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H.B. 346

             1     

COMPACT AGREEMENT AMONG THE STATES

             2     
TO ELECT THE PRESIDENT BY NATIONAL

             3     
POPULAR VOTE

             4     
2007 GENERAL SESSION

             5     
STATE OF UTAH

             6     
Chief Sponsor: Neil A. Hansen

             7     
Senate Sponsor: ____________

             8     
             9      LONG TITLE
             10      General Description:
             11          This bill modifies the Election Code to enact an Agreement Among the States to Elect
             12      the President by National Popular Vote.
             13      Highlighted Provisions:
             14          This bill:
             15          .    enacts an agreement between states to elect the president and vice president of the
             16      United States by national popular vote; and
             17          .    provides certain definitions.
             18      Monies Appropriated in this Bill:
             19          None
             20      Other Special Clauses:
             21          None
             22      Utah Code Sections Affected:
             23      ENACTS:
             24          20A-13-401, Utah Code Annotated 1953
             25     
             26      Be it enacted by the Legislature of the state of Utah:
             27          Section 1. Section 20A-13-401 is enacted to read:



             28     
Part 4. Election of President by National Popular Vote

             29          20A-13-401. Agreement Among the States to Elect the President by National
             30      Popular Vote.
             31          Pursuant to the terms and conditions of this act, the state of Utah seeks to join with
             32      other states and enact the Agreement Among the States to Elect the President by National
             33      Popular Vote in the form substantially as follows:
             34          (1) Article I. Membership - Any state of the United States and the District of
             35      Columbia may become a member of this agreement by enacting this agreement.
             36          (2) Article II. Right of the People in Member States to Vote for President and Vice
             37      President - Each member state shall conduct a statewide popular election for President and
             38      Vice President of the United States.
             39          (3) Article III. Manner of Appointing Presidential Electors in Member States:
             40          (a) Prior to the time set by law for the meeting and voting by the presidential electors,
             41      the chief election official of each member state shall determine the number of votes for each
             42      presidential slate in each state of the United States and in the District of Columbia in which
             43      votes have been cast in a statewide popular election and shall add such votes together to
             44      produce a "national popular vote total" for each presidential slate.
             45          (b) The chief election official of each member state shall designate the presidential
             46      slate with the largest national popular vote total as the "national popular vote winner."
             47          (c) The presidential elector certifying official of each member state shall certify the
             48      appointment in that official's own state of the elector slate nominated in that state in association
             49      with the national popular vote winner.
             50          (d) At least six days before the day fixed by law for the meeting and voting by the
             51      presidential electors, each member state shall make a final determination of the number of
             52      popular votes cast in the state for each presidential slate and shall communicate an official
             53      statement of such determination within 24 hours to the chief election official of each other
             54      member state.
             55          (e) The chief election official of each member state shall treat as conclusive an official
             56      statement containing the number of popular votes in a state for each presidential slate made by
             57      the day established by federal law for making a state's final determination conclusive as to the
             58      counting of electoral votes by Congress.


             59          (f) In event of a tie for the national popular vote winner, the presidential elector
             60      certifying official of each member state shall certify the appointment of the elector slate
             61      nominated in association with the presidential slate receiving the largest number of popular
             62      votes within that official's own state.
             63          (g) If, for any reason, the number of presidential electors nominated in a member state
             64      in association with the national popular vote winner is less than or greater than that state's
             65      number of electoral votes, the presidential candidate on the presidential slate that has been
             66      designated as the national popular vote winner shall have the power to nominate the
             67      presidential electors for that state and that state's presidential elector certifying official shall
             68      certify the appointment of such nominees.
             69          (h) The chief election official of each member state shall immediately release to the
             70      public all vote counts or statements of votes as they are determined or obtained.
             71          (i) This article shall govern the appointment of presidential electors in each member
             72      state in any year in which this agreement is, on July 20, in effect in states cumulatively
             73      possessing a majority of the electoral votes.
             74          (4) Article IV. Other Provisions
             75          (a) This agreement shall take effect when states cumulatively possessing a majority of
             76      the electoral votes have enacted this agreement in substantially the same form and the
             77      enactments by such states have taken effect in each state.
             78          (b) Any member state may withdraw from this agreement, except that a withdrawal
             79      occurring six months or less before the end of a President's term shall not become effective
             80      until a President or Vice President shall have been qualified to serve the next term.
             81          (c) The chief executive of each member state shall promptly notify the chief executive
             82      of all other states of when this agreement has been enacted and has taken effect in that official's
             83      state, when the state has withdrawn from this agreement, and when this agreement takes effect
             84      generally.
             85          (d) This agreement shall terminate if the electoral college is abolished.
             86          (e) If any provision of this agreement is held invalid, the remaining provisions shall not
             87      be affected.
             88          (5) Article V. Definitions - For purposes of this agreement:
             89          (a) "chief executive" shall mean the governor of a state of the United States or the


             90      Mayor of the District of Columbia;
             91          (b) "elector slate" shall mean a slate of candidates who have been nominated in a state
             92      for the position of presidential elector in association with a presidential slate;
             93          (c) "chief election official" shall mean the state official or body that is authorized to
             94      certify the total number of popular votes for each presidential slate;
             95          (d) "presidential elector" shall mean an elector for President and Vice President of the
             96      United States;
             97          (e) "presidential elector certifying official" shall mean the state official or body that is
             98      authorized to certify the appointment of the state's presidential electors;
             99          (f) "presidential slate" shall mean a slate of two persons, the first of whom has been
             100      nominated as a candidate for President of the United States and the second of whom has been
             101      nominated as a candidate for Vice President of the United States, or any legal successors to
             102      such persons, regardless of whether both names appear on the ballot presented to the voter in a
             103      particular state;
             104          (g) "state" shall mean a state of the United States and the District of Columbia; and
             105          (h) "statewide popular election" shall mean a general election in which votes are cast
             106      for presidential slates by individual voters and counted on a statewide basis.




Legislative Review Note
    as of 1-19-07 11:41 AM


Office of Legislative Research and General Counsel


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