A04422 Summary:
BILL NO | A04422A |
  | |
SAME AS | SAME AS S03149-A |
  | |
SPONSOR | Dinowitz (MS) |
  | |
COSPNSR | Thiele, Millman, Galef, Lavine, Kavanagh, Gottfried, Cook, Jaffee, Titus, Englebright, Perry, O'Donnell, Paulin, Lifton, Camara, Robinson, Ortiz, Rivera, Ramos, Quart, Brook-Krasny, Colton, Brennan, Schimel, Hooper, Lupardo, Gunther, Rosenthal, Weprin, Miller, Magnarelli, Rodriguez, Goldfeder, Zebrowski, Steck, Sepulveda, Stirpe, Mosley, Kim, Skoufis, Gjonaj, Braunstein, Mayer, Benedetto, Roberts |
  | |
MLTSPNSR | Abinanti, Arroyo, Barrett, Brindisi, Crespo, Crouch, Cymbrowitz, DenDekker, Duprey, Fahy, Glick, Hawley, Heastie, Hennessey, Jacobs, Kearns, Lentol, Lopez P, Magee, Markey, McDonald, McDonough, Montesano, Moya, Oaks, Otis, Rozic, Ryan, Scarborough, Skartados, Solages, Sweeney, Titone, Weinstein, Weisenberg |
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Add Art 12 Title IV SS12-400 & 12-402, El L | |
  | |
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. |
A04422 Actions:
BILL NO | A04422A | ||||||||||||||||||||||||||||||||||||||||||||||||||
  | |||||||||||||||||||||||||||||||||||||||||||||||||||
02/05/2013 | referred to election law | ||||||||||||||||||||||||||||||||||||||||||||||||||
06/12/2013 | reported referred to rules | ||||||||||||||||||||||||||||||||||||||||||||||||||
06/12/2013 | reported | ||||||||||||||||||||||||||||||||||||||||||||||||||
06/12/2013 | rules report cal.215 | ||||||||||||||||||||||||||||||||||||||||||||||||||
06/12/2013 | ordered to third reading rules cal.215 | ||||||||||||||||||||||||||||||||||||||||||||||||||
06/12/2013 | passed assembly | ||||||||||||||||||||||||||||||||||||||||||||||||||
06/12/2013 | delivered to senate | ||||||||||||||||||||||||||||||||||||||||||||||||||
06/12/2013 | REFERRED TO ELECTIONS | ||||||||||||||||||||||||||||||||||||||||||||||||||
01/08/2014 | DIED IN SENATE | ||||||||||||||||||||||||||||||||||||||||||||||||||
01/08/2014 | RETURNED TO ASSEMBLY | ||||||||||||||||||||||||||||||||||||||||||||||||||
01/08/2014 | ordered to third reading cal.202 | ||||||||||||||||||||||||||||||||||||||||||||||||||
03/18/2014 | amended on third reading 4422a | ||||||||||||||||||||||||||||||||||||||||||||||||||
03/25/2014 | substituted by s3149a | ||||||||||||||||||||||||||||||||||||||||||||||||||
  | S03149 AMEND=A GRIFFO | ||||||||||||||||||||||||||||||||||||||||||||||||||
  | 01/30/2013 | REFERRED TO ELECTIONS | |||||||||||||||||||||||||||||||||||||||||||||||||
  | 04/22/2013 | 1ST REPORT CAL.368 | |||||||||||||||||||||||||||||||||||||||||||||||||
  | 04/23/2013 | 2ND REPORT CAL. | |||||||||||||||||||||||||||||||||||||||||||||||||
  | 04/24/2013 | ADVANCED TO THIRD READING | |||||||||||||||||||||||||||||||||||||||||||||||||
  | 06/21/2013 | COMMITTED TO RULES | |||||||||||||||||||||||||||||||||||||||||||||||||
  | 01/08/2014 | REFERRED TO ELECTIONS | |||||||||||||||||||||||||||||||||||||||||||||||||
  | 02/10/2014 | 1ST REPORT CAL.152 | |||||||||||||||||||||||||||||||||||||||||||||||||
  | 02/11/2014 | 2ND REPORT CAL. | |||||||||||||||||||||||||||||||||||||||||||||||||
  | 02/26/2014 | ADVANCED TO THIRD READING | |||||||||||||||||||||||||||||||||||||||||||||||||
  | 03/18/2014 | AMENDED ON THIRD READING 3149A | |||||||||||||||||||||||||||||||||||||||||||||||||
  | 03/25/2014 | PASSED SENATE | |||||||||||||||||||||||||||||||||||||||||||||||||
  | 03/25/2014 | DELIVERED TO ASSEMBLY | |||||||||||||||||||||||||||||||||||||||||||||||||
  | 03/25/2014 | referred to election law | |||||||||||||||||||||||||||||||||||||||||||||||||
  | 03/25/2014 | substituted for a4422a | |||||||||||||||||||||||||||||||||||||||||||||||||
  | 03/25/2014 | passed assembly | |||||||||||||||||||||||||||||||||||||||||||||||||
  | 03/25/2014 | returned to senate | |||||||||||||||||||||||||||||||||||||||||||||||||
  | 04/14/2014 | DELIVERED TO GOVERNOR | |||||||||||||||||||||||||||||||||||||||||||||||||
