senate Bill S3149A

Signed by Governor

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 by Governor
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  • 30 / Jan / 2013
    • REFERRED TO ELECTIONS
  • 22 / Apr / 2013
    • 1ST REPORT CAL.368
  • 23 / Apr / 2013
    • 2ND REPORT CAL.
  • 24 / Apr / 2013
    • ADVANCED TO THIRD READING
  • 21 / Jun / 2013
    • COMMITTED TO RULES
  • 08 / Jan / 2014
    • REFERRED TO ELECTIONS
  • 10 / Feb / 2014
    • 1ST REPORT CAL.152
  • 11 / Feb / 2014
    • 2ND REPORT CAL.
  • 26 / Feb / 2014
    • ADVANCED TO THIRD READING
  • 18 / Mar / 2014
    • AMENDED ON THIRD READING 3149A
  • 25 / Mar / 2014
    • PASSED SENATE
  • 25 / Mar / 2014
    • DELIVERED TO ASSEMBLY
  • 25 / Mar / 2014
    • REFERRED TO ELECTION LAW
  • 25 / Mar / 2014
    • SUBSTITUTED FOR A4422A
  • 25 / Mar / 2014
    • PASSED ASSEMBLY
  • 25 / Mar / 2014
    • RETURNED TO SENATE
  • 14 / Apr / 2014
    • DELIVERED TO GOVERNOR
  • 15 / Apr / 2014
    • SIGNED CHAP.19

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:
A4422A
Versions:
S3149
S3149A
Legislative Cycle:
2013-2014
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, S4208, A489
2009-2010: A1580A, A1580B, S2286A, A1580A, A1580B
2007-2008: A3883A, S7277, A3883A

Sponsor Memo

BILL NUMBER:S3149A

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 upon states
that 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: 2011 - S. 4208 - passed Senate/A. 489 - Held on
Calendar 2012 - Rules Committee in Senate/Elections Committee in
Assembly 2013 - S. 3149 Rules Committee/A. 4422 - Passed Assembly.

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
________________________________________________________________________

                                 3149--A
    Cal. No. 152

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            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:

  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02626-07-4

S. 3149--A                          2

  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.

                               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

S. 3149--A                          3

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;
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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