NY State Senate Bill 2019-S6886D

Senate Bill S6886D

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

Archive: Last Bill Status - 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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jul 23, 2020	ordered to third reading rules cal.327 substituted for a10340b
Jul 22, 2020	referred to ways and means delivered to assembly passed senate ordered to third reading cal.893
Jul 21, 2020	reported and committed to rules
Jul 09, 2020	print number 6886d
Jul 09, 2020	amend and recommit to elections
Jul 01, 2020	print number 6886c
Jul 01, 2020	amend and recommit to elections
May 01, 2020	print number 6886b
May 01, 2020	amend and recommit to elections
Mar 16, 2020	print number 6886a
Mar 16, 2020	amend (t) and recommit to elections
Jan 08, 2020	referred to elections
Dec 04, 2019	referred to rules

Votes

- Jul 22, 2020 - Floor Vote
  S6886D
  
  42
  
  Aye
  
  18
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jul 22, 2020
      
      aye (42)
      
      Addabbo Jr.
      
      Amedore
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Felder
      
      Funke
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Harckham
      
      Hoylman-Sigal
      
      Jackson
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Liu
      
      Martinez
      
      May
      
      Mayer
      
      Metzger
      
      Montgomery
      
      Myrie
      
      Parker
      
      Persaud
      
      Ramos
      
      Rivera
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Thomas
      
      nay (18)
      
      Akshar
      
      Borrello
      
      Boyle
      
      Gallivan
      
      Griffo
      
      Helming
      
      Jordan
      
      LaValle
      
      Lanza
      
      Little
      
      O'Mara
      
      Ortt
      
      Ranzenhofer
      
      Ritchie
      
      Robach
      
      Serino
      
      Seward
      
      Tedisco
  Jul 22, 2020 - Rules Committee Vote
  S6886D
  
  12
  
  Aye
  
  6
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jul 22, 2020
      
      aye (12)
      
      Benjamin
      
      Breslin
      
      Comrie
      
      Gianaris
      
      Hoylman-Sigal
      
      Kennedy
      
      Krueger
      
      Liu
      
      Martinez
      
      Parker
      
      Savino
      
      Stewart-Cousins
      
      nay (6)
      
      LaValle
      
      Lanza
      
      Little
      
      Ortt
      
      Robach
      
      Seward
      
      aye wr (1)
      
      Griffo
  Jul 21, 2020 - Elections Committee Vote
  S6886D
  
  6
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Elections Committee Vote: Jul 21, 2020
      
      aye (6)
      
      Kavanagh
      
      May
      
      Mayer
      
      Myrie
      
      Ritchie
      
      Salazar
      
      aye wr (1)
      
      Funke

Bill Amendments

Original

D (Active)

co-Sponsors

2019-S6886 - Details

See Assembly Version of this Bill:: A10340
Law Section:: Election Law
Laws Affected:: Amd §12-106, El L
Versions Introduced in Other Legislative Sessions:: 2021-2022: A765
2023-2024: A928

2019-S6886 - Summary

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

2019-S6886 - Sponsor Memo

                                
 
BILL NUMBER: S6886

SPONSOR: SKOUFIS
 
TITLE OF BILL:

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

 
PURPOSE:

To remove the risk that so-called "faithless electors" from New York
could impact the outcome of a presidential election

 
SUMMARY OF PROVISIONS:

Section 1: Amends section 12-106 of the Election Law to require that
each member of the Electoral College from New York must cast his or her
ballot for the candidates for president and vice president who received
the highest number of votes within the state. If an elector attempts to
vote for a candidate who did not receive the highest number of votes,

such action will constitute a resignation from the office of elector,
and his or her vote will not be recorded. A replacement elector will be
immediately selected in accordance with existing provisions in Section
12-104 of the Election Law.

Section 2: Effective date.