  | 04/15/2014 | SIGNED CHAP.19 |
A04422 Floor Votes:
No
Abbate
Yes
Crespo
No
Goodell
Yes
Lupardo
Yes
Paulin
Yes
Simanowitz
Yes
Abinanti
Yes
Crouch
Yes
Gottfried
Yes
Lupinacci
No
Peoples-Stokes
No
Simotas
Yes
Arroyo
Yes
Curran
No
Graf
Yes
Magee
Yes
Perry
Yes
Skartados
No
Aubry
Yes
Cusick
Yes
Gunther
Yes
Magnarelli
No
Pretlow
Yes
Skoufis
Yes
Barclay
Yes
Cymbrowitz
No
Hawley
Yes
Maisel
ER
Quart
Yes
Solages
Yes
Barrett
ER
DenDekker
Yes
Heastie
No
Malliotakis
Yes
Ra
No
Stec
Yes
Barron
Yes
Dinowitz
Yes
Hennessey
Yes
Markey
Yes
Rabbitt
Yes
Steck
Yes
Benedetto
No
DiPietro
No
Hevesi
Yes
Mayer
No
Raia
ER
Stevenson
Yes
Blankenbush
Yes
Duprey
Yes
Hikind
Yes
McDonald
Yes
Ramos
Yes
Stirpe
No
Borelli
Yes
Englebright
Yes
Hooper
Yes
McDonough
No
Reilich
Yes
Sweeney
AB
Boyland
Yes
Espinal
Yes
Jacobs
Yes
McKevitt
ER
Rivera
Yes
Tedisco
Yes
Braunstein
Yes
Fahy
Yes
Jaffee
No
McLaughlin
Yes
Roberts
No
Tenney
Yes
Brennan
No
Farrell
Yes
Johns
Yes
Miller
Yes
Robinson
Yes
Thiele
Yes
Brindisi
No
Finch
No
Jordan
Yes
Millman
ER
Rodriguez
Yes
Titone
No
Bronson
No
Fitzpatrick
No
Katz
Yes
Montesano
Yes
Rosa
Yes
Titus
Yes
Brook-Krasny
No
Friend
Yes
Kavanagh
No
Morelle
Yes
Rosenthal
No
Walter
No
Buchwald
Yes
Gabryszak
Yes
Kearns
Yes
Mosley
Yes
Rozic
Yes
Weinstein
Yes
Butler
Yes
Galef
ER
Kellner
Yes
Moya
No
Russell
Yes
Weisenberg
No
Cahill
No
Gantt
Yes
Kim
Yes
Nojay
Yes
Ryan
Yes
Weprin
Yes
Camara
No
Garbarino
No
Kolb
No
Nolan
Yes
Saladino
No
Wright
Yes
Ceretto
Yes
Gibson
No
Lalor
No
Oaks
Yes
Santabarbara
Yes
Zebrowski
No
Clark
Yes
Giglio
Yes
Lavine
Yes
O'Donnell
Yes
Scarborough
Yes
Mr. Speaker
Yes
Colton
Yes
Gjonaj
Yes
Lentol
No
Ortiz
Yes
Schimel
Yes
Cook
Yes
Glick
Yes
Lifton
Yes
Otis
No
Schimminger
Yes
Corwin
Yes
Goldfeder
Yes
Lopez
No
Palmesano
Yes
Sepulveda
‡ Indicates voting via videoconference
A04422 Memo:
Go to topNEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)   BILL NUMBER: A4422A SPONSOR: Dinowitz (MS)
  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 OR GENERAL IDEA OF BILL: To make an interstate agreement among member states to award their elec- toral 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 SPECIFIC PROVISIONS: Section 12-400 - Short title -"agreement among the states to elect the president by national popular vote" Section 12-402 - Adoption and text compact.   JUSTIFICATION: Article 11 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 party affiliation alone. An office that is representing all 50 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 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.   PRIOR LEGISLATIVE HISTORY: 2011-12- A.489- Advanced to 3rd Reading Ca1.15/S.4208- Passed Senate 2009-10- A.1580-A- Advanced to 3rd Reading cal. 508/S.2286-Passed Senate 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: This act shall take effect immediately; provided that the commissioner of the State Board of Elections shall notify the Legislative Bill Draft- ing Commission upon the concurrence 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
A04422 Text:
Go to top STATE OF NEW YORK ________________________________________________________________________ 4422--A Cal. No. 202 2013-2014 Regular Sessions IN ASSEMBLY February 5, 2013 ___________ Introduced by M. of A. DINOWITZ, THIELE, MILLMAN, GALEF, LAVINE, KAVANAGH, GOTTFRIED, COOK, JAFFEE, TITUS, ENGLEBRIGHT, PERRY, O'DONNELL, PAULIN, LIFTON, CAMARA, ROBINSON, ORTIZ, RIVERA, RAMOS, QUART, BROOK-KRASNY, COLTON, BRENNAN, SCHIMEL, HOOPER, LUPARDO, GUNTHER, ROSENTHAL, WEPRIN, MILLER, MAGNARELLI, RODRIGUEZ, GOLDFEDER, ZEBROWSKI, STECK, SEPULVEDA, STIRPE, MOSLEY, KIM, SKOUFIS, GJONAJ, BRAUNSTEIN, MAYER, BENEDETTO -- Multi-Sponsored by -- M. of A. ABINAN- TI, ARROYO, BARRETT, BRINDISI, CRESPO, CROUCH, CYMBROWITZ, DenDEKKER, DUPREY, FAHY, GLICK, HAWLEY, HEASTIE, HENNESSEY, JACOBS, KEARNS, LENTOL, P. LOPEZ, MAGEE, MARKEY, McDONALD, McDONOUGH, MONTESANO, MOYA, OAKS, OTIS, ROSA, ROZIC, RYAN, SCARBOROUGH, SIMANOWITZ, SKARTADOS, SOLAGES, SWEENEY, TITONE, WEINSTEIN, WEISENBERG -- read once and referred to the Committee on Election Law -- advanced to a third read- ing, amended and ordered reprinted, retaining its place on 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: 1 Section 1. Article 12 of the election law is amended by adding a new 2 title 4 to read as follows: 3 TITLE IV 4 AGREEMENT AMONG THE STATES TO ELECT THE 5 PRESIDENT BY NATIONAL POPULAR VOTE 6 Section 12-400. Short title. 