N.Y. Election Law Section 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 § 12-102 (Lists of electors)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 § 12-104 (Electoral college)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.

Source: Section 12-106 — Electoral college; vote of the electors, https://www.­nysenate.­gov/legislation/laws/ELN/12-106 (updated Aug. 9, 2024; accessed Feb. 14, 2026).

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Verified:
Feb. 14, 2026

Last modified:
Aug. 9, 2024

§ 12-106. Electoral college's source at nysenate​.gov

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