assembly Bill A1580B

Relates to enacting the agreement among the states to elect the president by national popular vote

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Sponsor

DINOWITZ

Co-Sponsors

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Multi-Sponsors

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 07 / Jan / 2009
    • REFERRED TO ELECTION LAW
  • 02 / Mar / 2009
    • AMEND AND RECOMMIT TO ELECTION LAW
  • 02 / Mar / 2009
    • PRINT NUMBER 1580A
  • 10 / Mar / 2009
    • AMEND AND RECOMMIT TO ELECTION LAW
  • 10 / Mar / 2009
    • PRINT NUMBER 1580B
  • 17 / Jun / 2009
    • REPORTED REFERRED TO RULES
  • 06 / Jan / 2010
    • REFERRED TO ELECTION LAW
  • 30 / Jun / 2010
    • REPORTED REFERRED TO RULES
  • 01 / Jul / 2010
    • REPORTED
  • 01 / Jul / 2010
    • RULES REPORT CAL.508
  • 01 / Jul / 2010
    • SUBSTITUTED BY S2286A

Summary

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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Bill Details

See Senate Version of this Bill:
S2286A
Versions:
A1580
A1580A
A1580B
Legislative Cycle:
2009-2010
Law Section:
Election Law
Laws Affected:
Add Art 12 Title IV ยงยง12-400 & 12-402, El L
Versions Introduced in 2007-2008 Legislative Cycle:
A3883A, S7277
view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 1580--B

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  M.  of  A.  DINOWITZ,  THIELE,  GALEF, LAVINE, KAVANAGH,
  EDDINGTON, KELLNER, MILLMAN, FIELDS, SPANO, GOTTFRIED,  COOK,  JAFFEE,
  PERALTA,  ENGLEBRIGHT, PERRY, KOON, O'DONNELL, PAULIN, WRIGHT, LIFTON,
  CAMARA, ALESSI, ROBINSON, ESPAILLAT, TITUS, ORTIZ, GREENE,  J. RIVERA,
  POWELL,  RAMOS,  BARRON  --  Multi-Sponsored  by  --  M.  of A. GLICK,
  P. LOPEZ, MAGEE, MAISEL, MENG, MOLINARO, SAYWARD, SCARBOROUGH, SWEENEY
  -- read once and referred to the Committee on Election Law --  commit-
  tee  discharged, bill amended, ordered reprinted as amended and recom-
  mitted to said committee -- again reported from  said  committee  with
  amendments,  ordered  reprinted  as  amended  and  recommitted to said
  committee

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:

  Section 1. Article 12 of the election law is amended by adding  a  new
title 4 to read as follows:
                                 TITLE IV
                 AGREEMENT AMONG THE STATES TO ELECT THE
                   PRESIDENT BY NATIONAL POPULAR VOTE
SECTION 12-400. SHORT TITLE.
        12-402. ADOPTION AND TEXT OF COMPACT.
  S  12-400.  SHORT TITLE. THIS TITLE SHALL BE KNOWN AND MAY BE CITED AS
"AGREEMENT AMONG THE STATES TO ELECT THE PRESIDENT BY  NATIONAL  POPULAR
VOTE".
  S 12-402. ADOPTION AND TEXT OF COMPACT. THE AGREEMENT AMONG THE STATES
TO  ELECT  THE PRESIDENT BY NATIONAL POPULAR VOTE IS ADOPTED AND ENACTED
INTO LAW AS FOLLOWS:

                                ARTICLE I

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02437-06-9

A. 1580--B                          2

  MEMBERSHIP. ANY STATE OF THE UNITED STATES AND THE DISTRICT OF  COLUM-
BIA MAY BECOME A MEMBER OF THIS AGREEMENT BY ENACTING THIS AGREEMENT.

                               ARTICLE II
  RIGHT  OF  THE  PEOPLE IN MEMBER STATES TO VOTE FOR PRESIDENT AND VICE
PRESIDENT. EACH MEMBER STATE SHALL CONDUCT A STATEWIDE POPULAR  ELECTION
FOR PRESIDENT AND VICE PRESIDENT OF THE UNITED STATES.