7 12-402. Adoption and text of compact. 8 § 12-400. Short title. This title shall be known and may be cited as 9 "agreement among the states to elect the president by national popular 10 vote". EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD02626-06-4A. 4422--A 2 1 § 12-402. Adoption and text of compact. The agreement among the states 2 to elect the president by national popular vote is adopted and enacted 3 into law as follows: 4 ARTICLE I 5 Membership. Any state of the United States and the District of Colum- 6 bia may become a member of this agreement by enacting this agreement. 7 ARTICLE II 8 Right of the people in member states to vote for president and vice 9 president. Each member state shall conduct a statewide popular election 10 for president and vice president of the United States. 11 ARTICLE III 12 Manner of appointing presidential electors in member states. 1. Prior 13 to the time set by law for the meeting and voting by the presidential 14 electors, the chief election official of each member state shall deter- 15 mine the number of votes for each presidential slate in each state of 16 the United States and in the District of Columbia in which votes have 17 been cast in a statewide popular election and shall add such votes 18 together to produce a "national popular vote total" for each presiden- 19 tial slate. 20 2. The chief election official of each member state shall designate 21 the presidential slate with the largest national popular vote total as 22 the "national popular vote winner". 23 3. The presidential elector certifying official of each member state 24 shall certify the appointment in that official's own state of the elec- 25 tor slate nominated in that state in association with the national popu- 26 lar vote winner. 27 4. At least six days before the day fixed by law for the meeting and 28 voting by the presidential electors, each member state shall make a 29 final determination of the number of popular votes cast in the state for 30 each presidential slate and shall communicate an official statement of 31 such determination within twenty-four hours to the chief election offi- 32 cial of each other member state. 33 5. The chief election official of each member state shall treat as 34 conclusive an official statement containing the number of popular votes 35 in a state for each presidential slate made by the day established by 36 federal law for making a state's final determination conclusive as to 37 the counting of electoral votes by congress. 38 6. In event of a tie for the national popular vote winner, the presi- 39 dential elector certifying official of each member state shall certify 40 the appointment of the elector slate nominated in association with the 41 presidential slate receiving the largest number of popular votes within 42 that official's own state. 43 7. If, for any reason, the number of presidential electors nominated 44 in a member state in association with the national popular vote winner 45 is less than or greater than that state's number of electoral votes, the 46 presidential candidate on the presidential slate that has been desig- 47 nated as the national popular vote winner shall have the power to nomi- 48 nate the presidential electors for that state and that state's presiden- 49 tial elector certifying official shall certify the appointment of such 50 nominees. 