Amendment #580 to H5150

Establishing alternate presidential electors

Ms. Domb of Amherst Moves to amend the bill by adding the following 3 sections:

“SECTION XXXX. The first paragraph of section 8 of chapter 53 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking out the fourth, fifth, sixth and seventh sentences.

SECTION XXXX. Said chapter 53, as so appearing, is hereby further amended by inserting after section 8 the following section:

Section 8A. (a) The state committees of the respective political parties at a meeting called for the purpose shall nominate the presidential electors. For each elector position in this state, a political party contesting the position shall submit to the state secretary the names of 2 qualified individuals. One of the individuals shall be designated “elector nominee” and the other “alternate elector nominee”. Except as otherwise provided in chapter 54, this state’s electors are the winning elector nominees under the laws of this state.

(b) Each elector nominee and alternate elector nominee of a political party shall execute the following pledge: “If selected for the position of elector, I agree to serve and to mark my ballots for President and Vice President for the nominees for those offices of the party that nominated me.” The executed pledges shall accompany the submission of the corresponding names to the state secretary and shall be filed by the state chairmen of the respective political parties not later than the second Tuesday of September.

(c) In submitting this state’s certificate of ascertainment as required by 3 U.S.C. Section 6, the governor shall certify this state’s electors and state in the certificate that:

(1) the electors shall serve as electors unless a vacancy occurs in the office of elector before the end of the meeting at which elector votes are cast, in which case a substitute elector will fill the vacancy; and

(2) if a substitute elector is appointed to fill a vacancy, the governor shall submit an amended certificate of ascertainment stating the names on the final list of this state’s electors.

SECTION XXXX. Chapter 54 of the General Laws, as so appearing, is hereby amended by striking out section 148 and inserting in place thereof the following section:

Section 148. (a) The persons chosen as presidential electors shall meet at the state house on the date fixed by federal law next following their election at three o'clock in the afternoon and organize by the choice of a presiding officer and secretary. The state secretary  shall preside at the meeting of electors. The state secretary shall call the meeting to order and call the roll of electors. The secretary of the electors shall keep a journal of their proceedings and deposit the same in the office of the state secretary, where it shall be recorded and filed.

(b) If the position of an elector not present to vote is vacant, the state shall appoint an individual as a substitute elector to fill a vacancy as follows:

(1) if the alternate elector is present to vote, by appointing the alternate elector for the vacant position;

(2) if the alternate elector for the vacant position is not present to vote, by appointing an elector chosen by lot from among the alternate electors present to vote who were nominated by the same political party;

(3) if the number of alternate electors present to vote is insufficient to fill any vacant position pursuant to paragraphs (1) and (2), by appointing any immediately available individual who is qualified to serve as an elector and chosen through nomination by and plurality vote of the remaining electors, including nomination and vote by a single elector if only one remains;

(4) if there is a tie between at least 2 nominees for substitute elector in a vote conducted under paragraph (3), by appointing an elector chosen by lot from among those nominees; or

(5) if all elector positions are vacant and cannot be filled pursuant to paragraphs (1) through (4), by appointing a single presidential elector, with remaining vacant positions to be filled under paragraph (3) and, if necessary, paragraph (4).

(c) To qualify as a substitute elector under subsection (b), an individual who has not executed the pledge required under section 8A of chapter 53 shall execute the following pledge: “I agree to serve and to mark my ballots for President and Vice President consistent with the pledge of the individual to whose elector position I have succeeded.”.

(d) At the time designated for elector voting and after all vacant positions have been filled, the state secretary shall provide each elector with a presidential and a vice-presidential ballot. The elector shall mark the elector’s presidential and vice-presidential ballots with the elector’s votes for the offices of President and Vice President, respectively, along with the elector’s signature and the elector’s legibly printed name.

(e) Except as otherwise provided by law of this state other than this section, each elector shall present both completed ballots to the state secretary, who shall examine the ballots  and accept as cast all ballots of electors whose votes are consistent with their pledges executed under section 8A of chapter 53 or this section. Except as otherwise provided by law of this state other than this section, the state secretary may not accept and may not count either an elector’s presidential or vice-presidential ballot if the elector has not marked both ballots or has marked a ballot in violation of the elector’s pledge.

(f) An elector who refuses to present a ballot, presents an unmarked ballot, or presents a ballot marked in violation of the elector’s pledge executed under section 8A of chapter 53 or this section vacates the office of elector, creating a vacant position to be filled under this section.

(g) The state secretary shall distribute ballots to and collect ballots from a substitute elector and repeat the process under this section of examining ballots, declaring and filling vacant positions as required, and recording appropriately completed ballots from the substituted electors, until all of this state’s electoral votes have been cast and recorded.

(h) After the vote of this state’s electors is completed, if the final list of electors differs from any list that the governor previously included on a certificate of ascertainment prepared and transmitted under 3 U.S.C. Section 6, the state secretary shall immediately prepare an amended certificate of ascertainment and transmit it to the governor for the governor’s signature.

(i) The governor shall immediately deliver the signed amended certificate of ascertainment to the state secretary and a signed duplicate original of the amended certificate of ascertainment to all individuals entitled to receive this state’s certificate of ascertainment, indicating that the amended certificate of ascertainment is to be substituted for the certificate of ascertainment previously submitted.

(j) The state secretary shall prepare a certificate of vote. The electors on the final list shall sign the certificate.  The state secretary shall process and transmit the signed certificate with the amended certificate of ascertainment pursuant to 3 U.S.C. Sections 9, 10, and 11.”

Additional co-sponsor(s) added to Amendment #580 to H5150

Establishing alternate presidential electors