NY Elec L § 12-402 (2021)
2021 New York Laws ELN - Election Article 12 - Presidential Electors and Federal Elected Officers Title 4 - Agreement Among the States to Elect the President by National Popular Vote 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 IMembership.  Any  state  of  the  United  States  and  the District of   Columbia may  become  a  member  of  this  agreement  by  enacting  this   agreement. ARTICLE IIRight  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 IIIManner  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 IVOther  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 VDefinitions. 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.