Florida Senate - 2011 SB 440 By Senator Hill 1-00229-11 2011440__ 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 nonmember state or when a 15 member state withdraws from the agreement; providing 16 for severability; providing an 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 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 DEFINITIONS.—For purposes of this agreement: 28 (1) “Chief election official” means the state official or 29 body authorized to certify the total number of popular votes for 30 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 54 Article II 55 MEMBERSHIP.—Any state of the United States or the District 56 of Columbia may become a member of the league of states 57 officially supporting this agreement by enacting this agreement. 58 59 Article III 60 RIGHT OF THE PEOPLE IN MEMBER STATES TO VOTE FOR THE 61 PRESIDENT AND THE VICE PRESIDENT.—Each member state shall 62 conduct a statewide popular election for President and Vice 63 President of the United States. 64 65 Article IV 66 MANNER OF APPOINTING PRESIDENTIAL ELECTORS IN MEMBER 67 STATES.— 68 (1) Before the time set by law for the meeting of and 69 voting by the presidential electors, the chief election official 70 of each member state shall determine the number of votes cast in 71 a statewide popular election for each presidential slate in each 72 state of the United States and in the District of Columbia and 73 shall add the total number of votes from each state to produce a 74 national popular vote total for each presidential slate. 75 (2) The chief election official of each member state shall 76 designate the presidential slate having the largest national 77 popular vote total as the national popular vote winner. 78 (3) The presidential elector certifying official of each 79 member state shall certify the appointment in that official’s 80 respective state of the elector slate nominated by that state in 81 association with the national popular vote winner. 82 (4) At least 6 days before the day established by law for 83 the meeting of and voting by the presidential electors, each 84 member state shall make a final determination of the number of 85 popular votes cast in the state for each presidential slate and 86 shall communicate an official statement of such determination 87 within 24 hours to the chief election official of each other 88 member state. 89 (5) The chief election official of each member state shall 90 treat as conclusive an official statement containing the number 91 of popular votes in a state for each presidential slate made by 92 the day established by federal law for making a state’s final 93 determination conclusive as to the counting of electoral votes 94 by Congress. 95 (6) If the election results in a tie for the national 96 popular vote winner, the presidential elector certifying 97 official of each member state shall certify the appointment of 98 the elector slate nominated in association with the presidential 99 slate receiving the largest number of popular votes within that 100 official’s respective state. 101 (7) If, for any reason, the number of presidential electors 102 nominated in a member state in association with the national 103 popular vote winner is fewer than or greater than that state’s 104 number of electoral votes, the presidential candidate on the 105 presidential slate who has been designated as the national 106 popular vote winner may nominate the presidential electors for 107 that state, and that state’s presidential elector certifying 108 official shall certify the appointment of such nominees. 109 (8) The chief election official of each member state shall 110 immediately release to the public all vote counts or statements 111 of votes as they are determined or obtained. 112 (9) This article shall govern the appointment of 113 presidential electors in each member state in any year in which 114 this agreement is, on July 20, in effect in states cumulatively 115 possessing a majority of the electoral votes. 116 117 Article V 118 OTHER PROVISIONS.— 119 (1) This agreement shall take effect when states 120 cumulatively possessing a majority of the electoral votes have 121 enacted this agreement in substantially the same form and the 122 enactments by such states have taken effect in each state. 123 (2) Any member state may withdraw from this agreement, 124 except that a withdrawal occurring 6 months or less before the 125 end of a President’s term does not become effective until a 126 President or Vice President has been qualified to serve the next 127 term. 128 (3) The chief executive of each member state shall promptly 129 notify the chief executive of all other states when this 130 agreement has been enacted and has taken effect in that 131 official’s state, or when the state has withdrawn from this 132 agreement. 133 (4) This agreement shall terminate if the electoral college 134 is abolished. 135 (5) If any provision of this agreement is held invalid, the 136 remaining provisions are not affected. 137 Section 2. This act shall take effect upon becoming a law.