HB 649

1
A bill to be entitled
2An act relating to presidential elections; defining terms;
3establishing the Agreement Among the States to Elect the
4President by National Popular Vote; providing legislative
5intent; providing a method by which any state may become a
6member state; requiring a statewide popular election for
7President and Vice President of the United States;
8establishing a procedure for appointing presidential
9electors in member states; providing that the agreement
10becomes effective upon the occurrence of specified
11actions; providing for the withdrawal of a member state;
12requiring notification of member states when the agreement
13takes effect in a previously nonmember state or when a
14member state withdraws from the agreement; providing for
15termination of the agreement if the electoral college is
16abolished; providing for severability; providing an
17effective date.
18
19Be It Enacted by the Legislature of the State of Florida:
20
21     Section 1.  The Agreement Among the States to Elect the
22President by National Popular Vote.--The Agreement Among the
23States to Elect the President by National Popular Vote is
24enacted into law and entered into by this state with all states
25legally joining therein in the form substantially as follows:
26
27
Article I
28     DEFINITIONS.--For purposes of this agreement:
29     (1)  "Chief election official" means the state official or
30body that is authorized to certify the total number of popular
31votes for each presidential slate.
32     (2)  "Chief executive" means the Governor of a state of the
33United States or the Mayor of the District of Columbia.
34     (3)  "Elector slate" means a slate of candidates who have
35been nominated in a state for the position of presidential
36elector in association with a presidential slate.
37     (4)  "Presidential elector" means an elector for President
38and Vice President of the United States.
39     (5)  "Presidential elector certifying official" means the
40state official or body authorized to certify the appointment of
41the state's presidential electors.
42     (6)  "Presidential slate" means a slate of two persons, the
43first of whom has been nominated as a candidate for President of
44the United States and the second of whom has been nominated as a
45candidate for Vice President of the United States, or any legal
46successors to such persons, regardless of whether both names
47appear on the ballot presented to the voter in a particular
48state.
49     (7)  "State" means a state of the United States or the
50District of Columbia.
51     (8)  "Statewide popular election" means a general election
52in which votes are cast for presidential slates by individual
53voters and counted on a statewide basis.
54
55
Article II
56     MEMBERSHIP.--Any state of the United States or the District
57of Columbia may become a member of the league of states
58officially supporting this agreement by enacting this agreement.
59
60
Article III
61     RIGHT OF THE PEOPLE IN MEMBER STATES TO VOTE FOR THE
62PRESIDENT AND THE VICE PRESIDENT.--Each member state shall
63conduct a statewide popular election for President and Vice
64President of the United States.
65
66
Article IV
67     MANNER OF APPOINTING PRESIDENTIAL ELECTORS IN MEMBER
68STATES.--
69     (1)  Before the time set by law for the meeting of and
70voting by the presidential electors, the chief election official
71of each member state shall determine the number of votes cast in
72a statewide popular election for each presidential slate in each
73state of the United States and in the District of Columbia and
74shall add the total number of votes from each state to produce a
75national popular vote total for each presidential slate.
76     (2)  The chief election official of each member state shall
77designate the presidential slate having the largest national
78popular vote total as the national popular vote winner.
79     (3)  The presidential elector certifying official of each
80member state shall certify the appointment in that official's
81respective state of the elector slate nominated by that state in
82association with the national popular vote winner.
83     (4)  At least 6 days before the day established by law for
84the meeting of and voting by the presidential electors, each
85member state shall make a final determination of the number of
86popular votes cast in the state for each presidential slate and
87shall communicate an official statement of such determination
88within 24 hours to the chief election official of each other
89member state.
90     (5)  The chief election official of each member state shall
91treat as conclusive an official statement containing the number
92of popular votes in a state for each presidential slate made by
93the day established by federal law for making a state's final
94determination conclusive as to the counting of electoral votes
95by Congress.
96     (6)  If the election results in a tie for the national
97popular vote winner, the presidential elector certifying
98official of each member state shall certify the appointment of
99the elector slate nominated in association with the presidential
100slate receiving the largest number of popular votes within that
101official's respective state.
102     (7)  If, for any reason, the number of presidential
103electors nominated in a member state in association with the
104national popular vote winner is fewer than or greater than that
105state's number of electoral votes, the presidential candidate on
106the presidential slate who has been designated as the national
107popular vote winner may nominate the presidential electors for
108that state, and that state's presidential elector certifying
109official shall certify the appointment of such nominees.
110     (8)  The chief election official of each member state shall
111immediately release to the public all vote counts or statements
112of votes as they are determined or obtained.
113     (9)  This article shall govern the appointment of
114presidential electors in each member state in any year in which
115this agreement is, on July 20, in effect in states cumulatively
116possessing a majority of the electoral votes.
117
118
Article V
119     OTHER PROVISIONS.--
120     (1)  This agreement shall take effect when states
121cumulatively possessing a majority of the electoral votes have
122enacted this agreement in substantially the same form and the
123enactments by such states have taken effect in each state.
124     (2)  Any member state may withdraw from this agreement,
125except that a withdrawal occurring 6 months or less before the
126end of a President's term does not become effective until a
127President or Vice President has been qualified to serve the next
128term.
129     (3)  The chief executive of each member state shall
130promptly notify the chief executive of all other states when
131this agreement has been enacted and has taken effect in that
132official's state, or when the state has withdrawn from this
133agreement.
134     (4)  This agreement shall terminate if the electoral
135college is abolished.
136     (5)  If any provision of this agreement is held invalid,
137the remaining provisions shall not be affected.
138     Section 2.  This act shall take effect upon becoming a law.


CODING: Words stricken are deletions; words underlined are additions.