[§14D-1  Enactment of agreement.]

 

 

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 OFTHE PEOPLE IN MEMBER STATES TO

VOTE FORPRESIDENT AND VICE PRESIDENT

Each member state shall conduct a statewidepopular election for President and Vice President of the United States.

ARTICLEIII

MANNER OFAPPOINTING PRESIDENTIAL

ELECTORSIN MEMBER STATES

Prior to the time set by law for the meetingand voting by the presidential electors, the chief election official of eachmember state shall determine the number of votes for each presidential slate ineach state of the United States and in the District of Columbia in which voteshave been cast in a statewide popular election and shall add such votestogether to produce a "national popular vote total" for eachpresidential slate.

The chief election official of each memberstate shall designate the presidential slate with the largest national popularvote total as the "national popular vote winner".  The presidentialelector certifying official of each member state shall certify the appointmentin that official's own state of the elector slate nominated in that state inassociation with the national popular vote winner.

At least six days before the day fixed by lawfor the meeting and voting by the presidential electors, each member stateshall make a final determination of the number of popular votes cast in thestate for each presidential slate and shall communicate an official statementof such determination within twenty-four hours to the chief election officialof each other member state.

The chief election official of each memberstate shall treat as conclusive an official statement containing the number ofpopular votes in a state for each presidential slate made by the dayestablished by federal law for making a state's final determination conclusiveas to the counting of electoral votes by Congress.

In event of a tie for the national popular votewinner, the presidential elector certifying official of each member state shallcertify the appointment of the elector slate nominated in association with thepresidential slate receiving the largest number of popular votes within thatofficial's own state.

If, for any reason, the number of presidentialelectors nominated in a member state in association with the national popularvote winner is less than or greater than that state's number of electoralvotes, the presidential candidate on the presidential slate that has beendesignated as the national popular vote winner shall have the power to nominatethe presidential electors for that state and that state's presidential electorcertifying official shall certify the appointment of such nominees.  The chiefelection official of each member state shall immediately release to the publicall vote counts or statements of votes as they are determined or obtained.

This article shall govern the appointment ofpresidential electors in each member state in any year in which this agreementis, on July 20, in effect in states cumulatively possessing a majority of theelectoral votes.

ARTICLE IV

OTHERPROVISIONS

This agreement shall take effect when statescumulatively possessing a majority of the electoral votes have enacted thisagreement in substantially the same form and the enactments by such states havetaken effect in each state.

Any member state may withdraw from thisagreement, except that a withdrawal occurring six months or less before the endof a President's term shall not become effective until a President or VicePresident shall have been qualified to serve the next term.

The chief executive of each member state shallpromptly notify the chief executive of all other states of when this agreementhas been enacted and has taken effect in that official's state, when the statehas withdrawn from this agreement, and when this agreement takes effectgenerally.

This agreement shall terminate if the electoralcollege is abolished.

If any provision of this agreement is heldinvalid, the remaining provisions shall not be affected.

ARTICLE V

DEFINITIONS

For purposes of this agreement:

"Chief election official" shall meanthe state official or body that is authorized to certify the total number ofpopular votes for each presidential slate;

"Chief executive" shall mean thegovernor of a state of the United States or the mayor of the District of Columbia;

"Elector slate" shall mean a slate ofcandidates who have been nominated in a state for the position of presidentialelector in association with a presidential slate;

"Presidential elector" shall mean anelector for President and Vice President of the United States;

"Presidential elector certifyingofficial" shall mean the state official or body that is authorized tocertify the appointment of the state's presidential electors;

"Presidential slate" shall mean aslate of two persons, the first of whom has been nominated as a candidate forPresident of the United States and the second of whom has been nominated as acandidate for Vice President of the United States, or any legal successors tosuch persons, regardless of whether both names appear on the ballot presentedto the voter in a particular state;

"State" shall mean a state of theUnited States and the District of Columbia; and

"Statewidepopular election" shall mean a general election in which votes are castfor presidential slates by individual voters and counted on a statewide basis. [L 2008, c 62, §1]