STATE OF NEW YORK ________________________________________________________________________ 5579 2023-2024 Regular Sessions IN ASSEMBLY March 16, 2023 ___________ Introduced by M. of A. BRABENEC -- read once and referred to the Commit- tee on Election Law CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing an amendment to article 4 and article 5 of the constitution, in relation to establishing an electoral college system for electing the governor, lieutenant-governor, comptroller and attorney general 1 Section 1. Resolved (if the Senate concur), That section 1 of article 2 4 of the constitution be amended and a new section 1-a is added to read 3 as follows: 4 Section 1. (a) The executive power shall be vested in the governor, 5 who shall hold office for four years; the lieutenant-governor shall be 6 chosen at the same time, and for the same term. The governor and lieu- 7 tenant-governor shall be chosen at the general election held in the year 8 nineteen hundred thirty-eight, and each fourth year thereafter. They 9 shall be chosen jointly, by the casting by each voter of a single vote 10 applicable to both offices, and the legislature by law shall provide for 11 making such choice in such manner. The respective persons having the 12 [highest number] majority of electoral votes cast jointly for them for 13 governor and lieutenant-governor respectively shall be elected. 14 (b) In the event a majority of electoral votes are not for a single 15 person for the governor or lieutenant-governor, another election shall 16 be held until a person receives a majority of electoral votes or ten 17 elections have occurred, whichever comes first. If no one has achieved 18 a majority of electoral votes after ten elections, the respective person 19 having the highest number of votes cast jointly for them for governor or 20 lieutenant-governor respectively shall be elected. 21 § 1-a. (a) Electoral votes for the governor and lieutenant-governor 22 shall be distributed as follows: 23 (i) Each county within the state shall be assigned one electoral vote; 24 and 25 (ii) Each county shall be assigned one additional electoral vote for 26 each fifty thousand legal residents of the county. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD89091-01-3
A. 5579 2 1 (b) Electoral votes shall be cast for the governor and lieutenant-gov- 2 ernor on the first Friday in December in Albany by representatives from 3 each county based on the respective persons having the largest number of 4 votes cast jointly for them for governor and lieutenant-governor respec- 5 tively from such county. 6 § 2. Resolved (if the Senate concur), That article 5 of the constitu- 7 tion be amended by adding a new section 1-a to read as follows: 8 § 1-a. (a) The comptroller and attorney general shall be chosen by the 9 casting by each voter of a vote for each office. The respective persons 10 having the majority of electoral votes cast for them for comptroller and 11 attorney general respectively shall be elected. 12 (b) Electoral votes for the comptroller and attorney general shall be 13 distributed as follows: 14 (i) Each county within the state shall be assigned one electoral vote; 15 and 16 (ii) Each county shall be assigned one additional electoral vote for 17 each fifty thousand legal residents of the county. 18 (c) Electoral votes shall be cast for the comptroller and attorney 19 general on the first Friday in December in Albany by representatives 20 from each county based on the respective persons having the largest 21 number of votes cast for them for comptroller and attorney general 22 respectively from such county. 23 (d) In the event a majority of electoral votes are not for a single 24 person for the comptroller or attorney general, another election shall 25 be held until a person receives a majority of electoral votes or ten 26 elections have occurred, whichever comes first. If no one has achieved 27 a majority of electoral votes after ten elections, the respective person 28 having the highest number of votes cast for them for comptroller or 29 attorney general respectively shall be elected. 30 § 3. Resolved (if the Senate concur), That the foregoing amendment be 31 referred to the first regular legislative session convening after the 32 next succeeding general election of members of the assembly, and, in 33 conformity with section 1 of article 19 of the constitution, be 34 published for 3 months previous to the time of such election.