N.Y. Election Law § 12-402: Adoption and text of compact

* § 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

Columbia 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

determine 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

presidential 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

elector slate nominated in that state in association with the national

popular 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

official 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

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.

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

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.

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

cumulatively 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

association 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.

* NB Effective upon notification by the commissioner of the state

board of elections upon the occurence of the adoption of the agreement

among the states to elect the president by national popular vote by two

or more states.