Chapter 229
2013 -- H 5575
Enacted 07/11/13
A N A C T
RELATING TO
ELECTIONS
Introduced
By: Representatives Gallison, Blazejewski, Handy,
Date Introduced: February 14, 2013
It is enacted by the
General Assembly as follows:
SECTION 1. Title 17 of the General Laws entitled
"ELECTIONS" is hereby amended by
adding thereto the following chapter:
CHAPTER
4.2
AGREEMENT
AMONG THE STATES TO ELECT THE PRESIDENT BY NATIONAL
POPULAR
VOTE
17-4.2-1. Compact
enacted. – The interstate compact entitled the "Agreement Among
the States to Elect the President by National Popular
Vote" is hereby enacted into law and entered
into with all other jurisdictions legally joining therein
in the form substantially as follows:
ARTICLE I.
MEMBERSHIP.
Any state of the
agreement by enacting this agreement.
ARTICLE
II.
RIGHT OF THE PEOPLE
IN MEMBER STATES TO VOTE FOR PRESIDENT AND
VICE PRESIDENT.
Each member state
shall conduct a statewide popular election for president and vice
president of the
ARTICLE
III.
MANNER
OF APPOINTING PRESIDENTIAL ELECTORS IN MEMBER STATES.
Prior to the time set
by law for the meeting and voting by the presidential electors, the
chief election official of each member state shall
determine the number of votes for each
presidential slate in each state of the
have been cast in a statewide popular election and shall
add such votes together to produce a
"national popular vote
total" for each presidential slate.
The chief election
official of each member state shall designate the presidential slate with
the largest national popular vote total as the
"national popular vote winner."
The presidential
elector certifying official of each member state shall certify the
appointment in that official's own state of the elector slate
nominated in that state in association
with the national popular vote winner.
At least six (6) days
before the day fixed by law for the meeting and voting by the
presidential electors, each member state shall make a final
determination of the number of
popular votes cast in the state for each presidential slate
and shall communicate an official
statement of such determination within twenty-four (24) hours
to the chief election official of
each other member state.
The chief election
official of each member state shall treat as conclusive an official
statement containing the number of popular votes in a state for
each presidential slate made by the
day established by federal law for making a state's final
determination conclusive as to the
counting of electoral votes by Congress.
In event of a tie for
the national popular vote winner, the presidential elector certifying
official of each member state shall certify the appointment of
the elector slate nominated in
association with the presidential slate receiving the largest
number of popular votes within that
official's own state.
If, for any reason,
the number of presidential electors nominated in a member state in
association with the national popular vote winner is less than or
greater than that state's number of
electoral votes, the presidential candidate on the presidential
slate that has been designated as the
national popular vote winner shall have the power to nominate
the presidential electors for that
state and that state's presidential elector certifying
official shall certify the appointment of such
nominees.
The chief election
official of each member state shall immediately release to the public
all vote counts or statements of votes as they are
determined or obtained.
This article shall
govern the appointment of presidential electors in each member state in
any year in which this agreement is, on July 20, in
effect in states cumulatively possessing a
majority of the electoral votes.
ARTICLE
IV.
OTHER
PROVISIONS.
This agreement shall
take effect when states cumulatively possessing a majority of the
electoral votes have enacted this agreement in substantially
the same form and the enactments by
such states have taken effect in each state.
Any member state may
withdraw from this agreement, except that a withdrawal
occurring six (6) months or less before the end of a
president's term shall not become effective
until a president or vice president shall have been
qualified to serve the next term.
The chief executive
of each member state shall promptly notify the chief executive of all
other states of when this agreement has been enacted and
has taken effect in that official's state,
when the state has withdrawn from this agreement, and when
this agreement takes effect
generally.
This agreement shall
terminate if the electoral college is abolished.
If any provision of
this agreement is held invalid, the remaining provisions shall not be
affected.
ARTICLE
V.
DEFINITIONS.
For purposes of this
agreement:
(1) "Chief
executive" shall mean the governor of a state of the
of the
(2) "Elector
slate" shall mean a slate of candidates who have been nominated in a state
for the position of presidential elector in association
with a presidential slate;
(3) "Chief
election official" shall mean the state official or body that is
authorized to
certify the total number of popular votes for each
presidential slate;
(4)
"Presidential elector" shall mean an elector for president and vice
president of the
(5)
"Presidential elector certifying official" shall mean the state
official or body that is
authorized to certify the appointment of the state's
presidential electors;
(6)
"Presidential slate" shall mean a slate of two (2) persons, the first
of whom has been
nominated as a candidate for president of the
nominated as a candidate for vice president of the
persons, regardless of whether both names appear on the
ballot presented to the voter in a
particular state;
(7) "State"
shall mean a state of the
(8) "Statewide
popular election" shall mean a general election in which votes are cast
for
presidential slates by individual voters and counted on a
statewide basis.
SECTION 2. This act shall take effect upon passage.
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LC00373
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