                               ARTICLE III
  MANNER OF APPOINTING PRESIDENTIAL ELECTORS IN MEMBER STATES. 1.  PRIOR
TO  THE  TIME  SET BY LAW FOR THE MEETING AND VOTING BY THE PRESIDENTIAL
ELECTORS, THE CHIEF ELECTION OFFICIAL OF EACH MEMBER STATE SHALL  DETER-
MINE  THE  NUMBER  OF VOTES FOR EACH PRESIDENTIAL SLATE IN EACH STATE OF
THE UNITED STATES AND IN THE DISTRICT OF COLUMBIA IN  WHICH  VOTES  HAVE
BEEN  CAST  IN  A  STATEWIDE  POPULAR  ELECTION AND SHALL ADD SUCH VOTES
TOGETHER TO PRODUCE A "NATIONAL POPULAR VOTE TOTAL" FOR  EACH  PRESIDEN-
TIAL SLATE.
  2.  THE  CHIEF  ELECTION OFFICIAL OF EACH MEMBER STATE SHALL DESIGNATE
THE PRESIDENTIAL SLATE WITH THE LARGEST NATIONAL POPULAR VOTE  TOTAL  AS
THE "NATIONAL POPULAR VOTE WINNER".
  3.  THE  PRESIDENTIAL ELECTOR CERTIFYING OFFICIAL OF EACH MEMBER STATE
SHALL CERTIFY THE APPOINTMENT IN THAT OFFICIAL'S OWN STATE OF THE  ELEC-
TOR SLATE NOMINATED IN THAT STATE IN ASSOCIATION WITH THE NATIONAL POPU-
LAR VOTE WINNER.
  4.  AT  LEAST SIX DAYS BEFORE THE DAY FIXED BY LAW FOR THE MEETING AND
VOTING BY THE PRESIDENTIAL ELECTORS, EACH  MEMBER  STATE  SHALL  MAKE  A
FINAL DETERMINATION OF THE NUMBER OF POPULAR VOTES CAST IN THE STATE FOR
EACH  PRESIDENTIAL  SLATE AND SHALL COMMUNICATE AN OFFICIAL STATEMENT OF
SUCH DETERMINATION WITHIN TWENTY-FOUR HOURS TO THE CHIEF ELECTION  OFFI-
CIAL OF EACH OTHER MEMBER STATE.
  5.  THE  CHIEF  ELECTION  OFFICIAL OF EACH MEMBER STATE SHALL TREAT AS
CONCLUSIVE AN OFFICIAL STATEMENT CONTAINING THE NUMBER OF POPULAR  VOTES
IN  A  STATE  FOR EACH PRESIDENTIAL SLATE MADE BY THE DAY ESTABLISHED BY
FEDERAL LAW FOR MAKING A STATE'S FINAL DETERMINATION  CONCLUSIVE  AS  TO
THE COUNTING OF ELECTORAL VOTES BY CONGRESS.
  6.  IN EVENT OF A TIE FOR THE NATIONAL POPULAR VOTE WINNER, THE PRESI-
DENTIAL ELECTOR CERTIFYING OFFICIAL OF EACH MEMBER STATE  SHALL  CERTIFY
THE  APPOINTMENT  OF THE ELECTOR SLATE NOMINATED IN ASSOCIATION WITH THE
PRESIDENTIAL SLATE RECEIVING THE LARGEST NUMBER OF POPULAR VOTES  WITHIN
THAT OFFICIAL'S OWN STATE.
  7.  IF,  FOR ANY REASON, THE NUMBER OF PRESIDENTIAL ELECTORS NOMINATED
IN A MEMBER STATE IN ASSOCIATION WITH THE NATIONAL POPULAR  VOTE  WINNER
IS LESS THAN OR GREATER THAN THAT STATE'S NUMBER OF ELECTORAL VOTES, THE
PRESIDENTIAL  CANDIDATE  ON  THE PRESIDENTIAL SLATE THAT HAS BEEN DESIG-
NATED AS THE NATIONAL POPULAR VOTE WINNER SHALL HAVE THE POWER TO  NOMI-
NATE THE PRESIDENTIAL ELECTORS FOR THAT STATE AND THAT STATE'S PRESIDEN-
TIAL  ELECTOR  CERTIFYING OFFICIAL SHALL CERTIFY THE APPOINTMENT OF SUCH
NOMINEES.
  8. THE CHIEF ELECTION OFFICIAL OF EACH MEMBER STATE SHALL  IMMEDIATELY
RELEASE TO THE PUBLIC ALL VOTE COUNTS OR STATEMENTS OF VOTES AS THEY ARE
DETERMINED OR OBTAINED.
  9.  THIS ARTICLE SHALL GOVERN THE APPOINTMENT OF PRESIDENTIAL ELECTORS
IN EACH MEMBER STATE IN ANY YEAR IN WHICH THIS  AGREEMENT  IS,  ON  JULY
TWENTIETH, IN EFFECT IN STATES CUMULATIVELY POSSESSING A MAJORITY OF THE
ELECTORAL VOTES.

