THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY ALLOWAY, ERICKSON, ARGALL, WAUGH, SOLOBAY, FONTANA, VANCE AND MENSCH, JUNE 17, 2011

REFERRED TO STATE GOVERNMENT, JUNE 17, 2011  

AN ACT

Authorizing the Commonwealth of Pennsylvania to join the

Agreement Among the States to Elect the President by National

Popular Vote; and providing for the form of the agreement.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Short title.

This act shall be known and may be cited as the Agreement

Among the States to Elect the President by National Popular Vote

Act.

Section 2.  Text of agreement.

The Agreement Among the States to Elect the President by

National Popular Vote is enacted into law and entered into with

all other signatory jurisdictions in substantially the following

form:

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 24 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 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 executive" shall mean the Governor of a state of the

United States or the Mayor of the District of Columbia;

"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;

"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 person, 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.

Section 3.  Publication in Pennsylvania Bulletin.

In the event that the Agreement Among the States to Elect the

President by National Popular Vote takes effect according to

Article III thereof, the Secretary of the Commonwealth shall

forward the agreement to the Legislative Reference Bureau for

publication as a notice in the Pennsylvania Bulletin. The notice

shall include the date on which the agreement became effective

between the Commonwealth and any other states.

Section 4.  Effective date.

This act shall take effect immediately.