S T A T E   O F   N E W   Y O R K
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                                   489

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by M. of A. DINOWITZ, THIELE, GALEF, LAVINE, KAVANAGH, KELL-
  NER, MILLMAN, SPANO,  GOTTFRIED,  COOK,  JAFFEE,  ENGLEBRIGHT,  PERRY,
  O'DONNELL,  PAULIN, LIFTON, CAMARA, ROBINSON, TITUS, ORTIZ, J. RIVERA,
  RAMOS, BARRON, BOYLAND, BROOK-KRASNY, COLTON, BRENNAN, CASTRO,  LUPAR-
  DO,  MAYERSOHN, ROSENTHAL, McENENY, SCHIMEL, JEFFRIES, GIBSON, HOOPER,
  N. RIVERA, GUNTHER, MAGNARELLI, RUSSELL,  HOYT,  P. RIVERA  --  Multi-
  Sponsored  by  -- M. of A. BOYLE, BURLING, CRESPO, CROUCH, CYMBROWITZ,
  DenDEKKER, DUPREY, FINCH,  GLICK,  HAWLEY,  HEASTIE,  HEVESI,  JACOBS,
  LANCMAN,  LENTOL,  P. LOPEZ,  MAGEE,  MAISEL,  MARKEY, MENG, MOLINARO,
  MURRAY, OAKS, PHEFFER, RAIA, SAYWARD,  SCARBOROUGH,  SWEENEY,  TITONE,
  WEINSTEIN,  ZEBROWSKI  --  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:

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

A. 489                              2

                                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
  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. 489                              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.