A913

An Act concerning electors for president and vice president of the United States in New Jersey and amending various parts of the statutory law, and repealing R.S.19:36-4.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. R.S.19:22-8 is amended to read as follows:

19:22-8. In case of an election for electors of president and vice president of the United States:

a. The secretary shall prepare a general certificate of the election of such electors as set forth in R.S.19:22-3, and lay the same before the Governor, who shall sign his name thereto, in the presence of such secretary, which the secretary shall attest by signing his name thereto, and shall thereupon affix the seal of the State thereto, and deliver the same to the president of the college of electors of this State, on the day and at the time and place appointed for the meeting of such college;

b. The secretary shall also prepare a general certificate or certificates, as the case may be, of the electors who were not elected, and lay the same before the Governor, who shall sign his name thereto, in the presence of such secretary, which the secretary shall attest by signing his name thereto, and shall thereupon affix the seal of the State thereto, and deliver the same to the president of the college of electors of this State, on the day and at the time and place appointed for the meeting of such college;

c. Only one general certificate shall be certified as the elector slate for the purpose of electing the president and vice president of the United States, but such certification shall set forth the ballots cast for each candidate based upon the popular vote in the congressional districts and at-large electors as set forth in R.S.19:22-3. [In any year in which, on July 20, the "Agreement Among the States to Elect the President by National Popular Vote" is in effect in states cumulatively possessing a majority of the electoral votes, and the State of New Jersey remains a member of that agreement, the elector slate for the purpose of electing the president and vice president shall be certified in accordance with section 1 of this act, P.L.2007, c.334 (C.19:36-4)]

(cf: P.L.2007, c.334, s.3)

2. R.S.19:36-1 is amended to read as follows:

19:36-1. a. A vote for the candidate for president shall constitute a vote for the presidential electors nominated by the candidate’s political party or by petition as set forth in R.S.19:13-15.

b. One presidential elector shall be chosen from each congressional district and two at-large.

c. The electors of president and vice president shall convene at the State House at Trenton, [or in another State building within the State House Complex at Trenton, or the War Memorial at Trenton, on the day appointed by congress for that purpose,] at the hour of three o'clock in the afternoon of that day, and constitute an electoral college. [In any year in which, on July 20, the "Agreement Among the States to Elect the President by National Popular Vote" is in effect in states cumulatively possessing a majority of the electoral votes, and the State of New Jersey remains a member of that agreement, the electors for president and vice president shall be those electors certified as the elector slate in accordance with section 1 of P.L.2007, c.334 (C.19:36-4).]

(cf: P.L.2008, c.103, s.1)

3. R.S.19:36-2 is amended to read as follows:

19:36-2. a. When a vacancy shall happen in the college of electors, or when an elector shall fail to attend, by the hour of three o'clock in the afternoon of the day fixed by congress for the meeting of the college of electors, at the place of holding such meeting, those of such electors who shall be assembled at the hour and place shall immediately proceed to fill by a majority of votes such vacancy.

b. If the members of the electoral college shall have been nominated and elected as representing different political parties, any vacancy occurring shall be filled by the elector or electors representing the same political party as the absent elector; and if there shall be no elector present representing the same political party as the absent elector, then such vacancy shall be filled by a majority of the electors present, who shall choose some person of the political party which the absent elector represents.

c. [Notwithstanding the provisions of subsections a. and b. of this section, in any year in which, on July 20, the "Agreement Among the States to Elect the President by National Popular Vote" is in effect in states cumulatively possessing a majority of the electoral votes, and the State of New Jersey remains a member of that agreement, any vacancy in the college of electors shall be filled in accordance with the provisions of section 1 of this act, P.L.2007, c.334 (C.19:36-4).] (Deleted by amendment, P.L , c. ) (pending before the Legislature as this bill)

(cf: P.L.2007, c.334, s.5)

4. R.S.19:36-3 is amended to read as follows:

19:36-3. a. After choosing a president and secretary from their own body, [such electors shall proceed to perform the duties required of them by the constitution and laws of the United States, and in accordance with the provisions of section 1 of this act, P.L.2007, c.334 (C.19:36-4) in any year in which, on July 20, the "Agreement Among the States to Elect the President by National Popular Vote" is in effect in states cumulatively possessing a majority of the electoral votes, and the State of New Jersey remains a member of that agreement] the presidential electors shall convene at the time set forth in R.S.19:36-1, where each presidential elector shall cast a ballot as follows:

(1) The presidential electors at-large shall cast their ballots for the presidential and vice presidential candidates who received the largest number of votes in the State at the general election; and

(2) The presidential electors of each congressional district shall cast their ballots for the presidential and vice presidential candidates who received the largest number of votes in each respective congressional district.

b. Upon the meeting of the electors, each elector shall execute the following pledge:

As a presidential elector duly selected or appointed for this position, I agree to serve and to mark my ballot for president and vice president for the presidential and vice presidential candidates who received the highest number of votes in the State, if I am an at-large presidential elector, or the highest number of voters in my congressional district, if I am a congressional district presidential elector.

c. Each elector’s individual vote shall be awarded to the elector’s respective presidential candidate independent of any other electoral vote.

(cf: P.L.2007, c.334, s.6)

5. R.S.19:36-4 is repealed.

6. This act shall take effect immediately.

STATEMENT

This bill would modify the method in which the members of electoral college in the State cast their votes for the President and the Vice President in the general election. Under the bill, the process would be changed from the “Winner-Takes-All” method to the “Congressional District Method.” Following the congressional district model, each congressional district elector shall cast one vote in the electoral college which shall be based upon the majority popular vote winner of the election in each respective congressional district. The at-large electors, who are members of the United States Senate, shall cast their votes in the electoral college based upon the majority popular vote within the State as a whole.