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SF 10

as introduced - 90th Legislature (2017 - 2018) Posted on 06/21/2017 11:31am

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Current Version - as introduced

A bill for an act
relating to elections; enacting the Agreement Among the States to Elect the
President by National Popular Vote; proposing coding for new law in Minnesota
Statutes, chapter 208.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

[208.051] AGREEMENT AMONG THE STATES TO ELECT THE
PRESIDENT BY NATIONAL POPULAR VOTE.

The Agreement Among the States to Elect the President by National Popular Vote is
enacted into law and entered into with all other states legally joining in it in substantially
the following form:

Article I - Membership

Any state of the United States and the District of Columbia may become a member of
this agreement by enacting this agreement.

Article II - Right of the People in Member States to
Vote for President and Vice President

Each member state shall conduct a statewide popular election for president and vice
president of the United States.

Article III - 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 statewide 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 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 statements 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 IV - 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 V - Definitions

For purposes of this agreement,

"chief executive" means the governor of a state of the United States or the mayor of the
District of Columbia;

"elector slate" means a slate of candidates who have been nominated in a state for the
position of presidential elector in association with a presidential slate;

"chief election official" means the state official or body that is authorized to certify the
total number of popular votes for each presidential slate;

"presidential elector" means an elector for president and vice president of the United
States;

"presidential elector certifying official" means the state official or body that is authorized
to certify the appointment of the state's presidential electors;

"presidential slate" means 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" means a state of the United States and the District of Columbia; and

"statewide popular election" means a general election in which votes are cast for
presidential slates by individual voters and counted on a statewide basis.

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