 
JUSTIFICATION:

Except for Maine and Nebraska, every state in the country awards 100% of
its electoral votes to the presidential candidate who receives the high-
est number of votes within the state. However, the individuals chosen as
members of the Electoral College can and sometimes do vote for a candi-
date who did not win the highest number of votes. In the 2016 Presiden-
tial election, for example, although Donald Trump won the state of
Texas, two electors from Texas cast their votes for other candidates
(one for John Kaisch and one for Ron Paul).  Likewise, although Hillary
Clinton won the states of Washington and Hawaii, four electors from
Washington, and one from Hawaii voted for other candidates (Colin Powell
received three votes, and Bernie Sanders and Faith Spotted Eagle each
received one vote). Because of Donald Trump's sizable Electoral College
majority, the actions of these "faithless electors" were irrelevant, but
in a closer election faithless electors could potentially determine the
winner-a deeply concerning idea.

These votes by rogue electors are possible because many states, includ-
ing New York, do not have any laws in place requiring electors to vote
for the candidates to whom they are pledged or the candidates who won
the highest number of votes in the state. This bill would address the
issue in New York by requiring members of the Electoral College from our
state to cast their ballots for the candidates for president and vice
president who received the highest number of votes in the state. If an
elector attempted to vote for a candidate who did not receive the high-
est number of votes, their vote would not be recorded, and their action
would constitute a resignation from the office of elector. A replacement
elector would be immediately selected in accordance with existing
provisions of the Election Law that cover the resignation or removal of
an elector.
 
LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect immediately and shall apply to all electors
for all elections occurring on and after such date.

2019-S6886 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6886
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             December 4, 2019
                                ___________
 
 Introduced  by  Sen. SKOUFIS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 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

   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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14309-02-9

 S. 6886                             2
 
 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.

co-Sponsors

2019-S6886A - Details

See Assembly Version of this Bill:: A10340
Law Section:: Election Law
Laws Affected:: Amd §12-106, El L
Versions Introduced in Other Legislative Sessions:: 2021-2022: A765
2023-2024: A928

2019-S6886A - Summary

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

2019-S6886A - Sponsor Memo

                                
 
BILL NUMBER: S6886A

SPONSOR: SKOUFIS
 
TITLE OF BILL:

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

 
PURPOSE:

To remove the risk that so-called "faithless electors" from New York
could impact the outcome of a presidential election

 
SUMMARY OF PROVISIONS:

Section 1: Amends section 12-106 of the Election Law to require that
each member of the Electoral College from New York must cast his or her
ballot for the candidates for president and vice president who received
the highest number of votes within the state. If an elector attempts to

vote for a candidate who did not receive the highest number of votes,
such action will constitute a resignation from the office of elector,
and his or her vote will not be recorded. A replacement elector will be
immediately selected in accordance with existing provisions in Section
12-104 of the Election Law.

Section 2: Effective date.

 
JUSTIFICATION:

Except for Maine and Nebraska, every state in the country awards 100% of
its electoral votes to the presidential candidate who receives the high-
est number of votes within the state. However, the individuals chosen as
members of the Electoral College can and sometimes do vote for a candi-
date who did not win the highest number of votes. In the 2016 Presiden-
tial election, for example, although Donald Trump won the state of
Texas, two electors from Texas cast their votes for other candidates
(one for John Kaisch and one for Ron Paul).  Likewise, although Hillary
Clinton won the states of Washington and Hawaii, four electors from
Washington, and one from Hawaii voted for other candidates (Colin Powell
received three votes, and Bernie Sanders and Faith Spotted Eagle each
received one vote). Because of Donald Trump's sizable Electoral College
majority, the actions of these "faithless electors" were irrelevant, but
in a closer election faithless electors could potentially determine the
winner-a deeply concerning idea.

These votes by rogue electors are possible because many states, includ-
ing New York, do not have any laws in place requiring electors to vote
for the candidates to whom they are pledged or the candidates who won
the highest number of votes in the state. This bill would address the
issue in New York by requiring members of the Electoral College from our
state to cast their ballots for the candidates for president and vice
president who received the highest number of votes in the state. If an
elector attempted to vote for a candidate who did not receive the high-
est number of votes, their vote would not be recorded, and their action
would constitute a resignation from the office of elector. A replacement
elector would be immediately selected in accordance with existing

provisions of the Election Law that cover the resignation or removal of
an elector.

 
LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect immediately and shall expire and be deemed
repealed on April 1, 2024.

