S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9409
 
                           I N  A S S E M B L Y
 
                              March 13, 2024
                                ___________
 
 Introduced  by M. of A. WALLACE -- read once and referred to the Commit-
   tee on Election Law
 
 AN ACT to amend the election law, in relation to moving the date of  the
   meeting  of  the  electors  and the method for the transmission of the
   certificates of vote
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Section 12-102 of the election law, as amended by chapter 9
 of the laws of 1978, is amended to read as follows:
   §  12-102.  Lists  of  electors;  state board of elections to furnish.
 [The] AT LEAST SIX DAYS BEFORE THE TIME FIXED FOR  THE  MEETING  OF  THE
 ELECTORS  PURSUANT  TO  SECTION 12-104 OF THIS TITLE, THE state board of
 elections shall:
   1. prepare seven lists, containing [both] the names of the persons who
 are elected as electors [and], a canvass of  the  votes  cast  for  each
 candidate  for  elector,  [together with] a certificate of determination
 [thereon] by the state board of canvassers[; procure to the  same],  the
 signature  of  the  governor[; cause to be affixed thereto], the seal of
 the state, and [in] IMPRINTED ON SUCH LIST AN EMBOSSMENT OF THE SEAL  OF
 THE STATE AS A SECURITY FEATURE FOR PURPOSES OF VERIFYING THE AUTHENTIC-
 ITY OF SUCH LIST; AND
   2.  ON  behalf  of the governor, [send] TRANSMIT IMMEDIATELY AFTER THE
 PREPARATION OF SUCH LISTS one copy  of  such  [certified]  list  to  the
 [administrator  of  general  services] ARCHIVIST of the United States by
 [registered mail] THE MOST EXPEDITIOUS METHOD AVAILABLE and deliver  the
 six  other copies thus signed and sealed to the president of the college
 of electors immediately after [his] THEIR election.
   § 2. Section 12-104 of the election law, as amended by chapter 234  of
 the laws of 1976, is amended to read as follows:
   §  12-104.  Electoral  college; meeting and organization. The electors
 shall convene at the state capitol upon notice  from,  and  at  a  place
 fixed  by the secretary of state on the first [Monday] TUESDAY after the
 second Wednesday in December next following  their  election.  Those  of
 them  who  shall  be  assembled at twelve o'clock noon of that day shall
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14253-01-4
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 immediately at that hour fill, by majority vote, all  vacancies  in  the
 electoral  college occasioned by the death, refusal to serve, or neglect
 to attend at that hour, of any elector, or any vacancies  occasioned  by
 an  equal number votes having been given for two or more candidates. The
 electoral college being thus completed, they shall then choose a  presi-
 dent and one or more secretaries from their own body.
   §  3. Section 12-106 of the election law, as amended by chapter 476 of
 the laws of 2023, 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.
 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 certif-
 icates 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  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 vice president
 who were nominated by the political party that nominated  the  presiden-
 tial  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 elec-
 tors shall forthwith fill the vacancy in accordance with section  12-104
 of this title. Nothing in this subdivision shall be interpreted as modi-
 fying  or  repealing title four of this article, the agreement among the
 states to elect the president by national popular vote.
   § 4. Section 12-108 of the election law is amended to read as follows:
   § 12-108. Electoral college; certificate of vote, how distributed. The
 president of the electoral college shall [distribute] IMMEDIATELY TRANS-
 MIT THE certificates OF VOTE so made PURSUANT TO SECTION 12-106 OF  THIS
 TITLE  with  the lists attached thereto.  SUCH TRANSMISSION OF EACH SUCH
 CERTIFICATE SHALL OCCUR AT THE SAME TIME, IN THE MOST EXPEDITIOUS METHOD
 AVAILABLE, in the following manner:
   1. [Forthwith, and before the fourth Wednesday in the  said  month  of
 December, forward] one certificate to the president of the United States
 senate at the seat of the federal government [by registered mail].
   2.  [Forthwith,  and  before the fourth Wednesday in the said month of
 December deliver] two certificates to the state board of elections,  one
 of  which  shall  be held by it subject to the order of the president of
 the United States senate OR THE  ARCHIVIST  OF  THE  UNITED  STATES,  AS
 APPROPRIATE,  PURSUANT  TO  THE  LAWS OF THE UNITED STATES and the other
 shall be preserved for one year and  shall  be  a  part  of  the  public
 records of the board and be open to public inspection.
   3. [On the following day forward] two certificates to the [administra-
 tor  of  general services] ARCHIVIST OF THE UNITED STATES at the seat of
 the federal government [by registered mail].
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   4. [Forthwith, and before the fourth Wednesday in the  said  month  of
 December,  deliver]  the  other  certificates  to the chief judge of the
 United States District Court of the northern district of  the  state  of
 New York.
   § 5. This act shall take effect immediately.