assembly Bill A1580B

2009-2010 Legislative Session

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

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Sponsored By

Archive: Last Bill Status Via S2286 - Passed Senate


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jul 01, 2010 ordered to third reading rules cal.508
substituted for a1580b
Jul 01, 2010 substituted by s2286a
rules report cal.508
reported
Jun 30, 2010 reported referred to rules
Jan 06, 2010 referred to election law
Jun 17, 2009 reported referred to rules
Mar 10, 2009 print number 1580b
amend and recommit to election law
Mar 02, 2009 print number 1580a
amend and recommit to election law
Jan 07, 2009 referred to election law

Votes

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Feb 2, 2010 - Elections committee Vote

S2286A
4
0
committee
4
Aye
0
Nay
2
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show committee vote details

Committee Vote: Feb 2, 2010

aye wr (2)
excused (1)

Bill Amendments

Original
A
B (Active)
Original
A
B (Active)

A1580 - Bill Details

See Senate Version of this Bill:
S2286A
Law Section:
Election Law
Laws Affected:
Add Art 12 Title IV §§12-400 & 12-402, El L

A1580 - Bill Texts

view 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.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1580

                       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  --
  Multi-Sponsored by -- M. of A. GLICK, P. LOPEZ, MAGEE, MAISEL, MOLINA-
  RO, SAYWARD, SCARBOROUGH, SWEENEY -- read once  and  referred  to  the
  Committee on Election Law

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.
                                                           LBD02437-02-9

A. 1580                             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 STATE.
  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 OF
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 THE EVENT OF A TIE FOR THE NATIONAL  POPULAR  VOTE  WINNER,  THE
PRESIDENTIAL  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. 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 DESIGNATED AS THE NATIONAL POPULAR VOTE
WINNER  SHALL  HAVE  THE POWER TO NOMINATE THE PRESIDENTIAL ELECTORS FOR
THAT STATE AND THAT STATE'S  PRESIDENTIAL  ELECTOR  CERTIFYING  OFFICIAL
SHALL CERTIFY THE APPOINTMENT OF SUCH NOMINEES. THE CHIEF ELECTION OFFI-
CIAL  OF  EACH  MEMBER STATE SHALL IMMEDIATELY RELEASE TO THE PUBLIC ALL
VOTE COUNTS OR STATEMENTS OF VOTES AS THEY ARE DETERMINED OR OBTAINED.
  7. 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

A. 1580                             3

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.  The  commissioner  of  the  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.
  S 3. This act shall take effect immediately.

Co-Sponsors

view all co-sponsors

A1580A - Bill Details

See Senate Version of this Bill:
S2286A
Law Section:
Election Law
Laws Affected:
Add Art 12 Title IV §§12-400 & 12-402, El L

A1580A - Bill Texts

view 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.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 1580--A

                       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 -- Multi-Sponsored by --  M.  of  A.  GLICK,  P. LOPEZ,
  MAGEE,  MAISEL,  MOLINARO,  SAYWARD, SCARBOROUGH, SWEENEY -- read once
  and referred to the Committee on Election Law -- committee discharged,
  bill amended, 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
  MEMBERSHIP.  ANY STATE OF THE UNITED STATES AND THE DISTRICT OF COLUM-
BIA MAY BECOME A MEMBER OF THIS AGREEMENT BY ENACTING THIS AGREEMENT.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02437-04-9

A. 1580--A                          2

                               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.

                               ARTICLE IV
  OTHER PROVISIONS. THIS AGREEMENT SHALL TAKE EFFECT WHEN STATES CUMULA-
TIVELY  POSSESSING  A  MAJORITY OF THE ELECTORAL VOTES HAVE ENACTED THIS

A. 1580--A                          3

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. The commissioner of the  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.
  S 3. This act shall take effect immediately.

Co-Sponsors

view all co-sponsors

A1580B (ACTIVE) - Bill Details

See Senate Version of this Bill:
S2286A
Law Section:
Election Law
Laws Affected:
Add Art 12 Title IV §§12-400 & 12-402, El L

A1580B (ACTIVE) - Bill Texts

view 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.

view full text
download pdf
                    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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