S3149-2013 - NY Senate Open Legislation - Relates to enacting the agreement among the states to elect the president by national popular vote

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.

Sponsor: GRIFFO

Co-sponsor(s): PARKER, BOYLE, GIPSON, HOYLMAN, KRUEGER

Law Section: Election Law
Law: Add Art 12 Title IV SS12-400 & 12-402, El L

S3149-2013 Actions

Apr 24, 2013: ADVANCED TO THIRD READING
Apr 23, 2013: 2ND REPORT CAL.
Apr 22, 2013: 1ST REPORT CAL.368
Jan 30, 2013: REFERRED TO ELECTIONS

S3149-2013 Meetings

Elections: Apr 22, 2013

S3149-2013 Calendars

Floor Calendar: Apr 23, 2013 , Floor Calendar: Apr 24, 2013 , Floor Calendar: Apr 29, 2013 , Floor Calendar: Apr 30, 2013 , Floor Calendar: May 1, 2013 , Floor Calendar: May 6, 2013 , Floor Calendar: May 7, 2013 , Floor Calendar: May 8, 2013 , Floor Calendar: May 20, 2013 , Floor Calendar: May 21, 2013 , Floor Calendar: May 22, 2013 , Floor Calendar: May 23, 2013

S3149-2013 Votes

VOTE: COMMITTEE VOTE: - Elections - Apr 22, 2013

Ayes (8): O'Mara, Gallivan, Marchione, Nozzolio, Savino, Tkaczyk, Dilan, Krueger
Nays (1): Ball

S3149-2013 Memo

BILL NUMBER:S3149

TITLE  OF BILL:  An act to amend the election law, in relation to enact-
ing 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  elec-
toral 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 enti-
tled 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 know-
ledge 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 spec-
ify use of the winner-take-all rule. Nationwide popular election of  the

President can be implemented if the states join together to pass identi-
cal 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 Assem-
bly

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: Immediate with provisions.

S3149-2013 Text


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

                                    3149

                         2013-2014 Regular Sessions

                              I N  SENATE

                              January 30, 2013
                                 ___________

  Introduced  by  Sens.  GRIFFO, PARKER -- 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.
                                                             LBD02626-01-3

 S. 3149                             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. 3149                             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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S3149-2013: Relates to enacting the agreement among the states to elect the president by national popular vote