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A00489 Summary:

BILL NO    A00489 

SAME AS    SAME AS S04208

SPONSOR    Dinowitz (MS)

COSPNSR    Thiele, 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

MLTSPNSR   Abinanti, 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:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                          489

                              2011-2012 Regular Sessions

                                 I N  A S S E M B L Y

                                      (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    S  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    S 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    S 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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