Assembly Bill A5603

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5603
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 22, 2021
                                ___________
 
 Introduced by M. of A. BRABENEC -- read once and referred to the Commit-
   tee on Election Law
 
             CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
 
 proposing  an  amendment to article 4 and article 5 of the constitution,
   in relation to establishing an electoral college system  for  electing
   the governor, lieutenant-governor, comptroller and attorney general
 
   Section  1. Resolved (if the Senate concur), That section 1 of article
 4 of the constitution be amended and a new section 1-a is added to  read
 as follows:
   Section  1.  (A)  The executive power shall be vested in the governor,
 who shall hold office for four years; the lieutenant-governor  shall  be
 chosen  at  the same time, and for the same term. The governor and lieu-
 tenant-governor shall be chosen at the general election held in the year
 nineteen hundred thirty-eight, and each fourth year  thereafter.    They
 shall  be  chosen jointly, by the casting by each voter of a single vote
 applicable to both offices, and the legislature by law shall provide for
 making such choice in such manner. The  respective  persons  having  the
 [highest  number]  MAJORITY of ELECTORAL votes cast jointly for them for
 governor and lieutenant-governor respectively shall be elected.
   (B) IN THE EVENT A MAJORITY OF ELECTORAL VOTES ARE NOT  FOR  A  SINGLE
 PERSON  FOR  THE GOVERNOR OR LIEUTENANT-GOVERNOR, ANOTHER ELECTION SHALL
 BE HELD UNTIL A PERSON RECEIVES A MAJORITY OF  ELECTORAL  VOTES  OR  TEN
 ELECTIONS  HAVE OCCURRED, WHICHEVER COMES FIRST.  IF NO ONE HAS ACHIEVED
 A MAJORITY OF ELECTORAL VOTES AFTER TEN ELECTIONS, THE RESPECTIVE PERSON
 HAVING THE HIGHEST NUMBER OF VOTES CAST JOINTLY FOR THEM FOR GOVERNOR OR
 LIEUTENANT-GOVERNOR RESPECTIVELY SHALL BE ELECTED.
   § 1-A. (A) ELECTORAL VOTES FOR THE  GOVERNOR  AND  LIEUTENANT-GOVERNOR
 SHALL BE DISTRIBUTED AS FOLLOWS:
   (I) EACH COUNTY WITHIN THE STATE SHALL BE ASSIGNED ONE ELECTORAL VOTE;
 AND
   (II)  EACH  COUNTY SHALL BE ASSIGNED ONE ADDITIONAL ELECTORAL VOTE FOR
 EACH FIFTY THOUSAND LEGAL RESIDENTS OF THE COUNTY.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD89093-01-1

 A. 5603                             2
 
   (B) ELECTORAL VOTES SHALL BE CAST FOR THE GOVERNOR AND LIEUTENANT-GOV-
 ERNOR ON THE FIRST FRIDAY IN DECEMBER IN ALBANY BY REPRESENTATIVES  FROM
 EACH COUNTY BASED ON THE RESPECTIVE PERSONS HAVING THE LARGEST NUMBER OF
 VOTES CAST JOINTLY FOR THEM FOR GOVERNOR AND LIEUTENANT-GOVERNOR RESPEC-
 TIVELY FROM SUCH COUNTY.
   §  2. Resolved (if the Senate concur), That article 5 of the constitu-
 tion be amended by adding a new section 1-a to read as follows:
   § 1-A. (A) THE COMPTROLLER AND ATTORNEY GENERAL SHALL BE CHOSEN BY THE
 CASTING BY EACH VOTER OF A VOTE FOR EACH OFFICE. THE RESPECTIVE  PERSONS
 HAVING THE MAJORITY OF ELECTORAL VOTES CAST FOR THEM FOR COMPTROLLER AND
 ATTORNEY GENERAL RESPECTIVELY SHALL BE ELECTED.
   (B)  ELECTORAL VOTES FOR THE COMPTROLLER AND ATTORNEY GENERAL SHALL BE
 DISTRIBUTED AS FOLLOWS:
   (I) EACH COUNTY WITHIN THE STATE SHALL BE ASSIGNED ONE ELECTORAL VOTE;
 AND
   (III) EACH COUNTY SHALL BE ASSIGNED ONE ADDITIONAL ELECTORAL VOTE  FOR
 EACH FIFTY THOUSAND LEGAL RESIDENTS OF THE COUNTY.
   (C)  ELECTORAL  VOTES  SHALL  BE CAST FOR THE COMPTROLLER AND ATTORNEY
 GENERAL ON THE FIRST FRIDAY IN DECEMBER  IN  ALBANY  BY  REPRESENTATIVES
 FROM  EACH  COUNTY  BASED  ON  THE RESPECTIVE PERSONS HAVING THE LARGEST
 NUMBER OF VOTES CAST FOR  THEM  FOR  COMPTROLLER  AND  ATTORNEY  GENERAL
 RESPECTIVELY FROM SUCH COUNTY.
   (D)  IN  THE  EVENT A MAJORITY OF ELECTORAL VOTES ARE NOT FOR A SINGLE
 PERSON FOR THE COMPTROLLER OR ATTORNEY GENERAL, ANOTHER  ELECTION  SHALL
 BE  HELD  UNTIL  A  PERSON RECEIVES A MAJORITY OF ELECTORAL VOTES OR TEN
 ELECTIONS HAVE OCCURRED, WHICHEVER COMES FIRST.  IF NO ONE HAS  ACHIEVED
 A MAJORITY OF ELECTORAL VOTES AFTER TEN ELECTIONS, THE RESPECTIVE PERSON
 HAVING  THE  HIGHEST  NUMBER  OF  VOTES CAST FOR THEM FOR COMPTROLLER OR
 ATTORNEY GENERAL RESPECTIVELY SHALL BE ELECTED.
   § 3. Resolved (if the Senate concur), That the foregoing amendment  be
 referred  to  the  first regular legislative session convening after the
 next succeeding general election of members of  the  assembly,  and,  in
 conformity  with  section  1  of  article  19  of  the  constitution, be
 published for 3 months previous to the time of such election.