[§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 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 twenty-four 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 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



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