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A00489 Summary:

BILL NOA00489
 
SAME ASSAME AS S04208
 
SPONSORDinowitz (MS)
 
COSPNSRThiele, Galef, Lavine, Kavanagh, Millman, Gottfried, Cook, Jaffee, Englebright, Perry, O'Donnell, Paulin, Lifton, Camara, Robinson, Titus, Ortiz, Rivera J, Ramos, Barron, Boyland, Brook-Krasny, Colton, Brennan, Castro, Lupardo, Rosenthal, McEneny, Schimel, Jeffries, Gibson, Hooper, Rivera N, Gunther, Magnarelli, Rivera P, Weprin, Stevenson, Miller M, Rodriguez, Linares, Quart, Goldfeder, Murray
 
MLTSPNSRAbinanti, Arroyo, Boyle, Brindisi, Burling, Crespo, Crouch, Cymbrowitz, DenDekker, Duprey, Espinal, Glick, Hawley, Heastie, Jacobs, Lancman, Latimer, Lentol, Lopez P, Magee, Maisel, Markey, Meng, Moya, Oaks, Ryan, Sayward, Scarborough, Simanowitz, Skartados, Sweeney, Titone, Weinstein, Weisenberg, Zebrowski
 
Add Art 12 Title IV SS12-400 & 12-402, El L
 
Enacts the agreement among the states to elect the president by national popular vote; creates a compact between the states and the District of Columbia; defines terms.
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A00489 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           489
 
                               2011-2012 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (Prefiled)
 
                                     January 5, 2011
                                       ___________
 
        Introduced  by M. of A. DINOWITZ, THIELE, GALEF, LAVINE, KAVANAGH, KELL-
          NER, MILLMAN, SPANO,  GOTTFRIED,  COOK,  JAFFEE,  ENGLEBRIGHT,  PERRY,
          O'DONNELL,  PAULIN, LIFTON, CAMARA, ROBINSON, TITUS, ORTIZ, J. RIVERA,
          RAMOS, BARRON, BOYLAND, BROOK-KRASNY, COLTON, BRENNAN, CASTRO,  LUPAR-

          DO,  MAYERSOHN, ROSENTHAL, McENENY, SCHIMEL, JEFFRIES, GIBSON, HOOPER,
          N. RIVERA, GUNTHER, MAGNARELLI, RUSSELL,  HOYT,  P. RIVERA  --  Multi-
          Sponsored  by  -- M. of A. BOYLE, BURLING, CRESPO, CROUCH, CYMBROWITZ,
          DenDEKKER, DUPREY, FINCH,  GLICK,  HAWLEY,  HEASTIE,  HEVESI,  JACOBS,
          LANCMAN,  LENTOL,  P. LOPEZ,  MAGEE,  MAISEL,  MARKEY, MENG, MOLINARO,
          MURRAY, OAKS, PHEFFER, RAIA, SAYWARD,  SCARBOROUGH,  SWEENEY,  TITONE,
          WEINSTEIN,  ZEBROWSKI  --  read  once and referred to the Committee on
          Election Law
 
        AN ACT to amend the election law, in relation to enacting the  agreement
          among the states to elect the president by national popular vote
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Article 12 of the election law is amended by adding  a  new

     2  title 4 to read as follows:
     3                                   TITLE IV
     4                   AGREEMENT AMONG THE STATES TO ELECT THE
     5                     PRESIDENT BY NATIONAL POPULAR VOTE
     6  Section 12-400. Short title.
     7          12-402. Adoption and text of compact.
     8    §  12-400.  Short title. This title shall be known and may be cited as
     9  "agreement among the states to elect the president by  national  popular
    10  vote".
    11    § 12-402. Adoption and text of compact. The agreement among the states
    12  to  elect  the president by national popular vote is adopted and enacted
    13  into law as follows:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets

                              [ ] is old law to be omitted.
                                                                   LBD01750-01-1

        A. 489                              2
 
     1                                  ARTICLE I
     2    Membership.  Any state of the United States and the District of Colum-
     3  bia may become a member of this agreement by enacting this agreement.
 
     4                                 ARTICLE II
     5    Right of the people in member states to vote for  president  and  vice
     6  president.  Each member state shall conduct a statewide popular election
     7  for president and vice president of the United States.
 
