Paulin, Eachus, McDonald, Gibbs, Kim, Reyes, Sillitti, Levenberg
 
MLTSPNSR
 
Amd §12-106, El L
 
Requires electors to vote for the presidential and vice presidential candidate who were nominated by the political party that nominated the presidential elector.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A928
SPONSOR: Jacobson
 
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 forth the effective date which is immediately.
 
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 Clin-
ton won the states of Washington and Hawaii, four electors from Washing-
ton, 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 not nominated by the poli-
tical 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:
2019-2020: A10340-B/S6886-D - Passed Senate; Ordered to Assembly Third
Reading Rules Ca1.327
2021-2022: A765-A - Referred to Assembly Election Law Committee S4226 -
Referred to Senate Elections Committee
 
FISCAL IMPLICATIONS:
None
 
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
928
2023-2024 Regular Sessions
IN ASSEMBLY
January 11, 2023
___________
Introduced by M. of A. JACOBSON, PAULIN -- read once and referred to the
Committee on Election Law
AN ACT to amend the election law, in relation to requiring electors to
vote for the presidential and vice presidential candidate who were
nominated by the political party that nominated the presidential elec-
tor
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 12-106 of the election law is amended to read as
2 follows:
3 § 12-106. Electoral college; vote of the electors. Immediately after
4 the organization of the electoral college, the electors shall then and
5 there vote by ballot for president and vice president, but no elector
6 shall vote for more than one person who is a resident of this state.
7 They shall name in separate ballots the persons voted for as president
8 and vice president. They shall make and sign six certificates of all the
9 votes given by them, each of which certificates shall contain two
10 distinct lists, one with the votes for president and one with the votes
11 for vice president. There shall be annexed to each of the certificates
12 one of the lists of electors which shall have been furnished to them by
13 the state board of elections. They shall seal up the certificates so
14 made and certify upon each that the lists of all the votes of this state
15 given for president and vice president are contained therein.
16 Notwithstanding any other section of law besides title four of this
17 article, each elector shall cast his or her ballot for president and
18 vice president for the candidates for these offices who were nominated
19 by the political party that nominated the presidential elector. Refusal
20 or failure to vote for the candidates for president and vice president
21 who were nominated by the political party that nominated the presiden-
22 tial elector shall constitute a resignation from the office of elector,
23 and any such vote by an elector shall not be recorded. The ballots used
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02191-01-3
A. 928 2
1 by the elector shall bear the name of the elector. The remaining elec-
2 tors shall forthwith fill the vacancy in accordance with section 12-104
3 of this title. Nothing in this subdivision shall be interpreted as modi-
4 fying or repealing title four of this article, the agreement among the
5 states to elect the president by national popular vote.
6 § 2. This act shall take effect immediately.