Changes to Existing Law

12-24-1. Each elector of President and vice president of the United States shall, before the hour of eleven o'clock in the morning of the day fixed by the act of Congress to elect a President and vice president, give notice to the Governor that he is at the seat of government and ready at the proper time to perform the duties of an elector; and the Governor shall forthwith deliver to the electors present a certificate of all the names of the electors. Before eleven a.m. central time on the day designated by Congress for the election of the president and vice president of the United States, each presidential elector shall notify the Governor that the elector is: (1) At the seat of government; and (2) Ready to perform the duties of a presidential elector. Upon receipt of the notice, the Governor shall deliver to the electors present a certificate listing the names of the presidential electors. 16

Replacement 12-24-2. If a vacancy occurs before the meeting of the electors, the state chairperson of the political party that nominated the elector failing to appear. must immediately select a replacement and file the selection with the secretary of state. If any an elector named in the Governor's certificate fails to appear before nine o'clock in the morning of the day of election of President and vice president as aforesaid, the electors there present shall immediately proceed to elect by ballot, in the presence of the Governor, a person to fill such a.m. central time on the day designated by Congress for the election of the president and vice president of the United States, the electors present must immediately elect, by ballot, an individual to fill the vacancy. If more than one person voted for to fill such vacancy shall have the highest and individual receives an equal number of votes, the Governor, in the presence of the electors attending, shall decide by lot which of such persons shall be elected. elected must, in the presence of the remaining electors, name one of the individuals receiving an equal number of votes to fill the vacancy. If the Governor is not present or is one of the remaining electors, the secretary of state must name one of the individuals receiving an equal number of votes to fill the vacancy. If two electors named in the Governor's certificate fail to appear before nine a.m. central time on the day designated by Congress for the election of the president and vice president of the United States, the Governor, or in the absence of the Governor, the secretary of state, must immediately appoint an elector. Upon appointment, the electors must immediately elect, by ballot, an individual to fill the remaining vacancy, in accordance with this section. If no electors named in the Governor's certificate appear before nine a.m. central time on the day designated by Congress for the election of the president and vice president of the United States, the Governor, or in the absence of the Governor, the secretary of state, must immediately appoint an elector. Upon appointment, the elector must immediately appoint a second elector. Upon appointment of the second elector, the electors must immediately elect, by ballot, an individual to fill the remaining vacancy, in accordance with this section. 21

Notice to and powers of elector chosen to fill vacancy. 12-24-3. Immediately after such the choice of elector is made, the name of the person so chosen shall forthwith individual chosen to fill the vacancy must be certified to the Governor by the electors making such the choice; and the the. The Governor shall cause notice to be immediately given, in writing, to the elector individual chosen to fill such the vacancy; and the person so chosen shall be an elector and and. If the Governor is not present, the secretary of state shall notify the individual chosen to fill the vacancy. The individual chosen to fill the vacancy shall meet the other electors at the same time and place, and then and there discharge all and singular set forth in § 12-24-1 to discharge the duties enjoined upon him the individual as an elector elector, by the Constitution 31 and laws of the United States and of this state. 32

Time and place of performance of constitutional duties by electors. 33 12-24-4. The electors of President and vice president shall, at twelve noon on the day which is or may be directed by the Congress of the United States, meet at the seat of government of this state and then and there perform the duties enjoined upon them by the Constitution and laws of the United States. At twelve p.m. central time on the day designated by Congress for the election of the president and vice president of the United States, the presidential electors shall meet at the seat of government of this state and perform the duties enjoined upon them by the Constitution and laws of the United States. Except as provided in section of this Act, each presidential elector shall vote for the candidates for the office of president and vice president of the United States whose slate of electors received the highest number of votes at the state's general election. 11