A04422 Summary:

BILL NO    A04422A

SAME AS    SAME AS S03149-A

SPONSOR    Dinowitz (MS)

COSPNSR    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,
           Roberts

MLTSPNSR   Abinanti, Arroyo, Barrett, Brindisi, Crespo, Crouch, Cymbrowitz,
           DenDekker, Duprey, Fahy, Glick, Hawley, Heastie, Hennessey, Jacobs,
           Kearns, Lentol, Lopez P, Magee, Markey, McDonald, McDonough,
           Montesano, Moya, Oaks, Otis, Rosa, Rozic, Ryan, Scarborough,
           Skartados, Solages, Sweeney, Titone, Weinstein, Weisenberg

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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A04422 Actions:

BILL NO    A04422A

02/05/2013 referred to election law
06/12/2013 reported referred to rules
06/12/2013 reported 
06/12/2013 rules report cal.215
06/12/2013 ordered to third reading rules cal.215
06/12/2013 passed assembly
06/12/2013 delivered to senate
06/12/2013 REFERRED TO ELECTIONS
01/08/2014 DIED IN SENATE
01/08/2014 RETURNED TO ASSEMBLY
01/08/2014 ordered to third reading cal.202
03/18/2014 amended on third reading 4422a
03/25/2014 substituted by s3149a
           S03149  AMEND=A  GRIFFO
           01/30/2013 REFERRED TO ELECTIONS
           04/22/2013 1ST REPORT CAL.368
           04/23/2013 2ND REPORT CAL.
           04/24/2013 ADVANCED TO THIRD READING 
           06/21/2013 COMMITTED TO RULES
           01/08/2014 REFERRED TO ELECTIONS
           02/10/2014 1ST REPORT CAL.152
           02/11/2014 2ND REPORT CAL.
           02/26/2014 ADVANCED TO THIRD READING 
           03/18/2014 AMENDED ON THIRD READING 3149A
           03/25/2014 PASSED SENATE
           03/25/2014 DELIVERED TO ASSEMBLY
           03/25/2014 referred to election law
           03/25/2014 substituted for a4422a
           03/25/2014 passed assembly
           03/25/2014 returned to senate
           04/14/2014 DELIVERED TO GOVERNOR
           04/15/2014 SIGNED CHAP.19
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A04422 Votes:

A04422 06/12/2013 100/40
AbbateNOColtonYGarbariNOKearnsYMillmanYRiveraERStevensER
AbinantYCookYGibsonYKellnerERMontesaYRobertsYStirpeY
ArroyoYCorwinYGiglioYKimYMorelleNORobinsoYSweeneyY
AubryNOCrespoYGjonajYKolbNOMosleyYRodriguERTediscoY
BarclayYCrouchYGlickYLalorNOMoyaYRosaYTenneyNO
BarrettYCurranYGoldfedYLavineYNojayYRosenthYThieleY
BarronYCusickYGoodellNOLentolYNolanNORozicYTitoneY
BenedetYCymbrowYGottfriYLiftonYOaksNORussellNOTitusY
BlankenYDenDekkERGrafNOLopezYO'DonneYRyanYWalterNO
BorelliNODinowitYGuntherYLupardoYOrtizNOSaladinYWeinsteY
BoylandABDiPietrNOHawleyNOLupinacYOtisYSantabaYWeisenbY
BraunstYDupreyYHeastieYMageeYPalmesaNOScarborYWeprinY
BrennanYEnglebrYHennessYMagnareYPaulinYSchimelYWrightNO
BrindisYEspinalYHevesiNOMaiselYPeoplesNOSchimmiNOZebrowsY
BronsonNOFahyYHikindYMalliotNOPerryYSepulveYMr SpkrY
Brook-KYFarrellNOHooperYMarkeyYPretlowNOSimanowY
BuchwalNOFinchNOJacobsYMayerYQuartERSimotasNO
ButlerYFitzpatNOJaffeeYMcDonalYRaYSkartadY
CahillNOFriendNOJohnsYMcDonouYRabbittYSkoufisY
CamaraYGabryszYJordanNOMcKevitYRaiaNOSolagesY
CerettoYGalefYKatzNOMcLaughNORamosYStecNO
ClarkNOGanttNOKavanagYMillerYReilichNOSteckY