A. 1580--B                          3

                               ARTICLE IV
  OTHER PROVISIONS. THIS AGREEMENT SHALL TAKE EFFECT WHEN STATES CUMULA-
TIVELY  POSSESSING  A  MAJORITY OF THE ELECTORAL VOTES HAVE ENACTED THIS
AGREEMENT IN SUBSTANTIALLY THE SAME FORM  AND  THE  ENACTMENTS  BY  SUCH
STATES  HAVE  TAKEN  EFFECT IN EACH STATE. ANY MEMBER STATE MAY WITHDRAW
FROM THIS AGREEMENT, EXCEPT THAT A WITHDRAWAL OCCURRING  SIX  MONTHS  OR
LESS  BEFORE  THE  END  OF A PRESIDENT'S TERM SHALL NOT BECOME EFFECTIVE
UNTIL A PRESIDENT OR VICE PRESIDENT SHALL HAVE BEEN QUALIFIED  TO  SERVE
THE  NEXT  TERM. THE CHIEF EXECUTIVE OF EACH MEMBER STATE SHALL PROMPTLY
NOTIFY THE CHIEF EXECUTIVE OF ALL OTHER STATES OF  WHEN  THIS  AGREEMENT
HAS BEEN ENACTED AND HAS TAKEN EFFECT IN THAT OFFICIAL'S STATE, WHEN THE
STATE  HAS  WITHDRAWN FROM THIS AGREEMENT, AND WHEN THIS AGREEMENT TAKES
EFFECT GENERALLY.
  THIS AGREEMENT SHALL TERMINATE IF THE ELECTORAL COLLEGE IS ABOLISHED.
  IF ANY PROVISION OF THIS AGREEMENT  IS  HELD  INVALID,  THE  REMAINING
PROVISIONS SHALL NOT BE AFFECTED.

                                ARTICLE V
  DEFINITIONS. FOR PURPOSES OF THIS AGREEMENT:
  1.  "CHIEF EXECUTIVE" SHALL MEAN THE GOVERNOR OF A STATE OF THE UNITED
STATES OR THE MAYOR OF THE DISTRICT OF COLUMBIA.
  2. "ELECTOR SLATE" SHALL MEAN A SLATE  OF  CANDIDATES  WHO  HAVE  BEEN
NOMINATED IN A STATE FOR THE POSITION OF PRESIDENTIAL ELECTOR IN ASSOCI-
ATION WITH A PRESIDENTIAL SLATE.
  3.  "CHIEF  ELECTION  OFFICIAL"  SHALL MEAN THE STATE OFFICIAL OR BODY
THAT IS AUTHORIZED TO CERTIFY THE TOTAL NUMBER OF POPULAR VOTES FOR EACH
PRESIDENTIAL SLATE.
  4. "PRESIDENTIAL ELECTOR" SHALL MEAN AN ELECTOR FOR PRESIDENT AND VICE
PRESIDENT OF THE UNITED STATES.
  5. "PRESIDENTIAL ELECTOR CERTIFYING OFFICIAL"  SHALL  MEAN  THE  STATE
OFFICIAL  OR  BODY  THAT IS AUTHORIZED TO CERTIFY THE APPOINTMENT OF THE
STATE'S PRESIDENTIAL ELECTORS.
  6. "PRESIDENTIAL SLATE" SHALL MEAN A SLATE OF TWO PERSONS,  THE  FIRST
OF  WHOM  HAS  BEEN NOMINATED AS A CANDIDATE FOR PRESIDENT OF THE UNITED
STATES AND THE SECOND OF WHOM HAS BEEN NOMINATED AS A CANDIDATE FOR VICE
PRESIDENT OF THE UNITED STATES, OR ANY LEGAL SUCCESSORS TO SUCH PERSONS,
REGARDLESS OF WHETHER BOTH NAMES APPEAR ON THE BALLOT PRESENTED  TO  THE
VOTER IN A PARTICULAR STATE.
  7. "STATE" SHALL MEAN A STATE OF THE UNITED STATES AND THE DISTRICT OF
COLUMBIA.
  8. "STATEWIDE POPULAR ELECTION" SHALL MEAN A GENERAL ELECTION IN WHICH
VOTES  ARE CAST FOR PRESIDENTIAL SLATES BY INDIVIDUAL VOTERS AND COUNTED
ON A STATEWIDE BASIS.
  S 2. This act shall take effect immediately; provided that the commis-
sioner of the state board of elections shall notify the legislative bill
drafting commission upon the occurrence 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.

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