Florida Senate - 2019 SB 1048
By Senator Torres
15-01752-19 20191048__
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, 2019.