Senate Bill sb2568

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    Florida Senate - 2007                                  SB 2568

    By Senator Hill





    1-1794-07

  1                      A bill to be entitled

  2         An act relating to presidential elections;

  3         defining terms; establishing the Agreement

  4         Among the States to Elect the President by

  5         National Popular Vote; providing legislative

  6         intent; providing that any state is eligible to

  7         become a member state; requiring a statewide

  8         popular election for President and Vice

  9         President of the United States; establishing a

10         procedure for appointing presidential electors

11         in member states; specifying when the agreement

12         becomes effective; providing for the withdrawal

13         of a member state; requiring notification of

14         member states; specifying that the provisions

15         of the agreement are severable; providing an

16         effective date.

17  

18  Be It Enacted by the Legislature of the State of Florida:

19  

20         Section 1.  The Agreement Among the States to Elect the

21  President by National Popular Vote.--The Agreement Among the

22  States to Elect the President by National Popular Vote is

23  enacted into law and entered into by this state with all

24  states legally joining therein in the form substantially as

25  follows:

26  

27                            Article I

28  

29         DEFINITIONS.--For purposes of this agreement, "chief

30  election official" means the state official or body that is

31  authorized to certify the total number of popular votes for

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    Florida Senate - 2007                                  SB 2568
    1-1794-07




 1  each presidential slate; "chief executive" means the Governor

 2  of a state of the United States or the Mayor of the District

 3  of Columbia; "elector slate" means a slate of candidates who

 4  have been nominated in a state for the position of

 5  presidential elector in association with a presidential slate;

 6  "presidential elector" means an elector for President and Vice

 7  President of the United States; "presidential elector

 8  certifying official" means the state official or body that is

 9  authorized to certify the appointment of the state's

10  presidential electors; "presidential slate" means a slate of

11  two persons, the first of whom has been nominated as a

12  candidate for President of the United States and the second of

13  whom has been nominated as a candidate for Vice President of

14  the United States, or any legal successors to such persons,

15  regardless of whether both names appear on the ballot

16  presented to the voter in a particular state; "state" means a

17  State of the United States and the District of Columbia; and

18  "statewide popular election" means a general election in which

19  votes are cast for presidential slates by individual voters

20  and counted on a statewide basis.

21  

22                            Article II

23  

24         MEMBERSHIP.--Any state of the United States and the

25  District of Columbia may become a member of this agreement by

26  enacting this agreement.

27  

28                           Article III

29  

30         RIGHT OF THE PEOPLE IN MEMBER STATES TO VOTE FOR THE

31  PRESIDENT AND THE VICE PRESIDENT.--Each member state shall

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    Florida Senate - 2007                                  SB 2568
    1-1794-07




 1  conduct a statewide popular election for President and Vice

 2  President of the United States.

 3  

 4                            Article IV

 5  

 6         MANNER OF APPOINTING PRESIDENTIAL ELECTORS IN MEMBER

 7  STATES.--

 8         (1)  Prior to the time set by law for the meeting and

 9  voting by the presidential electors, the chief election

10  official of each member state shall determine the number of

11  votes for each presidential slate in each State of the United

12  States and in the District of Columbia in which votes have

13  been cast in a statewide popular election and shall add such

14  votes together to produce a "national popular vote total" for

15  each presidential slate.

16         (2)  The chief election official of each member state

17  shall designate the presidential slate with the largest

18  national popular vote total as the "national popular vote

19  winner."

20         (3)  The presidential elector certifying official of

21  each member state shall certify the appointment in that

22  official's own state of the elector slate nominated in that

23  state in association with the national popular vote winner.

24         (4)  At least 6 days before the day fixed by law for

25  the meeting and voting by the presidential electors, each

26  member state shall make a final determination of the number of

27  popular votes cast in the state for each presidential slate

28  and shall communicate an official statement of such

29  determination within 24 hours to the chief election official

30  of each other member state.

31  

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    Florida Senate - 2007                                  SB 2568
    1-1794-07




 1         (5)  The chief election official of each member state

 2  shall treat as conclusive an official statement containing the

 3  number of popular votes in a state for each presidential slate

 4  made by the day established by federal law for making a

 5  state's final determination conclusive as to the counting of

 6  electoral votes by Congress.

 7         (6)  In the event of a tie for the national popular

 8  vote winner, the presidential elector certifying official of

 9  each member state shall certify the appointment of the elector

10  slate nominated in association with the presidential slate

11  receiving the largest number of popular votes within that

12  official's own state.

13         (7)  If, for any reason, the number of presidential

14  electors nominated in a member state in association with the

15  national popular vote winner is fewer than or greater than

16  that state's number of electoral votes, the presidential

17  candidate on the presidential slate who has been designated as

18  the national popular vote winner shall have the power to

19  nominate the presidential electors for that state and that

20  state's presidential elector certifying official shall certify

21  the appointment of such nominees.

22         (8)  The chief election official of each member state

23  shall immediately release to the public all vote counts or

24  statements of votes as they are determined or obtained.

25         (9)  This article shall govern the appointment of

26  presidential electors in each member state in any year in

27  which this agreement is, on July 20, in effect in states

28  cumulatively possessing a majority of the electoral votes.

29  

30                            Article V

31  

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    Florida Senate - 2007                                  SB 2568
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 1         OTHER PROVISIONS.--

 2         (1)  This agreement shall take effect when states

 3  cumulatively possessing a majority of the electoral votes have

 4  enacted this agreement in substantially the same form and the

 5  enactments by such states have taken effect in each state.

 6         (2)  Any member state may withdraw from this agreement,

 7  except that a withdrawal occurring 6 months or less before the

 8  end of a President's term does not become effective until a

 9  President or Vice President has been qualified to serve the

10  next term.

11         (3)  The chief executive of each member state shall

12  promptly notify the chief executive of all other states when

13  this agreement has been enacted and has taken effect in that

14  official's state, when the state has withdrawn from this

15  agreement, and when this agreement takes effect generally.

16         (4)  This agreement shall terminate if the electoral

17  college is abolished.

18         (5)  If any provision of this agreement is held

19  invalid, the remaining provisions shall not be affected.

20         Section 2.  This act shall take effect upon becoming a

21  law.

22  

23            *****************************************

24                          SENATE SUMMARY

25    Establishes the Agreement Among the States to Elect the
      President by National Popular Vote. Provides that any
26    state is eligible to become a member state. Requires a
      statewide popular election for President and Vice
27    President of the United States. Establishes a procedure
      for appointing presidential electors in member states.
28    Specifies when and how the agreement becomes effective.
      Provides for the withdrawal of a member state. Specifies
29    that the provisions of the agreement are severable.

30  

31  

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