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