2019-S6886A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6886--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             December 4, 2019
                                ___________
 
 Introduced  by  Sens.  SKOUFIS, MYRIE -- read twice and ordered printed,
   and when printed to be committed to the Committee on Rules  --  recom-
   mitted to the Committee on Elections in accordance with Senate Rule 6,
   sec.  8  --  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD14309-03-0

 S. 6886--A                          2
 
 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.

co-Sponsors

2019-S6886B - Details

See Assembly Version of this Bill:: A10340
Law Section:: Election Law
Laws Affected:: Amd §12-106, El L
Versions Introduced in Other Legislative Sessions:: 2021-2022: A765
2023-2024: A928

2019-S6886B - Summary

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

2019-S6886B - Sponsor Memo

                                
 
BILL NUMBER: S6886B

SPONSOR: SKOUFIS
 
TITLE OF BILL:

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

 
PURPOSE:

To remove the risk that so-called "faithless electors" from New York
could impact the outcome of a presidential election

 
SUMMARY OF PROVISIONS:

Section 1: Amends section 12-106 of the Election Law to require that
each member of the Electoral College from New York must cast his or her
ballot for the candidates for president and vice president who received
the highest number of votes within the state. If an elector attempts to

vote for a candidate who did not receive the highest number of votes,
such action will constitute a resignation from the office of elector,
and his or her vote will not be recorded. A replacement elector will be
immediately selected in accordance with existing provisions in Section
12-104 of the Election Law.

Section 2: Effective date.

 
JUSTIFICATION:

Except for Maine and Nebraska, every state in the country awards 100% of
its electoral votes to the presidential candidate who receives the high-
est number of votes within the state. However, the individuals chosen as
members of the Electoral College can and sometimes do vote for a candi-
date who did not win the highest number of votes. In the 2016 Presiden-
tial election, for example, although Donald Trump won the state of
Texas, two electors from Texas cast their votes for other candidates
(one for John Kaisch and one for Ron Paul). Likewise, although Hillary
Clinton won the states of Washington and Hawaii, four electors from
Washington, and one from Hawaii voted for other candidates (Colin Powell
received three votes, and Bernie Sanders and Faith Spotted Eagle each
received one vote). Because of Donald Trump's sizable Electoral College
majority, the actions of these "faithless electors" were irrelevant, but
in a closer election faithless electors could potentially determine the
winner-a deeply concerning idea.

These votes by rogue electors are possible because many states, includ-
ing New York, do not have any laws in place requiring electors to vote
for the candidates to whom they are pledged or the candidates who won
the highest number of votes in the state. This bill would address the
issue in New York by requiring members of the Electoral College from our
state to cast their ballots for the candidates for president and vice
president who received the highest number of votes in the state. If an
elector attempted to vote for a candidate who did not receive the high-
est number of votes, their vote would not be recorded, and their action
would constitute a resignation from the office of elector. A replacement
elector would be immediately selected in accordance with existing

provisions of the Election Law that cover the resignation or removal of
an elector.

 
LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect immediately and shall expire and be deemed
repealed on July 1, 2024.

2019-S6886B - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6886--B
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             December 4, 2019
                                ___________
 
 Introduced  by  Sens.  SKOUFIS, MYRIE -- read twice and ordered printed,
   and when printed to be committed to the Committee on Rules  --  recom-
   mitted to the Committee on Elections in accordance with Senate Rule 6,
   sec.  8  --  committee  discharged, bill amended, ordered reprinted as
   amended and recommitted to said  committee  --  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD14309-05-0

 S. 6886--B                          2
 
 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 July 1, 2024.

co-Sponsors

2019-S6886C - Details

See Assembly Version of this Bill:: A10340
Law Section:: Election Law
Laws Affected:: Amd §12-106, El L
Versions Introduced in Other Legislative Sessions:: 2021-2022: A765
2023-2024: A928

2019-S6886C - Summary

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

2019-S6886C - Sponsor Memo

                                
 
BILL NUMBER: S6886C

SPONSOR: SKOUFIS
 
TITLE OF BILL:

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

 
PURPOSE:

To remove the risk that so-called "faithless electors" from New York
could impact the outcome of a presidential election

 
SUMMARY OF PROVISIONS:

Section 1: Amends section 12-106 of the Election Law to require that
each member of the Electoral College from New York must cast his or her
ballot for the candidates for president and vice president who received
the highest number of votes within the state. If an elector attempts to

vote for a candidate who did not receive the highest number of votes,
such action will constitute a resignation from the office of elector,
and his or her vote will not be recorded. A replacement elector will be
immediately selected in accordance with existing provisions in Section
12-104 of the Election Law. Nothing in this subdivision shall be inter-
preted as modifying or repealing title four of article twelve of this
chapter, the agreement among the states to elect the president by
national popular vote.

