BILL NUMBER: S438

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 were nomi-
nated by the political party that nominated the presidential elector

 
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 were
nominated by the political party that nominated the presidential elec-
tor. If an elector attempts to vote for a candidate who was not nomi-
nated by the political party that nominated the presidential elector,
              

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: Sets 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 close 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 were
nominated by the political party that nominated the presidential elec-
tor. 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 were nominated by the
political party that nominated the presidential elector. If an elector
attempted to vote for a candidate who were nominated by the political
party that nominated the presidential elector, 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:

Senate

2019-2020: Passed Senate

2021-2022: S3809, Referred to Elections

Assembly

2019-2020: No Assembly Same-As

2021-2022: A765A, Referred to election law

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.