SB 138 — AN ACT CONCERNING PRESIDENTIAL ELECTORS.

Senate General Assembly SubstituteFile Bill No.

138440 January Session, 2021 ANSubstitute ACTSenate CONCERNINGBill PRESIDENTIALNo. ELECTORS.

138 Senate, April 14, 2021 The Committee on Government Administration and Elections reported through SEN.

FLEXER of the 29th Dist., Chairperson of the Committee on the part of the Senate, that the substitute bill ought to pass.

AN ACT CONCERNING PRESIDENTIAL ELECTORS.

If any such elector is absent or if there is a vacancy in the electoral college for any cause, the electors present shall, before voting for President and Vice President, elect by ballot an elector to fill such vacancy, and the person so chosen shall be a presidential elector, shall perform the duties of such office and shall cast his or her ballots for the candidates to whom thesSB138 elector/ heFile orNo. she is replacing was pledged.

In440 the1 casesSB138 ofFile any such elector who fails to cast such elector's ballots for the candidates under whose names such elector ran on the official election ballot, (1) the votes of such elector shall be nullified, (2) such elector shall forfeit such elector's position as presidential elector, causing a vacancy in the electoral college, and (3) the other electors present shall elect by ballot LCO \\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-00138-R01 of 2 SB.docx Substitute Bill No.

138440 an elector to fill such vacancy, and the person so chosen shall be a presidential elector, shall perform the duties of such office and shall cast his or her ballots for the candidates to whom the elector he or she is replacing was pledged.

In the case of any such elector who fails to cast such elector's ballots for the candidates under whose names such elector ran on the official election ballot, (1) the votes of such elector shall be nullified, (2) such elector shall forfeit such elector's position as presidential elector, causing a vacancy in the electoral college, and (3) the other electors present shall elect by ballot an elector to fill such vacancy, and the person so chosen shall be a presidential elector, shall perform the duties of such office and shall cast his or her ballots for the candidates to whom the elector he or she is replacing was pledged.

-LCO LCOsSB138 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-00138-/ 2File ofNo. 2 R02-SB.docx }

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440 The following Fiscal Impact Statement and Bill Analysis are prepared for the benefit of the members of the General Assembly, solely for purposes of information, summarization and explanation and do not represent the intent of the General Assembly or either chamber thereof for any purpose.

In general, fiscal impacts are based upon a variety of informational sources, including the analyst’s professional knowledge.

Whenever applicable, agency data is consulted as part of the analysis, however final products do not necessarily reflect an assessment from any specific department.

OFA Fiscal Note State Impact:

None Municipal Impact:

None Explanation This bill, which establishes a procedure for nullifying the vote of a presidential elector who does not vote as pledged, has no fiscal impact on the state or municipalities.

The Out Years State Impact:

None Municipal Impact:

None sSB138 / File No.

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440 OLR Bill Analysis sSB 138 AN ACT CONCERNING PRESIDENTIAL ELECTORS.

SUMMARY This bill establishes a procedure for nullifying the vote of, and removing and replacing, a presidential elector who does not vote as pledged (i.e., faithless elector).

State law currently requires presidential electors to vote for the presidential and vice-presidential candidates under whosenamesthey ranontheofficialballot,but it doesnotimpose consequences if they fail to do so.

In the case of a presidential elector who does not vote for the candidates under whose name he or she ran on the ballot, the bill does the following:

1.

nullifies the vote;

2.

requires the elector to forfeit his or her position as presidential elector, causing a vacancy;

3.

requires the other electors present to elect by ballot an elector to fill the vacancy;

and 4.

requires the replacement to cast his or her ballot for the candidates to whom the elector he or she is replacing was pledged.

By law, presidential electors meet and vote at the secretary of the state’s office on the first Monday after the second Wednesday in December following the presidential election.

EFFECTIVE DATE:

October 1, 2021 sSB138 / File No.

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440 BACKGROUND Related Case In 2020, the U.S.

Supreme Court affirmed a Washington Supreme Court decision, holding that a state may constitutionally enforce a presidential elector’s pledge to support his orher party’s nominee—and the state voters’ choice—for president (Chiafalo et al.

v.