senate Bill S4208

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

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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

  • 23 / Mar / 2011
    • REFERRED TO ELECTIONS
  • 02 / May / 2011
    • 1ST REPORT CAL.398
  • 03 / May / 2011
    • 2ND REPORT CAL.
  • 04 / May / 2011
    • ADVANCED TO THIRD READING
  • 07 / Jun / 2011
    • PASSED SENATE
  • 07 / Jun / 2011
    • DELIVERED TO ASSEMBLY
  • 07 / Jun / 2011
    • REFERRED TO ELECTION LAW
  • 04 / Jan / 2012
    • DIED IN ASSEMBLY
  • 04 / Jan / 2012
    • RETURNED TO SENATE
  • 04 / Jan / 2012
    • REFERRED TO ELECTIONS
  • 12 / Mar / 2012
    • 1ST REPORT CAL.324
  • 13 / Mar / 2012
    • 2ND REPORT CAL.
  • 14 / Mar / 2012
    • ADVANCED TO THIRD READING
  • 21 / Jun / 2012
    • COMMITTED TO RULES

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 Assembly Version of this Bill:
A489
Versions:
S4208
Legislative Cycle:
2011-2012
Current Committee:
Senate Rules
Law Section:
Election Law
Laws Affected:
Add Art 12 Title IV ยงยง12-400 & 12-402, El L
Versions Introduced in Previous Legislative Cycles:
2011-2012: A489
2009-2010: A1580A, A1580B, S2286A, A1580A, A1580B
2007-2008: A3883A, S7277, A3883A

Sponsor Memo

BILL NUMBER:S4208

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:
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 PROVISIONS:
Section 12-400 - Short title - "agreement among the states to elect
the president by national popular vote".
Section 12-402 Adoption and text of compact

JUSTIFICATION:
Article II 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 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.

LEGISLATIVE HISTORY:
2009-10: S.2286A/A.1580-B - Passed the Senate/Advanced to 3rd Reading
Cal. 508
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:
Immediate with provisions.

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

                                  4208

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             March 23, 2011
                               ___________

Introduced  by  Sen.  GRIFFO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Elections

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
  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01750-01-1

S. 4208                             2

  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.

                               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

S. 4208                             3

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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