Florida Senate - 2025 SB 208 By Senator Thompson 15-00564-25 2025208__ 1 A bill to be entitled 2 An act relating to the Agreement Among the States to 3 Elect the President by National Popular Vote; 4 providing for enactment of the agreement; providing a 5 method by which a state may become a member state; 6 requiring a statewide popular election for President 7 and Vice President of the United States; establishing 8 a procedure for appointing presidential electors in 9 member states; providing that the agreement becomes 10 effective upon the occurrence of specified actions; 11 providing for the withdrawal of a member state; 12 requiring notification of member states when the 13 agreement takes effect in a nonmember state or when a 14 member state withdraws from the agreement; providing 15 severability; providing definitions; 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 hereby 23 enacted into law and entered into by this state with all states 24 legally joining therein in the form substantially as follows: 25 26 Article I 27 Membership.—Any state of the United States and the District 28 of Columbia may become a member of this agreement by enacting 29 this agreement. 30 31 Article II 32 Right of the people in member states to vote for President 33 and Vice President.—Each member state shall conduct a statewide 34 popular election for President and Vice President of the United 35 States. 36 37 Article III 38 Manner of appointing presidential electors in member 39 states.—Prior to the time set by law for the meeting and voting 40 by the presidential electors, the chief election official of 41 each member state shall determine the number of votes for each 42 presidential slate in each state of the United States and in the 43 District of Columbia in which votes have been cast in a 44 statewide popular election and shall add such votes together to 45 produce a “national popular vote total” for each presidential 46 slate. 47 The chief election official of each member state shall 48 designate the presidential slate with the largest national 49 popular vote total as the “national popular vote winner.” 50 The presidential elector certifying official of each member 51 state shall certify the appointment in that official’s own state 52 of the elector slate nominated in that state in association with 53 the national popular vote winner. 54 At least 6 days before the day fixed by law for the meeting 55 and voting by the presidential electors, each member state shall 56 make a final determination of the number of popular votes cast 57 in the state for each presidential slate and shall communicate 58 an official statement of such determination within 24 hours to 59 the chief election official of each other member state. 60 The chief election official of each member state shall 61 treat as conclusive an official statement containing the number 62 of popular votes in a state for each presidential slate made by 63 the day established by federal law for making a state’s final 64 determination conclusive as to the counting of electoral votes 65 by Congress. 66 In event of a tie for the national popular vote winner, the 67 presidential elector certifying official of each member state 68 shall certify the appointment of the elector slate nominated in 69 association with the presidential slate receiving the largest 70 number of popular votes within that official’s own state. 71 If, for any reason, the number of presidential electors 72 nominated in a member state in association with the national 73 popular vote winner is less than or greater than that state’s 74 number of electoral votes, the presidential candidate on the 75 presidential slate that has been designated as the national 76 popular vote winner shall have the power to nominate the 77 presidential electors for that state and that state’s 78 presidential elector certifying official shall certify the 79 appointment of such nominees. 80 The chief election official of each member state shall 81 immediately release to the public all vote counts or statements 82 of votes as they are determined or obtained. 83 This article shall govern the appointment of presidential 84 electors in each member state in any year in which this 85 agreement is, on July 20, in effect in states cumulatively 86 possessing a majority of the electoral votes. 87 88 Article IV 89 Other provisions.—This agreement shall take effect when 90 states cumulatively possessing a majority of the electoral votes 91 have enacted this agreement in substantially the same form and 92 the enactments by such states have taken effect in each state. 93 Any member state may withdraw from this agreement, except 94 that a withdrawal occurring 6 months or less before the end of a 95 President’s term shall not become effective until a President or 96 Vice President shall have been qualified to serve the next term. 97 The chief executive of each member state shall promptly 98 notify the chief executive of all other states of when this 99 agreement has been enacted and has taken effect in that 100 official’s state, when the state has withdrawn from this 101 agreement, and when this agreement takes effect generally. 102 This agreement shall terminate if the electoral college is 103 abolished. 104 If any provision of this agreement is held invalid, the 105 remaining provisions shall not be affected. 106 107 Article V 108 Definitions.—For purposes of this agreement, 109 “Chief election official” shall mean the state official or 110 body that is authorized to certify the total number of popular 111 votes for each presidential slate; 112 “Chief executive” shall mean the Governor of a State of the 113 United States or the Mayor of the District of Columbia; 114 “Elector slate” shall mean a slate of candidates who have 115 been nominated in a state for the position of presidential 116 elector in association with a presidential slate; 117 “Presidential elector” shall mean an elector for President 118 and Vice President of the United States; 119 “Presidential elector certifying official” shall mean the 120 state official or body that is authorized to certify the 121 appointment of the state’s presidential electors; 122 “Presidential slate” shall mean a slate of two persons, the 123 first of whom has been nominated as a candidate for President of 124 the United States and the second of whom has been nominated as a 125 candidate for Vice President of the United States, or any legal 126 successors to such persons, regardless of whether both names 127 appear on the ballot presented to the voter in a particular 128 state; 129 “State” shall mean a State of the United States and the 130 District of Columbia; and 131 “Statewide popular election” shall mean a general election 132 in which votes are cast for presidential slates by individual 133 voters and counted on a statewide basis. 134 Section 2. This act shall take effect July 1, 2025.