! The Capitol Complex is closed to the public due to COVID-19. All meetings will be held virtually online. View procedures and guidelines (PDF) for remote public comment and virtual meeting instructions (PDF).

Download Zipped Introduced WordPerfect SB0063.ZIP
[Status][Bill Documents][Fiscal Note][Bills Directory]

S.B. 63

             1     

NATIONAL POPULAR VOTE

             2     
2012 GENERAL SESSION

             3     
STATE OF UTAH

             4     
Chief Sponsor: Howard A. Stephenson

             5     
House Sponsor: ____________

             6     
             7      LONG TITLE
             8      General Description:
             9          This bill modifies the Election Code to enact an agreement among the states to elect the
             10      President of the United States by national popular vote.
             11      Highlighted Provisions:
             12          This bill:
             13          .    defines terms;
             14          .    provides that presidential electors are elected based on the presidential candidate
             15      who receives the most popular votes in all 50 states and the District of Columbia
             16      rather than the presidential candidate who receives the highest number of votes in
             17      the state;
             18          .    enacts an agreement between states to elect the President and Vice President of the
             19      United States by national popular vote;
             20          .    provides certain procedures for election officials; and
             21          .    provides conditions for the agreement to take effect.
             22      Money Appropriated in this Bill:
             23          None
             24      Other Special Clauses:
             25          None
             26      Utah Code Sections Affected:
             27      AMENDS:


             28          20A-4-306, as last amended by Laws of Utah 2011, Third Special Session, Chapter 2
             29          20A-13-301, as last amended by Laws of Utah 2011, Third Special Session, Chapter 2
             30          20A-13-302, as last amended by Laws of Utah 2001, Chapter 78
             31      ENACTS:
             32          20A-13-401, Utah Code Annotated 1953
             33     
             34      Be it enacted by the Legislature of the state of Utah:
             35          Section 1. Section 20A-4-306 is amended to read:
             36           20A-4-306. Statewide canvass.
             37          (1) (a) The state board of canvassers shall convene:
             38          (i) on the fourth Monday of November, at noon; or
             39          (ii) at noon on the day following the receipt by the lieutenant governor of the last of the
             40      returns of a statewide special election.
             41          (b) The state auditor, the state treasurer, and the attorney general are the state board of
             42      canvassers.
             43          (c) Attendance of all members of the state board of canvassers shall be required to
             44      constitute a quorum for conducting the canvass.
             45          (2) (a) The state board of canvassers shall:
             46          (i) meet in the lieutenant governor's office; and
             47          (ii) compute and determine the vote for officers and for and against any ballot
             48      propositions voted upon by the voters of the entire state or of two or more counties.
             49          (b) The lieutenant governor, as secretary of the board shall file a report in his office
             50      that details:
             51          (i) for each statewide officer and ballot proposition:
             52          (A) the name of the statewide office or ballot proposition that appeared on the ballot;
             53          (B) the candidates for each statewide office whose names appeared on the ballot, plus
             54      any recorded write-in candidates;
             55          (C) the number of votes from each county cast for each candidate and for and against
             56      each ballot proposition;
             57          (D) the total number of votes cast statewide for each candidate and for and against each
             58      ballot proposition; and


             59          (E) the total number of votes cast statewide; and
             60          (ii) for each officer or ballot proposition voted on in two or more counties:
             61          (A) the name of each of those offices and ballot propositions that appeared on the
             62      ballot;
             63          (B) the candidates for those offices, plus any recorded write-in candidates;
             64          (C) the number of votes from each county cast for each candidate and for and against
             65      each ballot proposition; and
             66          (D) the total number of votes cast for each candidate and for and against each ballot
             67      proposition.
             68          (c) The lieutenant governor shall:
             69          (i) prepare certificates of election for:
             70          (A) each successful candidate; and
             71          (B) each of the presidential electors of the candidate for president [who received a
             72      majority of the votes] in accordance with Section 20A-13-301 ;
             73          (ii) authenticate each certificate with his seal; and
             74          (iii) deliver a certificate of election to:
             75          (A) each candidate who had the highest number of votes for each office; and
             76          (B) each of the presidential electors of the candidate for president [who received a
             77      majority of the votes] in accordance with Section 20A-13-302 .
             78          (3) If the lieutenant governor has not received election returns from all counties on the
             79      fifth day before the day designated for the meeting of the state board of canvassers, the
             80      lieutenant governor shall:
             81          (a) send a messenger to the clerk of the board of county canvassers of the delinquent
             82      county;
             83          (b) instruct the messenger to demand a certified copy of the board of canvasser's report
             84      required by Section 20A-4-304 from the clerk; and
             85          (c) pay the messenger the per diem provided by law as compensation.
             86          (4) The state board of canvassers may not withhold the declaration of the result or any
             87      certificate of election because of any defect or informality in the returns of any election if the
             88      board can determine from the returns, with reasonable certainty, what office is intended and
             89      who is elected to it.


