S T A T E O F N E W Y O R K
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1447
2025-2026 Regular Sessions
I N S E N A T E
January 9, 2025
___________
Introduced by Sens. BORRELLO, OBERACKER -- read twice and ordered print-
ed, and when printed to be committed to the Committee on Elections
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, as amended by chapter
215 of the laws of 2024, 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 vote 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 of vote one of the lists of
electors which shall have been furnished to them by the state board of
elections pursuant to section 12-102 of this title. They shall seal up
the certificates of vote 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.
Notwithstanding any other section of law besides title four of this
article, each elector shall cast [his or her] SUCH ELECTOR'S ballot for
president and vice president for the candidates for these offices who
were nominated by the political party that nominated the presidential
elector. Refusal or failure to vote for the candidates for president and
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04479-01-5
S. 1447 2
vice president who were nominated by the political party that nominated
the presidential elector shall constitute a resignation from the office
of elector, and any such vote by an elector shall not be recorded. The
ballots used by the 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. Nothing in this subdivision shall be
interpreted as modifying or repealing title four of this article, the
agreement among the states to elect the president by national popular
vote.
§ 2. This act shall take effect immediately and shall apply to all
electors for all elections occurring on and after such date.