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
1
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Florida Senate - 2007 SB 2568
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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
2
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Florida Senate - 2007 SB 2568
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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
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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
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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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