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

9 Co-sponsors

• Kevin S. Parker
• Tony Avella
• Phil Boyle
• Terry Gipson
• Brad Hoylman-Sigal
• Liz Krueger
• George D. Maziarz
• Velmanette Montgomery
• Joseph E. Robach

BILL NUMBER:S3149A

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

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 electoral 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 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 states that 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 specify use of the winner-take-all rule. Nationwide popular election of the President can be implemented if the states join together to pass identical 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 Assembly 2013 - S. 3149 Rules Committee/A. 4422 - Passed Assembly.

Fiscal implications

None.

Effective date

Immediate with provisions.