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A bill to be entitled

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An act relating to presidential elections; defining terms;

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establishing the Agreement Among the States to Elect the

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President by National Popular Vote; providing legislative

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intent; providing that any state is eligible to become a

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member state; requiring a statewide popular election for

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President and Vice President of the United States;

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establishing a procedure for appointing presidential

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electors in member states; specifying when the agreement

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becomes effective; providing for the withdrawal of a

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member state; requiring notification of member states;

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specifying that the provisions of the agreement are

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severable; providing an effective date.

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

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     Section 1. The Agreement Among the States to Elect the

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

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States to Elect the President by National Popular Vote is enacted

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into law and entered into by this state with all states legally

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joining therein in the form substantially as follows:

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Article I

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

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election official" means the state official or body that is

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authorized to certify the total number of popular votes for each

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presidential slate; "chief executive" means the Governor of a

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

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

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been nominated in a state for the position of presidential

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elector in association with a presidential slate; "presidential

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elector" means an elector for President and Vice President of the

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United States; "presidential elector certifying official" means

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the state official or body that is authorized to certify the

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appointment of the state's presidential electors; "presidential

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slate" means a slate of two persons, the first of whom has been

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nominated as a candidate for President of the United States and

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the second of whom has been nominated as a candidate for Vice

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President of the United States, or any legal successors to such

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persons, regardless of whether both names appear on the ballot

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

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

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"statewide popular election" means a general election in which

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votes are cast for presidential slates by individual voters and

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counted on a statewide basis.

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Article II

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

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of Columbia may become a member of this agreement by enacting

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this agreement.

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Article III

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     RIGHT OF THE PEOPLE IN MEMBER STATES TO VOTE FOR THE

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

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conduct a statewide popular election for President and Vice

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President of the United States.

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Article IV

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     MANNER OF APPOINTING PRESIDENTIAL ELECTORS IN MEMBER

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STATES.--

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

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by the presidential electors, the chief election official of each

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member state shall determine the number of votes for each

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presidential slate in each State of the United States and in the

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District of Columbia in which votes have been cast in a statewide

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popular election and shall add such votes together to produce a

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"national popular vote total" for each presidential slate.

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

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designate the presidential slate with the largest national

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popular vote total as the "national popular vote winner."

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     (3) The presidential elector certifying official of each

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member state shall certify the appointment in that official's own

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state of the elector slate nominated in that state in association

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with the national popular vote winner.

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

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meeting and voting by the presidential electors, each member

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state shall make a final determination of the number of popular

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votes cast in the state for each presidential slate and shall

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communicate an official statement of such determination within 24

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hours to the chief election official of each other member state.

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

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treat as conclusive an official statement containing the number

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of popular votes in a state for each presidential slate made by

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the day established by federal law for making a state's final

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determination conclusive as to the counting of electoral votes by

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Congress.

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

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winner, the presidential elector certifying official of each

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member state shall certify the appointment of the elector slate

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nominated in association with the presidential slate receiving

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the largest number of popular votes within that official's own

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state.

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

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nominated in a member state in association with the national

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popular vote winner is fewer than or greater than that state's

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number of electoral votes, the presidential candidate on the

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presidential slate who has been designated as the national

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popular vote winner shall have the power to nominate the

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presidential electors for that state and that state's

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presidential elector certifying official shall certify the

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appointment of such nominees.

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

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immediately release to the public all vote counts or statements

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of votes as they are determined or obtained.

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     (9) This article shall govern the appointment of

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presidential electors in each member state in any year in which

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this agreement is, on July 20, in effect in states cumulatively

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possessing a majority of the electoral votes.

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Article V

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     OTHER PROVISIONS.--

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     (1) This agreement shall take effect when states

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cumulatively possessing a majority of the electoral votes have

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enacted this agreement in substantially the same form and the

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enactments by such states have taken effect in each state.

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

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except that a withdrawal occurring 6 months or less before the

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

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President or Vice President has been qualified to serve the next

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term.

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

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notify the chief executive of all other states when this

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agreement has been enacted and has taken effect in that

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

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agreement, and when this agreement takes effect generally.

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     (4) This agreement shall terminate if the electoral college

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is abolished.

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     (5) If any provision of this agreement is held invalid, the

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remaining provisions shall not be affected.

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