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, 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:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A4422A
 
SPONSOR: Dinowitz (MS)
  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 elec- toral 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 spec- ify use of the winner-take-all rule. Nationwide popular election of the President can be implemented if the states join together to pass identi- cal 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 Draft- ing 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:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         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.
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