Section 2: Effective date.

 
JUSTIFICATION:

Except for Maine and Nebraska, every state in the country awards 100% of
its electoral votes to the presidential candidate who receives the high-
est number of votes within the state. However, the individuals chosen as
members of the Electoral College can and sometimes do vote for a candi-
date who did not win the highest number of votes. In the 2016 Presiden-
tial election, for example, although Donald Trump won the state of
Texas, two electors from Texas cast their votes for other candidates
(one for John Kaisch and one for Ron Paul). Likewise, although Hillary
Clinton won the states of Washington and Hawaii, four electors from
Washington, and one from Hawaii voted for other candidates (Colin Powell
received three votes, and Bernie Sanders and Faith Spotted Eagle each
received one vote). Because of Donald Trump's sizable Electoral College
majority, the actions of these "faithless electors" were irrelevant, but
in a closer election faithless electors could potentially determine the
winner-a deeply concerning idea.

These votes by rogue electors are possible because many states, includ-
ing New York, do not have any laws in place requiring electors to vote
for the candidates to whom they are pledged or the candidates who won
the highest number of votes in the state. This bill would address the
issue in New York by requiring members of the Electoral College from our
state to cast their ballots for the candidates for president and vice
president who received the highest number of votes in the state. If an
elector attempted to vote for a candidate who did not receive the high-
est number of votes, their vote would not be recorded, and their action
would constitute a resignation from the office of elector. A replacement
elector would be immediately selected in accordance with existing
provisions of the Election Law that cover the resignation or removal of
an elector.

 
LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect immediately and shall expire and be deemed
repealed on January 1, 2021

2019-S6886C - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6886--C
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             December 4, 2019
                                ___________
 
 Introduced  by  Sens.  SKOUFIS, MYRIE -- read twice and ordered printed,
   and when printed to be committed to the Committee on Rules  --  recom-
   mitted to the Committee on Elections in accordance with Senate Rule 6,
   sec.  8  --  committee  discharged, bill amended, ordered reprinted as
   amended and recommitted to said  committee  --  committee  discharged,
   bill  amended,  ordered  reprinted  as amended and recommitted to said
   committee -- 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  BESIDES  TITLE  FOUR  OF
 ARTICLE  TWELVE  OF  THIS  CHAPTER,  EACH  ELECTOR SHALL CAST HIS OR HER
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD14309-09-0

 S. 6886--C                          2
 
 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. NOTHING IN THIS SUBDIVISION SHALL BE INTERPRETED AS MODIFYING  OR
 REPEALING  TITLE  FOUR  OF ARTICLE TWELVE OF THIS CHAPTER, THE AGREEMENT
 AMONG THE STATES TO ELECT THE PRESIDENT BY NATIONAL POPULAR VOTE.
   § 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 January 1, 2021.

co-Sponsors

2019-S6886D (ACTIVE) - Details

See Assembly Version of this Bill:: A10340
Law Section:: Election Law
Laws Affected:: Amd §12-106, El L
Versions Introduced in Other Legislative Sessions:: 2021-2022: A765
2023-2024: A928

2019-S6886D (ACTIVE) - Summary

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

2019-S6886D (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S6886d

SPONSOR: SKOUFIS
 
TITLE OF BILL:

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

 
PURPOSE:

To remove the risk that so-called "faithless electors" from New York
could impact the outcome of a presidential election

 
SUMMARY OF PROVISIONS:

Section 1: Amends section 12-106 of the Election Law to require that
each member of the Electoral College from New York must cast his or her
ballot for the candidates for president and vice president who received
the highest number of votes within the state. If an elector attempts to

vote for a candidate who did not receive the highest number of votes,
such action will constitute a resignation from the office of elector,
and his or her vote will not be recorded. A replacement elector will be
immediately selected in accordance with existing provisions in Section
12-104 of the Election Law. Nothing in this subdivision shall be inter-
preted as modifying or repealing title four of article twelve of this
chapter, the agreement among the states to elect the president by
national popular vote.

