Florida Senate - 2009 SB 518
By Senator Hill
1-00613-09 2009518__
1 A bill to be entitled
2 An act relating to presidential elections; defining
3 terms; establishing the Agreement Among the States to
4 Elect the President by National Popular Vote;
5 providing legislative intent; providing a method by
6 which any state may become a member state; requiring a
7 statewide popular election for President and Vice
8 President of the United States; establishing a
9 procedure for appointing presidential electors in
10 member states; providing that the agreement becomes
11 effective upon the occurrence of specified actions;
12 providing for the withdrawal of a member state;
13 requiring notification of member states when the
14 agreement takes effect in a previously nonmember state
15 or when a member state withdraws from the agreement;
16 providing for severability; providing an effective
17 date.
18
19 Be It Enacted by the Legislature of the State of Florida:
20
21 Section 1. The Agreement Among the States to Elect the
22 President by National Popular Vote.—The Agreement Among the
23 States to Elect the President by National Popular Vote is
24 enacted into law and entered into by this state with all states
25 legally joining therein in the form substantially as follows:
26 Article I
27 DEFINITIONS.—For purposes of this agreement:
28 (1) “Chief election official” means the state official or
29 body that is authorized to certify the total number of popular
30 votes for each presidential slate.
31 (2) “Chief executive” means the Governor of a state of the
32 United States or the Mayor of the District of Columbia.
33 (3) “Elector slate” means a slate of candidates who have
34 been nominated in a state for the position of presidential
35 elector in association with a presidential slate.
36 (4) “Presidential elector” means an elector for President
37 and Vice President of the United States.
38 (5) “Presidential elector certifying official” means the
39 state official or body authorized to certify the appointment of
40 the state's presidential electors.
41 (6) “Presidential slate” means a slate of two persons, the
42 first of whom has been nominated as a candidate for President of
43 the United States and the second of whom has been nominated as a
44 candidate for Vice President of the United States, or any legal
45 successors to such persons, regardless of whether both names
46 appear on the ballot presented to the voter in a particular
47 state.
48 (7) “State“ means a state of the United States or the
49 District of Columbia.
50 (8) “Statewide popular election” means a general election
51 in which votes are cast for presidential slates by individual
52 voters and counted on a statewide basis.
53 Article II
54 MEMBERSHIP.—Any state of the United States or the District
55 of Columbia may become a member of the league of states
56 officially supporting this agreement by enacting this agreement.
57 Article III
58 RIGHT OF THE PEOPLE IN MEMBER STATES TO VOTE FOR THE
59 PRESIDENT AND THE VICE PRESIDENT.—Each member state shall
60 conduct a statewide popular election for President and Vice
61 President of the United States.
62 Article IV
63 MANNER OF APPOINTING PRESIDENTIAL ELECTORS IN MEMBER
64 STATES.—
65 (1) Before the time set by law for the meeting of and
66 voting by the presidential electors, the chief election official
67 of each member state shall determine the number of votes cast in
68 a statewide popular election for each presidential slate in each
69 state of the United States and in the District of Columbia and
70 shall add the total number of votes from each state to produce a
71 national popular vote total for each presidential slate.
72 (2) The chief election official of each member state shall
73 designate the presidential slate having the largest national
74 popular vote total as the national popular vote winner.
75 (3) The presidential elector certifying official of each
76 member state shall certify the appointment in that official's
77 respective state of the elector slate nominated by that state in
78 association with the national popular vote winner.
79 (4) At least 6 days before the day established by law for
80 the meeting of and voting by the presidential electors, each
81 member state shall make a final determination of the number of
82 popular votes cast in the state for each presidential slate and
83 shall communicate an official statement of such determination
84 within 24 hours to the chief election official of each other
85 member state.
86 (5) The chief election official of each member state shall
87 treat as conclusive an official statement containing the number
88 of popular votes in a state for each presidential slate made by
89 the day established by federal law for making a state's final
90 determination conclusive as to the counting of electoral votes
91 by Congress.
92 (6) If the election results in a tie for the national
93 popular vote winner, the presidential elector certifying
94 official of each member state shall certify the appointment of
95 the elector slate nominated in association with the presidential
96 slate receiving the largest number of popular votes within that
97 official's respective state.
98 (7) If, for any reason, the number of presidential electors
99 nominated in a member state in association with the national
100 popular vote winner is fewer than or greater than that state's
101 number of electoral votes, the presidential candidate on the
102 presidential slate who has been designated as the national
103 popular vote winner may nominate the presidential electors for
104 that state, and that state's presidential elector certifying
105 official shall certify the appointment of such nominees.
106 (8) The chief election official of each member state shall
107 immediately release to the public all vote counts or statements
108 of votes as they are determined or obtained.
109 (9) This article shall govern the appointment of
110 presidential electors in each member state in any year in which
111 this agreement is, on July 20, in effect in states cumulatively
112 possessing a majority of the electoral votes.
113 Article V
114 OTHER PROVISIONS.—
115 (1) This agreement shall take effect when states
116 cumulatively possessing a majority of the electoral votes have
117 enacted this agreement in substantially the same form and the
118 enactments by such states have taken effect in each state.
119 (2) Any member state may withdraw from this agreement,
120 except that a withdrawal occurring 6 months or less before the
121 end of a President's term does not become effective until a
122 President or Vice President has been qualified to serve the next
123 term.
124 (3) The chief executive of each member state shall promptly
125 notify the chief executive of all other states when this
126 agreement has been enacted and has taken effect in that
127 official's state, or when the state has withdrawn from this
128 agreement.
129 (4) This agreement shall terminate if the electoral college
130 is abolished.
131 (5) If any provision of this agreement is held invalid, the
132 remaining provisions shall not be affected.
133 Section 2. This act shall take effect upon becoming a law.