AN ACT

 

1Authorizing the Commonwealth of Pennsylvania to join the 
2Agreement Among the States to Elect the President by National
3Popular Vote; and providing for the form of the agreement.

4The General Assembly of the Commonwealth of Pennsylvania
5hereby enacts as follows:

6Section 1. Short title.

7This act shall be known and may be cited as the Agreement
8Among the States to Elect the President by National Popular Vote
9Act.

10Section 2. Text of agreement.

11The Agreement Among the States to Elect the President by
12National Popular Vote is enacted into law and entered into with
13all other signatory jurisdictions in substantially the following
14form:

15ARTICLE I

16MEMBERSHIP

17Any state of the United States and the District of Columbia

1may become a member of this agreement by enacting this
2agreement.

3ARTICLE II

4RIGHT OF THE PEOPLE IN MEMBER STATES TO VOTE

5FOR PRESIDENT AND VICE PRESIDENT

6Each member state shall conduct a statewide popular election
7for President and Vice President of the United States.

8ARTICLE III

9MANNER OF APPOINTING PRESIDENTIAL ELECTORS IN MEMBER STATES

10Prior to the time set by law for the meeting and voting by
11the presidential electors, the chief election official of each
12member state shall determine the number of votes for each
13presidential slate in each state of the United States and in the
14District of Columbia in which votes have been cast in a
15statewide popular election and shall add such votes together to
16produce a "national popular vote total" for each presidential
17slate.

18The chief election official of each member state shall
19designate the presidential slate with the largest national
20popular vote total as the "national popular vote winner."

21The presidential elector certifying official of each member
22state shall certify the appointment in that official's own state
23of the elector slate nominated in that state in association with
24the national popular vote winner.

25At least six days before the day fixed by law for the meeting
26and voting by the presidential electors, each member state shall
27make a final determination of the number of popular votes cast
28in the state for each presidential slate and shall communicate
29an official statement of such determination within 24 hours to
30the chief election official of each other member state.

1The chief election official of each member state shall treat
2as conclusive an official statement containing the number of
3popular votes in a state for each presidential slate made by the
4day established by Federal law for making a state's final
5determination as to the counting of electoral votes by Congress.

6In event of a tie for the national popular vote winner, the
7presidential elector certifying official of each member state
8shall certify the appointment of the elector slate nominated in
9association with the presidential slate receiving the largest
10number of popular votes within that official's own state.

11If, for any reason, the number of presidential electors
12nominated in a member state in association with the national
13popular vote winner is less than or greater than that state's
14number of electoral votes, the presidential candidate on the
15presidential slate that has been designated as the national
16popular vote winner shall have the power to nominate the
17presidential electors for that state and that state's
18presidential elector certifying official shall certify the
19appointment of such nominees.

20The chief election official of each member state shall
21immediately release to the public all vote counts or statements
22of votes as they are determined or obtained.

23This article shall govern the appointment of presidential
24electors in each member state in any year in which this
25agreement is, on July 20, in effect in states cumulatively
26possessing a majority of the electoral votes.

27ARTICLE IV

28OTHER PROVISIONS

29This agreement shall take effect when states cumulatively
30possessing a majority of the electoral votes have enacted this

1agreement in substantially the same form and the enactments by
2such states have taken effect in each state.

3Any member state may withdraw from this agreement, except
4that a withdrawal occurring six months or less before the end of
5a President's term shall not become effective until a President
6or Vice President shall have been qualified to serve the next
7term.

8The chief executive of each member state shall promptly
9notify the chief executive of all other states of when this
10agreement has been enacted and has taken effect in that
11official's state, when the state has withdrawn from this
12agreement and when this agreement takes effect generally.

13This agreement shall terminate if the electoral college is
14abolished.

15If any provision of this agreement is held invalid, the
16remaining provisions shall not be affected.

17ARTICLE V

18DEFINITIONS

19For purposes of this agreement,

20"Chief election official" shall mean the state official or
21body that is authorized to certify the total number of popular
22votes for each presidential slate;

23"Chief executive" shall mean the Governor of a state of the
24United States or the Mayor of the District of Columbia;

25"Elector slate" shall mean a slate of candidates who have
26been nominated in a state for the position of presidential
27elector in association with a presidential slate;

28"Presidential elector" shall mean an elector for President
29and Vice President of the United States;

30"Presidential elector certifying official" shall mean the

1state official or body that is authorized to certify the
2appointment of the state's presidential electors;

3"Presidential slate" shall mean a slate of two persons, the
4first of whom has been nominated as a candidate for President of
5the United States and the second of whom has been nominated as a
6candidate for Vice President of the United States, or any legal
7successors to such person, regardless of whether both names
8appear on the ballot presented to the voter in a particular
9state;

10"State" shall mean a state of the United States and the
11District of Columbia; and

12"Statewide popular election" shall mean a general election in
13which votes are cast for presidential slates by individual
14voters and counted on a statewide basis.

15Section 3. Publication in Pennsylvania Bulletin.

16In the event that the Agreement Among the States to Elect the
17President by National Popular Vote takes effect according to
18Article III thereof, the Secretary of the Commonwealth shall
19forward the agreement to the Legislative Reference Bureau for
20publication as a notice in the Pennsylvania Bulletin. The notice
21shall include the date on which the agreement became effective
22between the Commonwealth and any other states.

23Section 4. Effective date.

24This act shall take effect immediately.