Section 2: Effective date.

 
JUSTIFICATION:

Except for Maine and Nebraska, every state in the country awards 100% of
its electoral votes to the presidential candidate who receives the high-
est number of votes within the state. However, the individuals chosen as
members of the Electoral College can and sometimes do vote for a candi-
date who did not win the highest number of votes. In the 2016 Presiden-
tial election, for example, although Donald Trump won the state of
Texas, two electors from Texas cast their votes for other candidates
(one for John Kaisch and one for Ron Paul). Likewise, although Hillary
Clinton won the states of Washington and Hawaii, four electors from
Washington, and one from Hawaii voted for other candidates (Colin Powell
received three votes, and Bernie Sanders and Faith Spotted Eagle each
received one vote). Because of Donald Trump's sizable Electoral College
majority, the actions of these "faithless electors" were irrelevant, but
in a closer election faithless electors could potentially determine the
winner-a deeply concerning idea.

These votes by rogue electors are possible because many states, includ-
ing New York, do not have any laws in place requiring electors to vote
for the candidates to whom they are pledged or the candidates who won
the highest number of votes in the state. This bill would address the
issue in New York by requiring members of the Electoral College from our
state to cast their ballots for the candidates for president and vice
president who received the highest number of votes in the state. If an
elector attempted to vote for a candidate who did not receive the high-
est number of votes, their vote would not be recorded, and their action
would constitute a resignation from the office of elector. A replacement
elector would be immediately selected in accordance with existing
provisions of the Election Law that cover the resignation or removal of
an elector.

 
LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect immediately and shall expire and be deemed
repealed on January 21, 2021.

2019-S6886D (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6886--D
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             December 4, 2019
                                ___________
 
 Introduced  by  Sens.  SKOUFIS, MYRIE -- read twice and ordered printed,
   and when printed to be committed to the Committee on Rules  --  recom-
   mitted to the Committee on Elections in accordance with Senate Rule 6,
   sec.  8  --  committee  discharged, bill amended, ordered reprinted as
   amended and recommitted to said  committee  --  committee  discharged,
   bill  amended,  ordered  reprinted  as amended and recommitted to said
   committee -- committee discharged, bill amended, ordered reprinted  as
   amended  and  recommitted  to  said committee -- 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.

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

                                                            LBD14309-12-0

 S. 6886--D                          2
 
   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
 ELECTOR.  THE  REMAINING  ELECTORS  SHALL  FORTHWITH FILL THE VACANCY IN
 ACCORDANCE WITH SECTION 12-104 OF THIS TITLE. NOTHING IN  THIS  SUBDIVI-
 SION  SHALL  BE INTERPRETED AS MODIFYING OR REPEALING TITLE FOUR OF THIS
 ARTICLE, THE AGREEMENT AMONG  THE  STATES  TO  ELECT  THE  PRESIDENT  BY
 NATIONAL POPULAR VOTE.
   §  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 January 21, 2021.

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Senate Bill S6886D

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Archive: Last Bill Status - On Floor Calendar

Bill Amendments

co-Sponsors

2019-S6886 - Details

2019-S6886 - Summary

2019-S6886 - Sponsor Memo

2019-S6886 - Bill Text download pdf

co-Sponsors

2019-S6886A - Details

2019-S6886A - Summary

2019-S6886A - Sponsor Memo

2019-S6886A - Bill Text download pdf

co-Sponsors

2019-S6886B - Details

2019-S6886B - Summary

2019-S6886B - Sponsor Memo

2019-S6886B - Bill Text download pdf

co-Sponsors

2019-S6886C - Details

2019-S6886C - Summary

2019-S6886C - Sponsor Memo

2019-S6886C - Bill Text download pdf

co-Sponsors

2019-S6886D (ACTIVE) - Details

2019-S6886D (ACTIVE) - Summary

2019-S6886D (ACTIVE) - Sponsor Memo

2019-S6886D (ACTIVE) - Bill Text download pdf

Comments