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 Title 4 of article 12 of the election law is REPEALED.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