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A04422 Memo:

BILL NUMBER:A4422A

TITLE OF BILL:  An act to amend the election law, in relation to
enacting the agreement among the states to elect the president by
national popular vote

PURPOSE OR GENERAL IDEA OF BILL:

To make an interstate agreement among member states to award their
electoral votes for president to the candidate that receives a
majority of the popular vote cast within all 50 states including the
District of Columbia, These participating states will award their
electoral votes together in an effort to reflect the will of the
majority of voters who participated in the election.

SUMMARY OF SPECIFIC PROVISIONS:

Section 12-400 - Short title -"agreement among the states to elect the
president by national popular vote"

Section 12-402 - Adoption and text compact.

JUSTIFICATION:

Article 11 of the United States Constitution explicitly outlines the
manner in which the President and Vice President are elected saying
that "Each State shall appoint, in such a manner as the Legislature
thereof may direct, a Number of Electors, equal to the whole numbers
of Senators and Representatives to which the State may be entitled to
in the Congress..."

21st Century politics has created a system in which candidates are
provided with voting histories, demographic analysis, and scores of
other types of information that shapes how campaign time and money is
spent. Certain states may be deemed "Red", or historically in support
of Republican candidates or "Blue", meaning historically in support of
Democratic candidates. In addition, candidates for President have
spent a majority of their time campaigning in "battleground states"
that research has shown to be evenly divided and a potential victory
for either candidate, while depending on the votes from "Red" or
"Blue" states without working to earn them.

Also in the Presidential elections of 2000 and 2004, the winners were
selected based upon the outcomes of elections in one state or less
because of their weight in the Electoral College. The "winner take
all" system is no longer adequate, and the voice of millions of
Americans should not be concentrated into the outcome of one state's
election.

This interstate agreement would send a clear message to Presidential
candidates that no citizens' vote can be expected based upon party
affiliation alone. An office that is representing all 50 states should
be filled by a candidate who campaigned in all 50 states to gain the
knowledge and support of all citizens.

A federal constitutional amendment (requiring two-thirds of Congress
and 38 states) is not required to change the state laws that currently


specify use of the winner-take-all rule. Nationwide popular election
of the President can be implemented if the states join together to
pass identical state laws awarding all of their electoral votes to the
presidential candidate receiving the most popular votes in all 50
states and the District of Columbia. The proposed state legislation
would come into effect only when it has been enacted, in identical
form, by enough states to elect a President- that is, by states
possessing a majority (270) of the 538 electoral votes.

PRIOR LEGISLATIVE HISTORY:

2011-12- A.489- Advanced to 3rd Reading Ca1.15/S.4208- Passed Senate
2009-10- A.1580-A- Advanced to 3rd Reading cal. 508/S.2286-Passed
Senate
2007-08- A.3883-A- Advanced to 3rd Reading cal. 972/S.7582- Referred
to Elections
2005-06- A.11563- Referred to Election Law/A.12102- Referred to
Election Law

FISCAL IMPLICATIONS:

None

EFFECTIVE DATE:

This act shall take effect immediately; provided that the commissioner
of the State Board of Elections shall notify the Legislative Bill
Drafting Commission upon the concurrence of the adoption of the
agreement among the states to elect the president by national popular
vote by two or more states in order that the commission may maintain
an accurate and timely effective data base of the official text of the
laws of the state of New York in furtherance of effecting the
provisions of section 44 of the legislative law and section 70-b of
the public officers law; provided, however, that this act shall expire
and be deemed repealed December 31, 2018 if the states cumulatively
possessing a majority of the electoral votes have not enacted the
provisions of the agreement among the states to elect the president by
national popular vote, and provided that the commissioner of the State
Board of Elections shall notify the legislative bill drafting
commission of such expiration
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A04422 Text:

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

                                        4422--A
                                                               Cal. No. 202

                              2013-2014 Regular Sessions

                                 I N  A S S E M B L Y

                                   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    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".

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02626-06-4
       A. 4422--A                          2

    1    S 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    S 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.
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