1     
NATIONAL POPULAR VOTE COMPACT

2     
2021 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Derek L. Kitchen

5     
House Sponsor: ____________

6     

7     LONG TITLE
8     General Description:
9          This bill modifies the Election Code to enact an interstate compact to elect the president
10     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 nationally;
16          ▸     enacts an agreement among the states to elect the president and vice president of the
17     United States by national popular vote;
18          ▸     provides certain procedures for election officials;
19          ▸     provides conditions for the agreement to take effect; and
20          ▸     makes technical changes.
21     Money Appropriated in this Bill:
22          None
23     Other Special Clauses:
24          None
25     Utah Code Sections Affected:
26     AMENDS:
27          20A-4-306, as last amended by Laws of Utah 2019, Chapter 433

28          20A-13-301, as last amended by Laws of Utah 2020, Chapter 22
29     ENACTS:
30          20A-13-305, Utah Code Annotated 1953
31     

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

59          (A) the name of each of those offices and ballot propositions that appeared on the
60     ballot;
61          (B) the candidates for those offices, plus any recorded write-in candidates;
62          (C) the number of votes from each county cast for each candidate and for and against
63     each ballot proposition; and
64          (D) the total number of votes cast for each candidate and for and against each ballot
65     proposition.
66          (c) The lieutenant governor shall:
67          (i) prepare certificates of election for:
68          (A) each successful candidate; and
69          (B) each of the presidential electors [of the candidate for president who received a
70     majority of the votes] elected or appointed in accordance with Subsection 20A-13-301(2);
71          (ii) authenticate each certificate with his seal; and
72          (iii) deliver a certificate of election to:
73          (A) each candidate who had the highest number of votes for each office; and
74          (B) each of the presidential electors [of the candidate for president who received a
75     majority of the votes] described in Section 20A-13-302.
76          (3) If the lieutenant governor has not received election returns from all counties on the
77     fifth day before the day designated for the meeting of the state board of canvassers, the
78     lieutenant governor shall:
79          (a) send a messenger to the clerk of the board of county canvassers of the delinquent
80     county;
81          (b) instruct the messenger to demand a certified copy of the board of canvasser's report
82     required by Section 20A-4-304 from the clerk; and
83          (c) pay the messenger the per diem provided by law as compensation.
84          (4) The state board of canvassers may not withhold the declaration of the result or any
85     certificate of election because of any defect or informality in the returns of any election if the
86     board can determine from the returns, with reasonable certainty, what office is intended and
87     who is elected to it.
88          (5) (a) At noon on the fourth Monday after the regular primary election, the lieutenant
89     governor shall:

90          (i) canvass the returns for all multicounty candidates required to file with the office of
91     the lieutenant governor; and
92          (ii) publish and file the results of the canvass in the lieutenant governor's office.
93          (b) Not later than the August 1 after the primary election, the lieutenant governor shall
94     certify the results of the primary canvass to the county clerks.
95          (6) (a) At noon on the fourth Tuesday in March of a year in which a presidential
96     election will be held, the lieutenant governor shall:
97          (i) canvass the returns of the presidential primary election; and
98          (ii) publish and file the results of the canvass in the lieutenant governor's office.
99          (b) The lieutenant governor shall certify the results of the presidential primary election
100     canvass to each registered political party that participated in the primary not later than the April
101     15 after the primary election.
102          Section 2. Section 20A-13-301 is amended to read:
103          20A-13-301. Presidential elections -- Effect of vote.
104          (1) (a) Each registered political party shall choose individuals to act as presidential
105     electors and to fill vacancies in the office of presidential electors for their party's candidates for
106     president and vice president of the United States according to the procedures established in
107     [their] the political party's bylaws.
108          (b) Each registered political party shall certify to the lieutenant governor the names and
109     addresses of the individuals selected by the political party as the party's presidential electors
110     before 5 p.m. no later than August 31.
111          (c) An unaffiliated candidate or write-in candidate for the office of president of the
112     United States shall, no later than 5 p.m. ten days after the day on which the candidate files a
113     declaration of candidacy, certify to the lieutenant governor the names and addresses of each
114     individual selected by the candidate as a presidential elector for the candidate and each
115     individual selected by the candidate to fill a vacancy in the office of presidential elector for the
116     candidate.
117          (2) [The] Except as provided in Subsection (3), the highest number of votes cast for
118     candidates for president and vice president of the United States elects the presidential electors
119     for:
120          (a) except as provided in Subsection (2)(b), the political party of those candidates; or

121          (b) if the candidates receiving the highest number of votes are unaffiliated candidates
122     or write-in candidates, the presidential electors selected for those candidates under Subsection
123     (1)(c).
124          (3) If the Agreement Among the States to Elect the President by National Popular Vote
125     is in effect as described in Section 20A-13-305, the agreement governs the appointment of
126     presidential electors.
127          Section 3. Section 20A-13-305 is enacted to read:
128          20A-13-305. Agreement Among the States to Elect the President by National
129     Popular Vote.
130          Pursuant to the terms and conditions of this part, the state seeks to join with other states
131     and enact the Agreement Among the States to Elect the President by National Popular Vote in
132     the form substantially as follows:
133          (1) Article I. Membership - Any State of the United States and the District of Columbia
134     may become a member of this agreement by enacting this agreement.
135          (2) Article II. Right of the People in Member States to Vote for President and Vice
136     President - Each member state shall conduct a statewide popular election for president and vice
137     president of the United States.
138          (3) Article III. Manner of Appointing Presidential Electors in Member States:
139          (a) Prior to the time set by law for the meeting and voting by the presidential electors,
140     the chief election official of each member state shall determine the number of votes for each
141     presidential slate in each state of the United States and in the District of Columbia in which
142     votes have been cast in a statewide popular election and shall add such votes together to
143     produce a "national popular vote total" for each presidential slate.
144          (b) The chief election official of each member state shall designate the presidential
145     slate with the largest national popular vote total as the "national popular vote winner."
146          (c) The presidential elector certifying official of each member state shall certify the
147     appointment in that official's own state of the elector slate nominated in that state in association
148     with the national popular vote winner.
149          (d) At least six days before the day fixed by law for the meeting and voting by the
150     presidential electors, each member state shall make a final determination of the number of
151     popular votes cast in the state for each presidential slate and shall communicate an official

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

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