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New York · Through 2026-09-11

N.Y. Election Law § 12-106: Electoral college; vote of the electors

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Where this section sits in the code
  1. Election Law
  2. Article 12. Presidential Electors and Federal Elected Officers
  3. Title 1. Presidential and Vice Presidential Electors

§ 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

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 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

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.

Collected 2026-09-14T19:32:44Z. Source file · JSON

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