             90          (5) (a) At noon on the fourth Monday after the regular primary election, the lieutenant
             91      governor shall:
             92          (i) canvass the returns for all multicounty candidates required to file with the office of
             93      the lieutenant governor; and
             94          (ii) publish and file the results of the canvass in the lieutenant governor's office.
             95          (b) Not later than the August 1 after the primary election, the lieutenant governor shall
             96      certify the results of:
             97          (i) the primary canvass, except for the office of President of the United States, to the
             98      county clerks; and
             99          (ii) the primary canvass for the office of President of the United States to each
             100      registered political party that participated in the primary.
             101          (6) (a) At noon on the day that falls seven days after the last day on which a county
             102      canvass may occur under Section 20A-4-301 for the Western States Presidential Primary
             103      election, the lieutenant governor shall:
             104          (i) canvass the returns; and
             105          (ii) publish and file the results of the canvass in the lieutenant governor's office.
             106          (b) The lieutenant governor shall certify the results of the Western States Presidential
             107      Primary canvass to each registered political party that participated in the primary not later than
             108      the April 15 after the primary election.
             109          Section 2. Section 20A-13-301 is amended to read:
             110           20A-13-301. Presidential elections -- Effect of vote.
             111          (1) (a) Each registered political party shall choose persons to act as presidential electors
             112      and to fill vacancies in the office of presidential electors for their party's candidates for
             113      President and Vice President according to the procedures established in their bylaws.
             114          (b) Each registered political party shall certify to the lieutenant governor the names and
             115      addresses of the persons selected by the political party as the party's presidential electors by
             116      August 31.
             117          (2) [The] Except as provided by Subsection (3), the highest number of votes cast for a
             118      political party's president and vice president candidates elects the presidential electors selected
             119      by that political party.
             120          (3) The Agreement Among the States to Elect the President by National Popular Vote


             121      governs the appointment of presidential electors if the agreement is in effect as provided by
             122      Section 20A-13-401 .
             123          Section 3. Section 20A-13-302 is amended to read:
             124           20A-13-302. Certificate of election.
             125          (1) The lieutenant governor shall transmit certificates of election to each of the electors
             126      selected [by the political party whose candidates for president and vice president received the
             127      highest number of votes in Utah] in accordance with Section 20A-13-301 .
             128          (2) Presidential electors may not receive compensation for their services.
             129          Section 4. Section 20A-13-401 is enacted to read:
             130     
Part 4. Agreement Among the States to Elect the President by National Popular Vote

             131          20A-13-401. Agreement among the states to elect the president by national
             132      popular vote.
             133          Pursuant to the terms and conditions of this part, the state seeks to join with other states
             134      and enact the Agreement Among the States to Elect the President by National Popular Vote in
             135      the form substantially as follows:
             136          (1) Article I. Membership - Any state of the United States and the District of
             137      Columbia may become a member of this agreement by enacting this agreement.
             138          (2) Article II. Right of the People in Member States to Vote for President and Vice
             139      President - Each member state shall conduct a statewide popular election for president and vice
             140      president of the United States.
             141          (3) Article III. Manner of Appointing Presidential Electors in Member States:
             142          (a) Prior to the time set by law for the meeting and voting by the presidential electors,
             143      the chief election official of each member state shall determine the number of votes for each
             144      presidential slate in each state of the United States and in the District of Columbia in which
             145      votes have been cast in a statewide popular election and shall add such votes together to
             146      produce a "national popular vote total" for each presidential slate.
             147          (b) The chief election official of each member state shall designate the presidential
             148      slate with the largest national popular vote total as the "national popular vote winner."
             149          (c) The presidential elector certifying official of each member state shall certify the
             150      appointment in that official's own state of the elector slate nominated in that state in association
             151      with the national popular vote winner.


