Bill Text: FL S0908 | 2020 | Regular Session | Introduced


Bill Title: Agreement Among the States to Elect the President by National Popular Vote

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2020-01-14 - Introduced [S0908 Detail]

Download: Florida-2020-S0908-Introduced.html
       Florida Senate - 2020                                     SB 908
       
       
        
       By Senator Torres
       
       
       
       
       
       15-01182-20                                            2020908__
    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         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 event of a tie for the national popular vote winner, the
   68  presidential elector certifying official of each member state
   69  shall certify the appointment of the elector slate nominated in
   70  association with the presidential slate receiving the largest
   71  number of popular votes within that official’s own 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 shall govern the appointment of presidential
   85  electors in each member state in any year in which this
   86  agreement is, on July 20, in effect 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 six months or less before the end of
   96  a President’s term shall not become effective until a President
   97  or Vice President shall have been qualified to serve the next
   98  term.
   99         The chief executive of each member state shall promptly
  100  notify the chief executive of all other states of when this
  101  agreement has been enacted and has taken effect in that
  102  official’s state, when the state has withdrawn from this
  103  agreement, and when this agreement takes effect generally.
  104         This agreement shall terminate if the electoral college is
  105  abolished.
  106         If any provision of this agreement is held invalid, the
  107  remaining provisions shall not be affected.
  108  
  109                              Article V                            
  110         Definitions.—For purposes of this agreement,
  111         “Chief executive” shall mean the Governor of a State of the
  112  United States or the Mayor of the District of Columbia;
  113         “Chief election official” shall mean the state official or
  114  body that is authorized to certify the total number of popular
  115  votes for each presidential slate;
  116         “Elector slate” shall mean a slate of candidates who have
  117  been nominated in a state for the position of presidential
  118  elector in association with a presidential slate;
  119         “Presidential elector” shall mean an elector for President
  120  and Vice President of the United States;
  121         “Presidential elector certifying official” shall mean the
  122  state official or body that is authorized to certify the
  123  appointment of the state’s presidential electors;
  124         “Presidential slate” shall mean a slate of two persons, the
  125  first of whom has been nominated as a candidate for President of
  126  the United States and the second of whom has been nominated as a
  127  candidate for Vice President of the United States, or any legal
  128  successors to such persons, regardless of whether both names
  129  appear on the ballot presented to the voter in a particular
  130  state;
  131         “State” shall mean a State of the United States and the
  132  District of Columbia; and
  133         “Statewide popular election” shall mean a general election
  134  in which votes are cast for presidential slates by individual
  135  voters and counted on a statewide basis.
  136         Section 2. This act shall take effect July 1, 2020.

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