S03149 Summary:
BILL NO | S03149A |
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SAME AS | SAME AS A04422-A |
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SPONSOR | GRIFFO |
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COSPNSR | PARKER, AVELLA, BOYLE, GIPSON, HOYLMAN, KRUEGER, MAZIARZ, MONTGOMERY, ROBACH |
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MLTSPNSR | |
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Add Art 12 Title IV SS12-400 & 12-402, El L | |
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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. |
S03149 Actions:
BILL NO | S03149A | |||||||||||||||||||||||||||||||||||||||||||||||||
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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 |
S03149 Floor Votes:
No
Abbate
Yes
Curran
Yes
Hawley
Yes
Markey
Yes
Quart
Yes
Steck
Yes
Abinanti
Yes
Cusick
Yes
Heastie
Yes
Mayer
Yes
Ra
Yes
Stirpe
Yes
Arroyo
Yes
Cymbrowitz
Yes
Hennessey
Yes
McDonald
No
Raia
Yes
Sweeney
Yes
Aubry
Yes
Davila
No
Hevesi
Yes
McDonough
Yes
Ramos
Yes
Tedisco
Yes
Barclay
Yes
DenDekker
Yes
Hikind
Yes
McKevitt
Yes
Rivera
No
Tenney
Yes
Barrett
Yes
Dinowitz
Yes
Hooper
No
McLaughlin
Yes
Roberts
Yes
Thiele
Yes
Benedetto
No
DiPietro
Yes
Jacobs
Yes
Miller
Yes
Robinson
Yes
Titone
Yes
Blankenbush
Yes
Duprey
ER
Jaffee
Yes
Millman
Yes
Rodriguez
Yes
Titus
Yes
Borelli
Yes
Englebright
Yes
Johns
Yes
Montesano
Yes
Rosa
No
Walter
Yes
Braunstein
Yes
Fahy
No
Katz
No
Morelle
Yes
Rosenthal
Yes
Weinstein
Yes
Brennan
No
Farrell
Yes
Kavanagh
Yes
Mosley
Yes
Rozic
Yes
Weisenberg
Yes
Brindisi
No
Finch
Yes
Kearns
Yes
Moya
No
Russell
Yes
Weprin
No
Bronson
ER
Fitzpatrick
AB
Kellner
No
Nojay
Yes
Ryan
No
Wright
Yes
Brook-Krasny
No
Friend
Yes
Kim
No
Nolan
Yes
Saladino
Yes
Zebrowski
No
Buchwald
Yes
Galef
No
Kolb
No
Oaks
Yes
Santabarbara
Yes
Mr. Speaker
Yes
Butler
No
Gantt
No
Lalor
Yes
O'Donnell
Yes
Scarborough
No
Cahill
No
Garbarino
Yes
Lavine
Yes
Ortiz
Yes
Schimel
Yes
Camara
Yes
Giglio
Yes
Lentol
Yes
Otis
No
Schimminger
Yes
Ceretto
Yes
Gjonaj
Yes
Lifton
No
Palmesano
Yes
Sepulveda
No
Clark
Yes
Glick
Yes
Lopez
Yes
Palumbo
Yes
Simanowitz
Yes
Colton
ER
Goldfeder
Yes
Lupardo
Yes
Paulin
ER
Simotas
Yes
Cook
No
Goodell
Yes
Lupinacci
No
Peoples-Stokes
Yes
Skartados
No
Corwin
Yes
Gottfried
Yes
Magee
Yes
Perry
Yes
Skoufis
Yes
Crespo
No
Graf
Yes
Magnarelli
Yes
Pichardo
Yes
Solages
Yes
Crouch
Yes
Gunther
Yes
Malliotakis
No
Pretlow
No
Stec
‡ Indicates voting via videoconference
S03149 Text:
Go to top STATE OF NEW YORK ________________________________________________________________________ 3149--A Cal. No. 152 2013-2014 Regular Sessions IN SENATE January 30, 2013 ___________ Introduced by Sens. GRIFFO, PARKER, BOYLE, GIPSON, HOYLMAN, KRUEGER, MAZIARZ, MONTGOMERY, ROBACH -- read twice and ordered printed, and when printed to be committed to the Committee on Elections -- recom- mitted to the Committee on Elections in accordance with Senate Rule 6, sec. 8 -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in 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". 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: 14 ARTICLE I 15 Membership. Any state of the United States and the District of Colum- 16 bia may become a member of this agreement by enacting this agreement. 17 ARTICLE II EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD02626-07-4S. 3149--A 2 1 Right of the people in member states to vote for president and vice 2 president. Each member state shall conduct a statewide popular election 3 for president and vice president of the United States. 4 ARTICLE III 5 Manner of appointing presidential electors in member states. 1. Prior 6 to the time set by law for the meeting and voting by the presidential 7 electors, the chief election official of each member state shall deter- 8 mine the number of votes for each presidential slate in each state of 9 the United States and in the District of Columbia in which votes have 10 been cast in a statewide popular election and shall add such votes 11 together to produce a "national popular vote total" for each presiden- 12 tial slate. 13 2. The chief election official of each member state shall designate 14 the presidential slate with the largest national popular vote total as 15 the "national popular vote winner". 16 3. The presidential elector certifying official of each member state 17 shall certify the appointment in that official's own state of the elec- 18 tor slate nominated in that state in association with the national popu- 19 lar vote winner. 20 4. At least six days before the day fixed by law for the meeting and 21 voting by the presidential electors, each member state shall make a 22 final determination of the number of popular votes cast in the state for 23 each presidential slate and shall communicate an official statement of 24 such determination within twenty-four hours to the chief election offi- 25 cial of each other member state. 