             152          (d) At least six days before the day fixed by law for the meeting and voting by the
             153      presidential electors, each member state shall make a final determination of the number of
             154      popular votes cast in the state for each presidential slate and shall communicate an official
             155      statement of such determination within 24 hours to the chief election official of each other
             156      member state.
             157          (e) The chief election official of each member state shall treat as conclusive an official
             158      statement containing the number of popular votes in a state for each presidential slate made by
             159      the day established by federal law for making a state's final determination conclusive as to the
             160      counting of electoral votes by Congress.
             161          (f) In event of a tie for the national popular vote winner, the presidential elector
             162      certifying official of each member state shall certify the appointment of the elector slate
             163      nominated in association with the presidential slate receiving the largest number of popular
             164      votes within that official's own state.
             165          (g) If, for any reason, the number of presidential electors nominated in a member state
             166      in association with the national popular vote winner is less than or greater than that state's
             167      number of electoral votes, the presidential candidate on the presidential slate that has been
             168      designated as the national popular vote winner shall have the power to nominate the
             169      presidential electors for that state and that state's presidential elector certifying official shall
             170      certify the appointment of such nominees.
             171          (h) The chief election official of each member state shall immediately release to the
             172      public all vote counts or statements of votes as they are determined or obtained.
             173          (i) This article shall govern the appointment of presidential electors in each member
             174      state in any year in which this agreement is, on July 20, in effect in states cumulatively
             175      possessing a majority of the electoral votes.
             176          (4) Article IV. Other Provisions:
             177          (a) This agreement shall take effect when states cumulatively possessing a majority of
             178      the electoral votes have enacted this agreement in substantially the same form and the
             179      enactments by such states have taken effect in each state.
             180          (b) Any member state may withdraw from this agreement, except that a withdrawal
             181      occurring six months or less before the end of a president's term shall not become effective
             182      until a president or vice president shall have been qualified to serve the next term.


             183          (c) The chief executive of each member state shall promptly notify the chief executive
             184      of all other states of when this agreement has been enacted and has taken effect in that official's
             185      state, when the state has withdrawn from this agreement, and when this agreement takes effect
             186      generally.
             187          (d) This agreement shall terminate if the electoral college is abolished.
             188          (e) If any provision of this agreement is held invalid, the remaining provisions shall not
             189      be affected.
             190          (5) Article V. Definitions - For purposes of this agreement:
             191          (a) "Chief election official" shall mean the state official or body that is authorized to
             192      certify the total number of popular votes for each presidential slate.
             193          (b) "Chief executive" shall mean the governor of a state of the United States or the
             194      mayor of the District of Columbia.
             195          (c) "Elector slate" shall mean a slate of candidates who have been nominated in a state
             196      for the position of presidential elector in association with a presidential slate.
             197          (d) "Presidential elector" shall mean an elector for president and vice president of the
             198      United States.
             199          (e) "Presidential elector certifying official" shall mean the state official or body that is
             200      authorized to certify the appointment of the state's presidential electors.
             201          (f) "Presidential slate" shall mean a slate of two persons, the first of whom has been
             202      nominated as a candidate for president of the United States and the second of whom has been
             203      nominated as a candidate for vice president of the United States, or any legal successors to such
             204      persons, regardless of whether both names appear on the ballot presented to the voter in a
             205      particular state.
             206          (g) "State" shall mean a state of the United States and the District of Columbia.
             207          (h) "Statewide popular election" shall mean a general election in which votes are cast
             208      for presidential slates by individual voters and counted on a statewide basis.




Legislative Review Note
    as of 2-3-12 8:55 AM


Office of Legislative Research and General Counsel


[Bill Documents][Bills Directory]