     8                                 ARTICLE III
     9    Manner of appointing presidential electors in member states. 1.  Prior

    10  to the time set by law for the meeting and voting  by  the  presidential
    11  electors,  the chief election official of each member state shall deter-
    12  mine the number of votes for each presidential slate in  each  state  of
    13  the  United  States  and in the District of Columbia in which votes have
    14  been cast in a statewide popular  election  and  shall  add  such  votes
    15  together  to  produce a "national popular vote total" for each presiden-
    16  tial slate.
    17    2. The chief election official of each member  state  shall  designate
    18  the  presidential  slate with the largest national popular vote total as
    19  the "national popular vote winner".
    20    3. The presidential elector certifying official of each  member  state

    21  shall  certify the appointment in that official's own state of the elec-
    22  tor slate nominated in that state in association with the national popu-
    23  lar vote winner.
    24    4. At least six days before the day fixed by law for the  meeting  and
    25  voting  by  the  presidential  electors,  each member state shall make a
    26  final determination of the number of popular votes cast in the state for
    27  each presidential slate and shall communicate an official  statement  of
    28  such  determination within twenty-four hours to the chief election offi-
    29  cial of each other member state.
    30    5. The chief election official of each member  state  shall  treat  as
    31  conclusive  an official statement containing the number of popular votes

    32  in a state for each presidential slate made by the  day  established  by
    33  federal  law  for  making a state's final determination conclusive as to
    34  the counting of electoral votes by congress.
    35    6. In event of a tie for the national popular vote winner, the  presi-
    36  dential  elector  certifying official of each member state shall certify
    37  the appointment of the elector slate nominated in association  with  the
    38  presidential  slate receiving the largest number of popular votes within
    39  that official's own state.
    40    7. If, for any reason, the number of presidential  electors  nominated
    41  in  a  member state in association with the national popular vote winner
    42  is less than or greater than that state's number of electoral votes, the

    43  presidential candidate on the presidential slate that  has  been  desig-
    44  nated  as the national popular vote winner shall have the power to nomi-
    45  nate the presidential electors for that state and that state's presiden-
    46  tial elector certifying official shall certify the appointment  of  such
    47  nominees.
    48    8.  The chief election official of each member state shall immediately
    49  release to the public all vote counts or statements of votes as they are
    50  determined or obtained.
    51    9. This article shall govern the appointment of presidential  electors
    52  in  each  member  state  in any year in which this agreement is, on July
    53  twentieth, in effect in states cumulatively possessing a majority of the
    54  electoral votes.

        A. 489                              3
 
     1                                 ARTICLE IV
     2    Other provisions. This agreement shall take effect when states cumula-
     3  tively  possessing  a  majority of the electoral votes have enacted this
     4  agreement in substantially the same form  and  the  enactments  by  such
     5  states  have  taken  effect in each state. Any member state may withdraw
     6  from this agreement, except that a withdrawal occurring  six  months  or
     7  less  before  the  end  of a president's term shall not become effective
     8  until a president or vice president shall have been qualified  to  serve
     9  the  next  term. The chief executive of each member state shall promptly

    10  notify the chief executive of all other states of  when  this  agreement
    11  has been enacted and has taken effect in that official's state, when the
    12  state  has  withdrawn from this agreement, and when this agreement takes
    13  effect generally.
    14    This agreement shall terminate if the electoral college is abolished.
    15    If any provision of this agreement  is  held  invalid,  the  remaining
    16  provisions shall not be affected.
 
    17                                  ARTICLE V
    18    Definitions. For purposes of this agreement:
    19    1.  "Chief executive" shall mean the governor of a state of the United
    20  States or the mayor of the District of Columbia.
    21    2. "Elector slate" shall mean a slate  of  candidates  who  have  been

    22  nominated in a state for the position of presidential elector in associ-
    23  ation with a presidential slate.
    24    3.  "Chief  election  official"  shall mean the state official or body
    25  that is authorized to certify the total number of popular votes for each
    26  presidential slate.
    27    4. "Presidential elector" shall mean an elector for president and vice
    28  president of the United States.
    29    5. "Presidential elector certifying official"  shall  mean  the  state
    30  official  or  body  that is authorized to certify the appointment of the
    31  state's presidential electors.
    32    6. "Presidential slate" shall mean a slate of two persons,  the  first
    33  of  whom  has  been nominated as a candidate for president of the United

    34  States and the second of whom has been nominated as a candidate for vice
    35  president of the United States, or any legal successors to such persons,
    36  regardless of whether both names appear on the ballot presented  to  the
    37  voter in a particular state.
    38    7. "State" shall mean a state of the United States and the District of
    39  Columbia.
    40    8. "Statewide popular election" shall mean a general election in which
    41  votes  are cast for presidential slates by individual voters and counted
    42  on a statewide basis.
    43    § 2. This act shall take effect immediately; provided that the commis-
    44  sioner of the state board of elections shall notify the legislative bill
    45  drafting commission upon the occurrence of the adoption of the agreement

    46  among the states to elect the president by national popular vote by  two
    47  or more states in order that the commission may maintain an accurate and
    48  timely effective data base of the official text of the laws of the state
    49  of  New York in furtherance of effecting the provisions of section 44 of
    50  the legislative law and section 70-b of the public officers law.
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