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.
STATE OF NEW YORK
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4422--A
Cal. No. 202
2013-2014 Regular Sessions
IN ASSEMBLY
February 5, 2013
___________
Introduced by M. of A. DINOWITZ, THIELE, MILLMAN, GALEF, LAVINE,
KAVANAGH, GOTTFRIED, COOK, JAFFEE, TITUS, ENGLEBRIGHT, PERRY,
O'DONNELL, PAULIN, LIFTON, CAMARA, ROBINSON, ORTIZ, RIVERA, RAMOS,
QUART, BROOK-KRASNY, COLTON, BRENNAN, SCHIMEL, HOOPER, LUPARDO,
GUNTHER, ROSENTHAL, WEPRIN, MILLER, MAGNARELLI, RODRIGUEZ, GOLDFEDER,
ZEBROWSKI, STECK, SEPULVEDA, STIRPE, MOSLEY, KIM, SKOUFIS, GJONAJ,
BRAUNSTEIN, MAYER, BENEDETTO -- Multi-Sponsored by -- M. of A. ABINAN-
TI, ARROYO, BARRETT, BRINDISI, CRESPO, CROUCH, CYMBROWITZ, DenDEKKER,
DUPREY, FAHY, GLICK, HAWLEY, HEASTIE, HENNESSEY, JACOBS, KEARNS,
LENTOL, P. LOPEZ, MAGEE, MARKEY, McDONALD, McDONOUGH, MONTESANO, MOYA,
OAKS, OTIS, ROSA, ROZIC, RYAN, SCARBOROUGH, SIMANOWITZ, SKARTADOS,
SOLAGES, SWEENEY, TITONE, WEINSTEIN, WEISENBERG -- read once and
referred to the Committee on Election Law -- advanced to a third read-
ing, amended and ordered reprinted, retaining its place on the order
of third reading
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".
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02626-06-4
A. 4422--A 2
1 § 12-402. Adoption and text of compact. The agreement among the states
2 to elect the president by national popular vote is adopted and enacted
3 into law as follows:
4 ARTICLE I
5 Membership. Any state of the United States and the District of Colum-
6 bia may become a member of this agreement by enacting this agreement.
7 ARTICLE II
8 Right of the people in member states to vote for president and vice
9 president. Each member state shall conduct a statewide popular election
10 for president and vice president of the United States.
11 ARTICLE III
12 Manner of appointing presidential electors in member states. 1. Prior
13 to the time set by law for the meeting and voting by the presidential
14 electors, the chief election official of each member state shall deter-
15 mine the number of votes for each presidential slate in each state of
16 the United States and in the District of Columbia in which votes have
17 been cast in a statewide popular election and shall add such votes
18 together to produce a "national popular vote total" for each presiden-
19 tial slate.
20 2. The chief election official of each member state shall designate
21 the presidential slate with the largest national popular vote total as
22 the "national popular vote winner".
23 3. The presidential elector certifying official of each member state
24 shall certify the appointment in that official's own state of the elec-
25 tor slate nominated in that state in association with the national popu-
26 lar vote winner.
27 4. At least six days before the day fixed by law for the meeting and
28 voting by the presidential electors, each member state shall make a
29 final determination of the number of popular votes cast in the state for
30 each presidential slate and shall communicate an official statement of
31 such determination within twenty-four hours to the chief election offi-
32 cial of each other member state.
33 5. The chief election official of each member state shall treat as
34 conclusive an official statement containing the number of popular votes
35 in a state for each presidential slate made by the day established by
36 federal law for making a state's final determination conclusive as to
37 the counting of electoral votes by congress.
38 6. In event of a tie for the national popular vote winner, the presi-
39 dential elector certifying official of each member state shall certify
40 the appointment of the elector slate nominated in association with the
41 presidential slate receiving the largest number of popular votes within
42 that official's own state.
43 7. If, for any reason, the number of presidential electors nominated
44 in a member state in association with the national popular vote winner
45 is less than or greater than that state's number of electoral votes, the
46 presidential candidate on the presidential slate that has been desig-
47 nated as the national popular vote winner shall have the power to nomi-
48 nate the presidential electors for that state and that state's presiden-
49 tial elector certifying official shall certify the appointment of such
50 nominees.
51 8. The chief election official of each member state shall immediately
52 release to the public all vote counts or statements of votes as they are
53 determined or obtained.
A. 4422--A 3
1 9. This article shall govern the appointment of presidential electors
2 in each member state in any year in which this agreement is, on July
3 twentieth, in effect in states cumulatively possessing a majority of the
4 electoral votes.
5 ARTICLE IV
6 Other provisions. This agreement shall take effect when states cumula-
7 tively possessing a majority of the electoral votes have enacted this
8 agreement in substantially the same form and the enactments by such
9 states have taken effect in each state. Any member state may withdraw
10 from this agreement, except that a withdrawal occurring six months or
11 less before the end of a president's term shall not become effective
12 until a president or vice president shall have been qualified to serve
13 the next term. The chief executive of each member state shall promptly
14 notify the chief executive of all other states of when this agreement
15 has been enacted and has taken effect in that official's state, when the
16 state has withdrawn from this agreement, and when this agreement takes
17 effect generally.
18 This agreement shall terminate if the electoral college is abolished.
19 If any provision of this agreement is held invalid, the remaining
20 provisions shall not be affected.
21 ARTICLE V
22 Definitions. For purposes of this agreement:
23 1. "Chief executive" shall mean the governor of a state of the United
24 States or the mayor of the District of Columbia.
25 2. "Elector slate" shall mean a slate of candidates who have been
26 nominated in a state for the position of presidential elector in associ-
27 ation with a presidential slate.
28 3. "Chief election official" shall mean the state official or body
29 that is authorized to certify the total number of popular votes for each
30 presidential slate.
31 4. "Presidential elector" shall mean an elector for president and vice
32 president of the United States.
33 5. "Presidential elector certifying official" shall mean the state
34 official or body that is authorized to certify the appointment of the
35 state's presidential electors.
36 6. "Presidential slate" shall mean a slate of two persons, the first
37 of whom has been nominated as a candidate for president of the United
38 States and the second of whom has been nominated as a candidate for vice
39 president of the United States, or any legal successors to such persons,
40 regardless of whether both names appear on the ballot presented to the
41 voter in a particular state.
42 7. "State" shall mean a state of the United States and the District of
43 Columbia.
44 8. "Statewide popular election" shall mean a general election in which
45 votes are cast for presidential slates by individual voters and counted
46 on a statewide basis.
47 § 2. This act shall take effect immediately; provided that the commis-
48 sioner of the state board of elections shall notify the legislative bill
49 drafting commission upon the occurrence of the adoption of the agreement
50 among the states to elect the president by national popular vote by two
51 or more states in order that the commission may maintain an accurate and
52 timely effective data base of the official text of the laws of the state
53 of New York in furtherance of effecting the provisions of section 44 of
54 the legislative law and section 70-b of the public officers law;
A. 4422--A 4
1 provided, however, that this act shall expire and be deemed repealed
2 December 31, 2018 if the states cumulatively possessing a majority of
3 the electoral votes have not enacted the provisions of the agreement
4 among the states to elect the president by national popular vote, and
5 provided that the commissioner of the state board of elections shall
6 notify the legislative bill drafting commission of such expiration.