd §12-106, El L
Versions Introduced in Other Legislative Sessions:
2021-2022: A765
2023-2024: A928

2019-A10340 - Summary

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

2019-A10340 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10340
 
                           I N  A S S E M B L Y
 
                              April 29, 2020
                                ___________
 
 Introduced by M. of A. JACOBSON -- read once and referred to the Commit-
   tee on Election Law
 
 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:
 
   Section  1.  Section  12-106 of the election law is amended to read as
 follows:
   § 12-106. Electoral college; vote of the  electors.    1.  Immediately
 after the organization of the electoral college, the electors shall then
 and  there vote by ballot for president and vice president, but no elec-
 tor shall vote for more than one person who is a resident of this 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 electors 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.
   2. NOTWITHSTANDING ANY OTHER SECTION OF LAW, EACH ELECTOR  SHALL  CAST
 HIS  OR  HER  BALLOT FOR PRESIDENT AND VICE PRESIDENT FOR THE CANDIDATES
 FOR THESE OFFICES WHO RECEIVED THE HIGHEST NUMBER OF  VOTES  WITHIN  THE
 STATE.  REFUSAL  OR FAILURE TO VOTE FOR THE CANDIDATES FOR PRESIDENT AND
 VICE PRESIDENT WHO RECEIVED THE HIGHEST NUMBER OF VOTES WITHIN THE STATE
 SHALL CONSTITUTE A RESIGNATION FROM THE OFFICE OF ELECTOR, AND ANY  SUCH
 VOTE  BY AN ELECTOR SHALL NOT BE RECORDED. THE BALLOTS USED BY THE ELEC-
 TOR SHALL BEAR THE NAME OF THE ELECTOR.  THE  REMAINING  ELECTORS  SHALL
 FORTHWITH  FILL  THE  VACANCY  IN ACCORDANCE WITH SECTION 12-104 OF THIS
 TITLE.
   § 2. This act shall take effect immediately and  shall  apply  to  all
 electors  for  all  elections occurring on and after such date and shall
 expire and be deemed repealed April 1, 2024.

2019-A10340A - Details

See Senate Version of this Bill:
S6886
Law Section:
Election Law
Laws Affected:
Amd §12-106, El L
Versions Introduced in Other Legislative Sessions:
2021-2022: A765
2023-2024: A928

2019-A10340A - Summary

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

2019-A10340A - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                 10340--A
 
                           I N  A S S E M B L Y
 
                              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
 
 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:
 
   Section 1. Section 12-106 of the election law is amended  to  read  as
 follows:
   §  12-106.  Electoral  college;  vote of the electors.  1. Immediately
 after the organization of the electoral college, the electors shall then
 and there vote by ballot for president and vice president, but no  elec-
 tor shall vote for more than one person who is a resident of this 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 electors 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.
   2.  NOTWITHSTANDING  ANY OTHER SECTION OF LAW, EACH ELECTOR SHALL CAST
 HIS OR HER BALLOT FOR PRESIDENT AND VICE PRESIDENT  FOR  THE  CANDIDATES
 FOR  THESE  OFFICES  WHO RECEIVED THE HIGHEST NUMBER OF VOTES WITHIN THE
 STATE. REFUSAL OR FAILURE TO VOTE FOR THE CANDIDATES FOR  PRESIDENT  AND
 VICE PRESIDENT WHO RECEIVED THE HIGHEST NUMBER OF VOTES WITHIN THE STATE
 SHALL  CONSTITUTE A RESIGNATION FROM THE OFFICE OF ELECTOR, AND ANY SUCH
 VOTE BY AN ELECTOR SHALL NOT BE RECORDED. THE BALLOTS USED BY THE  ELEC-
 TOR  SHALL  BEAR  THE  NAME OF THE ELECTOR. THE REMAINING ELECTORS SHALL
 FORTHWITH FILL THE VACANCY IN ACCORDANCE WITH  SECTION  12-104  OF  THIS
 TITLE.
   §  2.  This  act  shall take effect immediately and shall apply to all
 electors for all elections occurring on and after such  date  and  shall

co-Sponsors

2019-A10340B (ACTIVE) - Details

See Senate Version of this Bill:
S6886
Law Section:
Election Law
Laws Affected:
Amd §12-106, El L
Versions Introduced in Other Legislative Sessions:
2021-2022: A765
2023-2024: A928

2019-A10340B (ACTIVE) - Summary

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

2019-A10340B (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                 10340--B
 
                           I N  A S S E M B L Y
 
                              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:
 
   Section 1. Section 12-106 of the election law is amended  to  read  as
 follows:
   §  12-106.  Electoral  college;  vote of the electors.  1. Immediately
 after the organization of the electoral college, the electors shall then
 and there vote by ballot for president and vice president, but no  elec-
 tor shall vote for more than one person who is a resident of this 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 electors 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.
   2. NOTWITHSTANDING ANY OTHER SECTION OF LAW BESIDES TITLE FOUR OF THIS
 ARTICLE,  EACH  ELECTOR  SHALL  CAST HIS OR HER BALLOT FOR PRESIDENT AND
 VICE PRESIDENT FOR THE CANDIDATES FOR THESE  OFFICES  WHO  RECEIVED  THE
 HIGHEST NUMBER OF VOTES WITHIN THE STATE. REFUSAL OR FAILURE TO VOTE FOR
 THE CANDIDATES FOR PRESIDENT AND VICE PRESIDENT WHO RECEIVED THE HIGHEST
 NUMBER OF VOTES WITHIN THE STATE SHALL CONSTITUTE A RESIGNATION FROM THE
 OFFICE  OF  ELECTOR,  AND  ANY  SUCH  VOTE  BY  AN  ELECTOR SHALL NOT BE
 RECORDED. THE BALLOTS USED BY THE ELECTOR SHALL BEAR  THE  NAME  OF  THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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