NY State Senate Bill 2019-S9039A

Senate Bill S9039A

2019-2020 Legislative Session

Relates to requiring electors to vote for the presidential and vice presidential candidates in a manner representing the plurality of votes in each congressional district

download bill text pdf

Archive: Last Bill Status - In Senate Committee Rules 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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Oct 14, 2020	print number 9039a
Oct 14, 2020	amend (t) and recommit to rules
Oct 09, 2020	referred to rules

Bill Amendments

Original

A (Active)

2019-S9039 - Details

See Assembly Version of this Bill:: A11151
Current Committee:: Senate Rules
Law Section:: Election Law
Laws Affected:: Amd §12-106, El L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S1804, A4895
2023-2024: S1113, A1938

2019-S9039 - Summary

Requires electors to vote for the presidential and vice presidential candidates in a manner representing the plurality of votes in each congressional district.

2019-S9039 - Sponsor Memo

                                
 
BILL NUMBER: S9039

SPONSOR: BORRELLO
 
TITLE OF BILL:

An act to amend the election law, in relation to requiring electors to
vote for the presidential and vice presidential candidate in a manner
proportional to the number of votes such candidates received in the
state; and to repeal certain provisions of such law relating thereto

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill requires that the New York electoral votes be allocated based
on the popular vote in each congressional district, with two at large
electoral representatives casting their electoral vote for the statewide
winner.

 
SUMMARY OF PROVISIONS:

Section 1. Amends section 12-106 of the Election Law to state that two
electoral votes for the Presidential and Vice-Presidential candidates

shall be given the statewide winners and one electoral vote shall be
given for the winners in each congressional district.

Section 2. The legislation would take effect immediately upon adoption.

 
JUSTIFICATION:

The president and vice-president of the United States are selected by
the Electoral College, which consists of one vote for every congression-
al district and two votes (just as two Senators represent each state).

Under current law, the New York State presidential and vice-presidential
winners of the statewide popular vote receive all the electoral votes
for New York State, regardless of their margin of victory. This approach
is the antithesis of selecting the president and vice-president by popu-
lar vote because it ignores all the popular votes cast for the second-
place winners. The practical effect of the current system is to disen-
franchise millions of voters.

The current approach is also the antithesis of a popular election of
president and vice-president. If every state cast its electoral votes in
proportion to the statewide votes, the electoral college would more
closely match the popular vote. Instead, the current system distorts the
popular vote by casting all the electoral votes for the statewide winner
regardless of the popular vote within the state.  Thus, a presidential
candidate who wins by a very small margin within the State nevertheless
would receive all the electoral votes from the State.

The current approach also minimizes the role of New York State voters in
selecting the president and vice-president. Since New York City Demo-
crats dominate statewide elections, neither presidential candidate
spends any time or effort courting upstate New York voters.  Two other
States currently allocate their electoral votes based on the popular
vote within the State, Maine and Nebraska.  New York should provide
national leadership in allocating its electoral votes in proportion to
the popular within the State.

 
EFFECTIVE DATE:
Immediately after adoption.

2019-S9039 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9039
 
                             I N  S E N A T E
 
                              October 9, 2020
                                ___________
 
 Introduced  by Sen. BORRELLO -- 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 in a manner
   proportional to the number of votes such candidates  received  in  the
   state; and to repeal certain provisions of such law relating thereto

   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 TO THE CONTRARY, THE ELEC-
 TORS  SHALL  CAST THEIR BALLOTS FOR PRESIDENT AND VICE PRESIDENT FOR THE
 CANDIDATES FOR THESE OFFICES IN A MANNER SUCH THAT THEIR  VOTES  ARE  IN
 THE  SAME  PROPORTION,  OR  AS  CLOSE AS POSSIBLE, AS THE VOTES FOR SUCH
 CANDIDATES WITHIN THE STATE. REFUSAL OR FAILURE TO VOTE FOR  THE  CANDI-
 DATES FOR PRESIDENT AND VICE PRESIDENT IN SUCH A MANNER SHALL CONSTITUTE
 A  RESIGNATION FROM THE OFFICE OF ELECTOR, AND ANY SUCH VOTE BY AN ELEC-
 TOR SHALL NOT BE RECORDED. THE BALLOTS USED BY SUCH 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.
   § 2. Title 4 of article 12 of the election law is REPEALED.
   §  3.  This  act  shall take effect immediately and shall apply to all
 electors for all elections occurring on and after such date.

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD17412-01-0

2019-S9039A (ACTIVE) - Details

See Assembly Version of this Bill:: A11151
Current Committee:: Senate Rules
Law Section:: Election Law
Laws Affected:: Amd §12-106, El L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S1804, A4895
2023-2024: S1113, A1938

2019-S9039A (ACTIVE) - Summary

Requires electors to vote for the presidential and vice presidential candidates in a manner representing the plurality of votes in each congressional district.

2019-S9039A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S9039a

SPONSOR: BORRELLO
 
TITLE OF BILL:

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

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill requires that the New York electoral votes be allocated based
on the popular vote in each congressional district, with two at large
electoral representatives casting their electoral vote for the statewide
winner.

 
SUMMARY OF PROVISIONS:

Section 1. Amends section 12-106 of the Election Law to state that two
electoral votes for the Presidential and Vice-Presidential candidates
shall be given to the statewide winners and one electoral vote shall be

given to the winners in each congressional district.

Section 2. The legislation would take effect immediately upon adoption.

 
JUSTIFICATION:

The president and vice-president of the United States are selected by
the Electoral College, which consists of one vote for every congression-
al district and two votes (just as two Senators represent each state).

Under current law, the New York State presidential and vice-presidential
winners of the statewide popular vote receive all the electoral votes
for New York State, regardless of their margin of victory. This approach
is the antithesis of selecting the president and vice-president by popu-
lar vote because it ignores all the popular votes cast for the second-
place winners. The practical effect of the current system is to disen-
franchise millions of voters.

The current approach is also the antithesis of a popular election of
president and vice-president. If every state cast its electoral votes in
proportion to the statewide votes, the electoral college would more
closely match the popular vote. Instead, the current system distorts the
popular vote by casting all the electoral votes for the statewide winner
regardless of the popular vote within the state.  Thus, a presidential
candidate who wins by a very small margin within the State nevertheless
would receive all the electoral votes from the State.

The current approach also minimizes the role of New York State voters in
selecting the president and vice-president. Since New York City Demo-
crats dominate statewide elections, neither presidential candidate
spends any time or effort courting upstate New York voters.

Two other States currently allocate their electoral votes based on the
popular vote within the State, Maine and Nebraska.

New York should provide national leadership in allocating its electoral
votes in proportion to the popular within the State.

 
EFFECTIVE DATE:
Immediately after adoption.

2019-S9039A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9039--A
 
                             I N  S E N A T E
 
                              October 9, 2020
                                ___________
 
 Introduced  by Sen. BORRELLO -- read twice and ordered printed, and when
   printed to be  committed  to  the  Committee  on  Rules  --  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 candidates in a manner
   representing the plurality of votes in each congressional district
 
   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. 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 presi-
 dent are contained therein.
   § 2. This act shall take effect immediately and  shall  apply  to  all
 electors for all elections occurring on and after such date.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD17412-02-0

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.