BILL NUMBER: S1600

SPONSOR: GRIFFO
 
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 and
removing electors who vote in violation of their pledge to vote in such
manner

 
PURPOSE:

The purpose of this bill is to allocate New York State's Electoral
College votes proportionally by congressional districts, and to create a
faithful elector clause to prevent Electoral College voters from assign-
ing their vote in contravention of the voters of the district they
represent.

 
SUMMARY OF PROVISIONS:

Section 1 amends Section 12-106 of the election law to provide that
              

Electoral College votes are designated proportionally to the presiden-
tial and vice presidential candidate who obtains the greatest number of
votes in each congressional district; the at-large winners are assigned
the state's two statewide Electoral College votes.  This section also
creates a pledge that electors must attest to that ensures that their
vote is representative of vote of the district that they represent as an
elector.

Section 2 outlines the cause for removal of an elector should they
violate the pledge to remain faithful to the voters of the district they
represent.

Section 3 marks the effective date.

 
EXISTING LAW:

Currently, New York assigns its Electoral College votes on a winner-
take-all basis. Additionally, no mechanism currently exists that would
prevent an Electoral College elector from voting for a candidate who did
not win the state's popular vote.

 
JUSTIFICATION:

Many New Yorkers are frustrated by the state's winner-take-all formula
for assigning Electoral College votes in the election for president of
the United States. Geographically, it is inadequately representative of
the voting public; voters in upstate New York feel that their vote
carries less weight than other parts of the state, while presidential
candidates are similarly apathetic due to the idea that New York's Elec-
toral College votes are a foregone conclusion in favor done party in
particular.

By changing the manner in which New York's Electoral College votes are
assigned the state can better enfranchise the vote of all New Yorkers by
making their vote for president relevant to the outcome of who will
represent them in the White House. Upstate New Yorkers will be more
likely to turn out because their vote will determine whether a partic-
ular Electoral College vote will be assigned to the candidate they
support. Similarly, western portions of New York State, the Hudson
Valley, and Long Island will become relevant in the presidential
election due to the toss-up nature of their congressional districts in
presidential elections.

There is an added benefit to assigning New York's Electoral College
votes proportionally: presidential candidates will no longer take the
residents of the state for granted during a general election.  Presi-
dents and presidents-elect often make reference to the fact that they
are the president of all people, not just red states or blue states.
However, their campaigns are often fought in no more than a dozen states
and fail to touch on the values of the citizens living outside those now
pivotal "battlegrounds". This bill would make New York a battleground
state due to its Electoral College largess. No longer would any candi-
date for president be allowed to take the voters of one of the largest
states in the country for granted when campaigning for our country's
most venerated office.

 
LEGISLATIVE HISTORY:

2021-22 - S. 2552 - Elections Committee.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Immediate.