2013 -- H 5575

=======

LC00373

=======

STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

____________

A N A C T

RELATING TO ELECTIONS

     Introduced By: Representatives Gallison, Blazejewski, Handy, Valencia, and Hull

     Date Introduced: February 14, 2013

     Referred To: House Judiciary

It is enacted by the General Assembly as follows:

1-1

     SECTION 1. Title 17 of the General Laws entitled "ELECTIONS" is hereby amended by

1-2

adding thereto the following chapter:

1-3

     CHAPTER 4.2

1-4

AGREEMENT AMONG THE STATES TO ELECT THE PRESIDENT BY NATIONAL

1-5

POPULAR VOTE

1-6

     17-4.2-1. Compact enacted. – The interstate compact entitled the "Agreement Among

1-7

the States to Elect the President by National Popular Vote" is hereby enacted into law and entered

1-8

into with all other jurisdictions legally joining therein in the form substantially as follows:

1-9

     ARTICLE I.

1-10

     MEMBERSHIP.

1-11

     Any state of the United States and the District of Columbia may become a member of this

1-12

agreement by enacting this agreement.

1-13

     ARTICLE II.

1-14

     RIGHT OF THE PEOPLE IN MEMBER STATES TO VOTE FOR PRESIDENT AND

1-15

VICE PRESIDENT.

1-16

     Each member state shall conduct a statewide popular election for president and vice

1-17

president of the United States.

1-18

     ARTICLE III.

1-19

     MANNER OF APPOINTING PRESIDENTIAL ELECTORS IN MEMBER STATES.

2-20

     Prior to the time set by law for the meeting and voting by the presidential electors, the

2-21

chief election official of each member state shall determine the number of votes for each

2-22

presidential slate in each state of the United States and in the District of Columbia in which votes

2-23

have been cast in a statewide popular election and shall add such votes together to produce a

2-24

"national popular vote total" for each presidential slate.

2-25

     The chief election official of each member state shall designate the presidential slate with

2-26

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

2-27

     The presidential elector certifying official of each member state shall certify the

2-28

appointment in that official's own state of the elector slate nominated in that state in association

2-29

with the national popular vote winner.

2-30

     At least six (6) days before the day fixed by law for the meeting and voting by the

2-31

presidential electors, each member state shall make a final determination of the number of

2-32

popular votes cast in the state for each presidential slate and shall communicate an official

2-33

statement of such determination within twenty-four (24) hours to the chief election official of

2-34

each other member state.

2-35

     The chief election official of each member state shall treat as conclusive an official

2-36

statement containing the number of popular votes in a state for each presidential slate made by the

2-37

day established by federal law for making a state's final determination conclusive as to the

2-38

counting of electoral votes by Congress.

2-39

     In event of a tie for the national popular vote winner, the presidential elector certifying

2-40

official of each member state shall certify the appointment of the elector slate nominated in

2-41

association with the presidential slate receiving the largest number of popular votes within that

2-42

official's own state.

2-43

     If, for any reason, the number of presidential electors nominated in a member state in

2-44

association with the national popular vote winner is less than or greater than that state's number of

2-45

electoral votes, the presidential candidate on the presidential slate that has been designated as the

2-46

national popular vote winner shall have the power to nominate the presidential electors for that

2-47

state and that state's presidential elector certifying official shall certify the appointment of such

2-48

nominees.

2-49

     The chief election official of each member state shall immediately release to the public

2-50

all vote counts or statements of votes as they are determined or obtained.

2-51

     This article shall govern the appointment of presidential electors in each member state in

2-52

any year in which this agreement is, on July 20, in effect in states cumulatively possessing a

2-53

majority of the electoral votes.

3-54

     ARTICLE IV.

3-55

     OTHER PROVISIONS.

3-56

     This agreement shall take effect when states cumulatively possessing a majority of the

3-57

electoral votes have enacted this agreement in substantially the same form and the enactments by

3-58

such states have taken effect in each state.

3-59

     Any member state may withdraw from this agreement, except that a withdrawal

3-60

occurring six (6) months or less before the end of a president's term shall not become effective

3-61

until a president or vice president shall have been qualified to serve the next term.

3-62

     The chief executive of each member state shall promptly notify the chief executive of all

3-63

other states of when this agreement has been enacted and has taken effect in that official's state,

3-64

when the state has withdrawn from this agreement, and when this agreement takes effect

3-65

generally.

3-66

     This agreement shall terminate if the electoral college is abolished.

3-67

     If any provision of this agreement is held invalid, the remaining provisions shall not be

3-68

affected.

3-69

     ARTICLE V.

3-70

     DEFINITIONS.

3-71

     For purposes of this agreement:

3-72

     (1) "Chief executive" shall mean the governor of a state of the United States or the mayor

3-73

of the District of Columbia;

3-74

     (2) "Elector slate" shall mean a slate of candidates who have been nominated in a state

3-75

for the position of presidential elector in association with a presidential slate;

3-76

     (3) "Chief election official" shall mean the state official or body that is authorized to

3-77

certify the total number of popular votes for each presidential slate;

3-78

     (4) "Presidential elector" shall mean an elector for president and vice president of the

3-79

United States;

3-80

     (5) "Presidential elector certifying official" shall mean the state official or body that is

3-81

authorized to certify the appointment of the state's presidential electors;

3-82

     (6) "Presidential slate" shall mean a slate of two (2) persons, the first of whom has been

3-83

nominated as a candidate for president of the United States and the second of whom has been

3-84

nominated as a candidate for vice president of the United States, or any legal successors to such

3-85

persons, regardless of whether both names appear on the ballot presented to the voter in a

3-86

particular state;

3-87

     (7) "State" shall mean a state of the United States and the District of Columbia; and

4-88

     (8) "Statewide popular election" shall mean a general election in which votes are cast for

4-89

presidential slates by individual voters and counted on a statewide basis.

4-90

     SECTION 2. This act shall take effect upon passage.

=======

LC00373

========

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO ELECTIONS

***

5-1

     This act would join Rhode Island in an agreement among states to elect the president and

5-2

vice president by national popular vote.

5-3

     This act would take effect upon passage.

=======

LC00373

=======