26 5. The chief election official of each member state shall treat as 27 conclusive an official statement containing the number of popular votes 28 in a state for each presidential slate made by the day established by 29 federal law for making a state's final determination conclusive as to 30 the counting of electoral votes by congress. 31 6. In event of a tie for the national popular vote winner, the presi- 32 dential elector certifying official of each member state shall certify 33 the appointment of the elector slate nominated in association with the 34 presidential slate receiving the largest number of popular votes within 35 that official's own state. 36 7. If, for any reason, the number of presidential electors nominated 37 in a member state in association with the national popular vote winner 38 is less than or greater than that state's number of electoral votes, the 39 presidential candidate on the presidential slate that has been desig- 40 nated as the national popular vote winner shall have the power to nomi- 41 nate the presidential electors for that state and that state's presiden- 42 tial elector certifying official shall certify the appointment of such 43 nominees. 44 8. The chief election official of each member state shall immediately 45 release to the public all vote counts or statements of votes as they are 46 determined or obtained. 47 9. This article shall govern the appointment of presidential electors 48 in each member state in any year in which this agreement is, on July 49 twentieth, in effect in states cumulatively possessing a majority of the 50 electoral votes. 51 ARTICLE IV 52 Other provisions. This agreement shall take effect when states cumula- 53 tively possessing a majority of the electoral votes have enacted this 54 agreement in substantially the same form and the enactments by suchS. 3149--A 3 1 states have taken effect in each state. Any member state may withdraw 2 from this agreement, except that a withdrawal occurring six months or 3 less before the end of a president's term shall not become effective 4 until a president or vice president shall have been qualified to serve 5 the next term. The chief executive of each member state shall promptly 6 notify the chief executive of all other states of when this agreement 7 has been enacted and has taken effect in that official's state, when the 8 state has withdrawn from this agreement, and when this agreement takes 9 effect generally. 10 This agreement shall terminate if the electoral college is abolished. 11 If any provision of this agreement is held invalid, the remaining 12 provisions shall not be affected. 13 ARTICLE V 14 Definitions. For purposes of this agreement: 15 1. "Chief executive" shall mean the governor of a state of the United 16 States or the mayor of the District of Columbia. 17 2. "Elector slate" shall mean a slate of candidates who have been 18 nominated in a state for the position of presidential elector in associ- 19 ation with a presidential slate. 20 3. "Chief election official" shall mean the state official or body 21 that is authorized to certify the total number of popular votes for each 22 presidential slate. 23 4. "Presidential elector" shall mean an elector for president and vice 24 president of the United States. 25 5. "Presidential elector certifying official" shall mean the state 26 official or body that is authorized to certify the appointment of the 27 state's presidential electors. 28 6. "Presidential slate" shall mean a slate of two persons, the first 29 of whom has been nominated as a candidate for president of the United 30 States and the second of whom has been nominated as a candidate for vice 31 president of the United States, or any legal successors to such persons, 32 regardless of whether both names appear on the ballot presented to the 33 voter in a particular state. 34 7. "State" shall mean a state of the United States and the District of 35 Columbia. 36 8. "Statewide popular election" shall mean a general election in which 37 votes are cast for presidential slates by individual voters and counted 38 on a statewide basis. 39 § 2. This act shall take effect immediately; provided that the commis- 40 sioner of the state board of elections shall notify the legislative bill 41 drafting commission upon the occurrence of the adoption of the agreement 42 among the states to elect the president by national popular vote by two 43 or more states in order that the commission may maintain an accurate and 44 timely effective data base of the official text of the laws of the state 45 of New York in furtherance of effecting the provisions of section 44 of 46 the legislative law and section 70-b of the public officers law; 47 provided, however, that this act shall expire and be deemed repealed 48 December 31, 2018 if the states cumulatively possessing a majority of 49 the electoral votes have not enacted the provisions of the agreement 50 among the states to elect the president by national popular vote, and 51 provided that the commissioner of the state board of elections shall 52 notify the legislative bill drafting commission of such expiration.