Florida Senate - 2018 SB 1374 By Senator Torres 15-01672-18 20181374__ 1 A bill to be entitled 2 An act relating to the Agreement Among the States to 3 Elect the President by National Popular Vote; 4 providing for enactment of the agreement; providing a 5 method by which a state may become a member state; 6 requiring a statewide popular election for President 7 and Vice President of the United States; establishing 8 a procedure for appointing presidential electors in 9 member states; providing that the agreement becomes 10 effective upon the occurrence of specified actions; 11 providing for the withdrawal of a member state; 12 requiring notification of member states when the 13 agreement takes effect in a nonmember state or when a 14 member state withdraws from the agreement; providing 15 for severability; providing definitions; providing an 16 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 hereby 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 Membership.—Any state of the United States and the District 28 of Columbia may become a member of this agreement by enacting 29 this agreement. 30 31 Article II 32 Right of the people in member states to vote for President 33 and Vice President.—Each member state shall conduct a statewide 34 popular election for President and Vice President of the United 35 States. 36 37 Article III 38 Manner of appointing presidential electors in member 39 states.—Prior to the time set by law for the meeting and voting 40 by the presidential electors, the chief election official of 41 each member state shall determine the number of votes for each 42 presidential slate in each state of the United States and in the 43 District of Columbia in which votes have been cast in a 44 statewide popular election and shall add such votes together to 45 produce a “national popular vote total” for each presidential 46 slate. 47 The chief election official of each member state shall 48 designate the presidential slate with the largest national 49 popular vote total as the “national popular vote winner.” 50 The presidential elector certifying official of each member 51 state shall certify the appointment in that official’s own state 52 of the elector slate nominated in that state in association with 53 the national popular vote winner. 54 At least six days before the day fixed by law for the 55 meeting and voting by the presidential electors, each member 56 state shall make a final determination of the number of popular 57 votes cast in the state for each presidential slate and shall 58 communicate an official statement of such determination within 59 24 hours to the chief election official of each other member 60 state. 61 The chief election official of each member state shall 62 treat as conclusive an official statement containing the number 63 of popular votes in a state for each presidential slate made by 64 the day established by federal law for making a state’s final 65 determination conclusive as to the counting of electoral votes 66 by Congress. 67 In the event of a tie for the national popular vote winner, 68 the presidential elector certifying official of each member 69 state shall certify the appointment of the elector slate 70 nominated in association with the presidential slate receiving 71 the largest number of popular votes within that official’s own 72 state. 73 If, for any reason, the number of presidential electors 74 nominated in a member state in association with the national 75 popular vote winner is less than or greater than that state’s 76 number of electoral votes, the presidential candidate on the 77 presidential slate that has been designated as the national 78 popular vote winner shall have the power to nominate the 79 presidential electors for that state and that state’s 80 presidential elector certifying official shall certify the 81 appointment of such nominees. 82 The chief election official of each member state shall 83 immediately release to the public all vote counts or statements 84 of votes as they are determined or obtained. 85 This article shall govern the appointment of presidential 86 electors in each member state in any year in which this 87 agreement is, on July 20, in effect in states cumulatively 88 possessing a majority of the electoral votes. 89 90 Article IV 91 Other provisions.—This agreement shall take effect when 92 states cumulatively possessing a majority of the electoral votes 93 have enacted this agreement in substantially the same form and 94 the enactments by such states have taken effect in each state. 95 Any member state may withdraw from this agreement, except 96 that a withdrawal occurring six months or less before the end of 97 a President’s term shall not become effective until a President 98 or Vice President shall have been qualified to serve the next 99 term. 100 The chief executive of each member state shall promptly 101 notify the chief executive of all other states of when this 102 agreement has been enacted and has taken effect in that 103 official’s state, when the state has withdrawn from this 104 agreement, and when this agreement takes effect generally. 105 This agreement shall terminate if the electoral college is 106 abolished. 107 If any provision of this agreement is held invalid, the 108 remaining provisions shall not be affected. 109 110 Article V 111 Definitions.—For purposes of this agreement, 112 “Chief executive” shall mean the Governor of a State of the 113 United States or the Mayor of the District of Columbia; 114 “Chief election official” shall mean the state official or 115 body that is authorized to certify the total number of popular 116 votes for each presidential slate; 117 “Elector slate” shall mean a slate of candidates who have 118 been nominated in a state for the position of presidential 119 elector in association with a presidential slate; 120 “Presidential elector” shall mean an elector for President 121 and Vice President of the United States; 122 “Presidential elector certifying official” shall mean the 123 state official or body that is authorized to certify the 124 appointment of the state’s presidential electors; 125 “Presidential slate” shall mean a slate of two persons, the 126 first of whom has been nominated as a candidate for President of 127 the United States and the second of whom has been nominated as a 128 candidate for Vice President of the United States, or any legal 129 successors to such persons, regardless of whether both names 130 appear on the ballot presented to the voter in a particular 131 state; 132 “State” shall mean a State of the United States and the 133 District of Columbia; and 134 “Statewide popular election” shall mean a general election 135 in which votes are cast for presidential slates by individual 136 voters and counted on a statewide basis. 137 Section 2. This act shall take effect July 1, 2018.