09 LC 28
4428
Senate
Bill 134
By:
Senators Orrock of the 36th, Buckner of the 44th, Fort of the 39th, Butler of
the 55th and Seay of the 34th
A
BILL TO BE ENTITLED
AN ACT
To
amend Title 21 of the Official Code of Georgia Annotated, relating to elections,
so as to enact the Agreement Among the States to Elect the President by National
Popular Vote; to allow states to join together to establish an interstate
compact to elect the president by national popular vote; to provide for the
implementation of such compact; to provide for related matters; to repeal
conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Title
21 of the Official Code of Georgia Annotated, relating to elections, is amended
by adding a new Chapter 6 to read as follows:
"CHAPTER
6
21-6-1.
The
Agreement Among the States to Elect the President by National Popular Vote is
enacted into law and entered into by this state with all other jurisdictions
legally joining therein in the form substantially as follows:
AGREEMENT
AMONG THE STATES TO ELECT THE PRESIDENT
BY
NATIONAL
POPULAR VOTE
ARTICLE
1.
Membership.
Any
State of the United States and the District of Columbia may become a member of
this agreement by enacting this agreement.
ARTICLE
2.
Right of
the people in member states to vote
for
President
and Vice President.
Each
member state shall conduct a state-wide popular election for President and Vice
President of the United States.
ARTICLE
3.
Manner
of appointing presidential electors in member states.
Prior
to the time set by law for the meeting and voting by the presidential electors,
the chief election official of each member state shall determine the number of
votes for each presidential slate in each State of the United States and in the
District of Columbia in which votes have been cast in a state-wide popular
election and shall add such votes together to produce a 'national popular vote
total' for each presidential slate.
The
chief election official of each member state shall designate the presidential
slate with the largest national popular vote total as the 'national popular vote
winner.'
The
presidential elector certifying official of each member state shall certify the
appointment in that official's own state of the elector slate nominated in that
state in association with the national popular vote winner.
At
least six days before the day fixed by law for the meeting and voting by the
presidential electors, each member state shall make a final determination of the
number of popular votes cast in the state for each presidential slate and shall
communicate an official statement of such determination within 24 hours to the
chief election official of each other member state.
The
chief election official of each member state shall treat as conclusive an
official statement containing the number of popular votes in a state for each
presidential slate made by the day established by federal law for making a
state's final determination conclusive as to the counting of electoral votes by
Congress.
In
the event of a tie for the national popular vote winner, the presidential
elector certifying official of each member state shall certify the appointment
of the elector slate nominated in association with the presidential slate
receiving the largest number of popular votes within that official's own
state.
If,
for any reason, the number of presidential electors nominated in a member state
in association with the national popular vote winner is less than or greater
than that state's number of electoral votes, the presidential candidate on the
presidential slate that has been designated as the national popular vote winner
shall have the power to nominate the presidential electors for that state and
that state's presidential elector certifying official shall certify the
appointment of such nominees. The chief election official of each member state
shall immediately release to the public all vote counts or statement of votes as
they are determined or obtained.
This
article shall govern the appointment of presidential electors in each member
state in any year in which this agreement is, on July 20, in effect in states
cumulatively possessing a majority of the electoral votes.
ARTICLE
4.
Other
provisions.
This
agreement shall take effect when states cumulatively possessing a majority of
the electoral votes have enacted this agreement in substantially the same form
and the enactments by such states have taken effect in each state.
Any
member state may withdraw from this agreement, except that a withdrawal
occurring six months or less before the end of a president's term shall not
become effective until a president or vice president shall have been qualified
to serve the next term.
The
chief executive of each member state shall promptly notify the chief executive
of all other states of when this agreement has been enacted and has taken effect
in that official's state, when the state has withdrawn from this agreement, and
when this agreement takes effect generally.
This
agreement shall terminate if the electoral college is abolished.
If
any provision of this agreement is held invalid, the remaining provisions shall
not be affected.
ARTICLE
5.
Definitions.
For
purposes of this agreement:
'Chief
election official' shall mean the state official or body that is authorized to
certify the total number of popular votes for each presidential
slate;
'Chief
executive' shall mean the Governor of a State of the United States or the Mayor
of the District of Columbia;
'Elector
slate' shall mean a slate of candidates who have been nominated in a state for
the position of presidential elector in association with a presidential
slate;
'Presidential
elector' shall mean an elector for President and Vice President of the United
States;
'Presidential
elector certifying official' shall mean the state official or body that is
authorized to certify the appointment of the state's presidential
electors;
'Presidential
slate' shall mean a slate of two persons, the first of whom has been nominated
as a candidate for President of the United States and the second of whom has
been nominated as a candidate for Vice President of the United States, or any
legal successors to such persons, regardless of whether both names appear on the
ballot presented to the voter in a particular state;
'State'
shall mean a State of the United States and the District of Columbia;
and
'State-wide
popular election' shall mean a general election in which votes are cast for
presidential slates by individual voters and counted on a state-wide
basis."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.