S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4401
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 4, 2025
                                ___________
 
 Introduced  by M. of A. MOLITOR -- read once and referred to the Commit-
   tee on Election Law
 
 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
              

 A. 4401                             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.