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