Florida Senate - 2023 SB 860
By Senator Torres
25-01692-23 2023860__
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
11 circumstances; providing for the withdrawal of a
12 member state; requiring notification of member states
13 when the agreement takes effect in a nonmember state
14 or when a member state withdraws from the agreement;
15 providing severability; providing definitions;
16 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 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 6 days before the day fixed by law for the meeting
55 and voting by the presidential electors, each member state shall
56 make a final determination of the number of popular votes cast
57 in the state for each presidential slate and shall communicate
58 an official statement of such determination within 24 hours to
59 the chief election official of each other member state.
60 The chief election official of each member state shall
61 treat as conclusive an official statement containing the number
62 of popular votes in a state for each presidential slate made by
63 the day established by federal law for making a state’s final
64 determination conclusive as to the counting of electoral votes
65 by Congress.
66 In the event of a tie for the national popular vote winner,
67 the presidential elector certifying official of each member
68 state shall certify the appointment of the elector slate
69 nominated in association with the presidential slate receiving
70 the largest number of popular votes within that official’s own
71 state.
72 If, for any reason, the number of presidential electors
73 nominated in a member state in association with the national
74 popular vote winner is less than or greater than that state’s
75 number of electoral votes, the presidential candidate on the
76 presidential slate that has been designated as the national
77 popular vote winner shall have the power to nominate the
78 presidential electors for that state and that state’s
79 presidential elector certifying official shall certify the
80 appointment of such nominees.
81 The chief election official of each member state shall
82 immediately release to the public all vote counts or statements
83 of votes as they are determined or obtained.
84 This article governs the appointment of presidential
85 electors in each member state in any year in which this
86 agreement is in effect, on July 20, in states cumulatively
87 possessing a majority of the electoral votes.
88
89 Article IV
90 Other provisions.—This agreement shall take effect when
91 states cumulatively possessing a majority of the electoral votes
92 have enacted this agreement in substantially the same form and
93 the enactments by such states have taken effect in each state.
94 Any member state may withdraw from this agreement, except
95 that a withdrawal occurring 6 months or less before the end of a
96 President’s term does not become effective until a President or
97 Vice President has been qualified to serve the next term.
98 The chief executive of each member state shall promptly
99 notify the chief executive of all other states when this
100 agreement has been enacted and has taken effect in that
101 official’s state, when the state has withdrawn from this
102 agreement, and when this agreement takes effect generally.
103 This agreement shall terminate if the electoral college is
104 abolished.
105 If any provision of this agreement is held invalid, the
106 remaining provisions are not affected.
107
108 Article V
109 Definitions.—For purposes of this agreement, the term:
110 “Chief election official” means the state official or body
111 that is authorized to certify the total number of popular votes
112 for each presidential slate.
113 “Chief executive” means the Governor of a state of the
114 United States or the Mayor of the District of Columbia.
115 “Elector slate” means a slate of candidates who have been
116 nominated in a state for the position of presidential elector in
117 association with a presidential slate.
118 “Presidential elector” means an elector for President and
119 Vice President of the United States.
120 “Presidential elector certifying official” means the state
121 official or body that is authorized to certify the appointment
122 of the state’s presidential electors.
123 “Presidential slate” means a slate of two persons, the
124 first of whom has been nominated as a candidate for President of
125 the United States and the second of whom has been nominated as a
126 candidate for Vice President of the United States, or any legal
127 successors to such persons, regardless of whether both names
128 appear on the ballot presented to the voter in a particular
129 state.
130 “State” means a state of the United States and the District
131 of Columbia.
132 “Statewide popular election” means a general election in
133 which votes are cast for presidential slates by individual
134 voters and counted on a statewide basis.
135 Section 2. This act shall take effect July 1, 2023.