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SF 2984

as introduced - 91st Legislature (2019 - 2020) Posted on 02/13/2020 03:15pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
proposing an amendment to the Minnesota Constitution by adding a section to
article VII; entering into 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:

ARTICLE 1

CONSTITUTIONAL AMENDMENT

Section 1. new text beginCONSTITUTIONAL AMENDMENT PROPOSED.
new text end

new text begin An amendment to the Minnesota Constitution is proposed to the people. If the amendment
is adopted, a section shall be added to article VII, to read:
new text end

new text begin Sec. 10. new text end

new text begin The state of Minnesota adopts and agrees to enter into the Agreement Among
the States to Elect the President by National Popular Vote. The agreement shall be provided
by law and take effect when states cumulatively possessing a majority of the electoral votes
have enacted the agreement in substantially the same form and the enactments by the states
have taken effect in each state. Upon the agreement taking effect, the state shall designate
the state's presidential electors according to the national popular vote winner.
new text end

Sec. 2. new text beginSUBMISSION TO VOTERS; EFFECTIVE DATE.
new text end

new text begin (a) The proposed amendment must be submitted to the people at the 2020 general election.
The question submitted must be:
new text end

new text begin "Shall the Minnesota Constitution be amended to provide that the state of Minnesota
agrees to enter into the Agreement Among the States to Elect the President by National
Popular Vote and, once the necessary number of states have joined the agreement, to
designate the state's electoral votes based on the national popular vote winner?
new text end

new text begin Yes .
new text end
new text begin No .
new text end
new text begin "
new text end

new text begin (b) This article is effective January 1, 2022, or upon the agreement taking effect as
provided in section 1, whichever is later.
new text end

ARTICLE 2

NATIONAL POPULAR VOTE ENABLING LEGISLATION

Section 1.

new text begin [208.051] AGREEMENT AMONG THE STATES TO ELECT THE
PRESIDENT BY NATIONAL POPULAR VOTE.
new text end

new text begin 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 the agreement in
substantially the following form:
new text end

new text begin Article I - Membership
new text end

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

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

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

new text begin Article III - Manner of Appointing Presidential Electors in Member States
new text end

new text begin 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 the 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 the
determination within 24 hours to the chief election official of every 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 the
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 in effect on July 20 in states cumulatively possessing a majority of
the electoral votes.
new text end

new text begin Article IV - Other Provisions
new text end

new text begin This agreement takes effect when states cumulatively possessing a majority of the
electoral votes have enacted this agreement in substantially the same form and the enactments
by the 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 is 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.
new text end

new text begin Article V - Definitions
new text end

new text begin For purposes of this agreement:
new text end

new text begin (1) "chief executive" means the governor of a state of the United States or the mayor of
the District of Columbia;
new text end

new text begin (2) "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;
new text end

new text begin (3) "chief election official" means the state official or body that is authorized to certify
the total number of popular votes for each presidential slate;
new text end

new text begin (4) "presidential elector" means an elector for president and vice president of the United
States;
new text end

new text begin (5) "presidential elector certifying official" means the state official or body that is
authorized to certify the appointment of the state's presidential electors;
new text end

new text begin (6) "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 those persons,
regardless of whether both names appear on the ballot presented to the voter in a particular
state;
new text end

new text begin (7) "state" means a state of the United States and the District of Columbia; and
new text end

new text begin (8) "statewide popular election" means a general election in which votes are cast for
presidential slates by individual voters and counted on a statewide basis.
new text end

Sec. 2. new text beginEFFECTIVE DATE.
new text end

new text begin If the constitutional amendment in article 1 is approved by the voters at the 2020 general
election, this article is effective January 1, 2022, or upon the agreement taking effect as
provided in section 1, whichever is later.
new text end