51 8. The chief election official of each member state shall immediately 52 release to the public all vote counts or statements of votes as they are 53 determined or obtained.A. 4422--A 3 1 9. This article shall govern the appointment of presidential electors 2 in each member state in any year in which this agreement is, on July 3 twentieth, in effect in states cumulatively possessing a majority of the 4 electoral votes. 5 ARTICLE IV 6 Other provisions. This agreement shall take effect when states cumula- 7 tively possessing a majority of the electoral votes have enacted this 8 agreement in substantially the same form and the enactments by such 9 states have taken effect in each state. Any member state may withdraw 10 from this agreement, except that a withdrawal occurring six months or 11 less before the end of a president's term shall not become effective 12 until a president or vice president shall have been qualified to serve 13 the next term. The chief executive of each member state shall promptly 14 notify the chief executive of all other states of when this agreement 15 has been enacted and has taken effect in that official's state, when the 16 state has withdrawn from this agreement, and when this agreement takes 17 effect generally. 18 This agreement shall terminate if the electoral college is abolished. 19 If any provision of this agreement is held invalid, the remaining 20 provisions shall not be affected. 21 ARTICLE V 22 Definitions. For purposes of this agreement: 23 1. "Chief executive" shall mean the governor of a state of the United 24 States or the mayor of the District of Columbia. 25 2. "Elector slate" shall mean a slate of candidates who have been 26 nominated in a state for the position of presidential elector in associ- 27 ation with a presidential slate. 28 3. "Chief election official" shall mean the state official or body 29 that is authorized to certify the total number of popular votes for each 30 presidential slate. 31 4. "Presidential elector" shall mean an elector for president and vice 32 president of the United States. 33 5. "Presidential elector certifying official" shall mean the state 34 official or body that is authorized to certify the appointment of the 35 state's presidential electors. 36 6. "Presidential slate" shall mean a slate of two persons, the first 37 of whom has been nominated as a candidate for president of the United 38 States and the second of whom has been nominated as a candidate for vice 39 president of the United States, or any legal successors to such persons, 40 regardless of whether both names appear on the ballot presented to the 41 voter in a particular state. 42 7. "State" shall mean a state of the United States and the District of 43 Columbia. 44 8. "Statewide popular election" shall mean a general election in which 45 votes are cast for presidential slates by individual voters and counted 46 on a statewide basis. 47 § 2. This act shall take effect immediately; provided that the commis- 48 sioner of the state board of elections shall notify the legislative bill 49 drafting commission upon the occurrence of the adoption of the agreement 50 among the states to elect the president by national popular vote by two 51 or more states in order that the commission may maintain an accurate and 52 timely effective data base of the official text of the laws of the state 53 of New York in furtherance of effecting the provisions of section 44 of 54 the legislative law and section 70-b of the public officers law;A. 4422--A 4 1 provided, however, that this act shall expire and be deemed repealed 2 December 31, 2018 if the states cumulatively possessing a majority of 3 the electoral votes have not enacted the provisions of the agreement 4 among the states to elect the president by national popular vote, and 5 provided that the commissioner of the state board of elections shall 6 notify the legislative bill drafting commission of such expiration.