| 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. |