PRINTER'S NO.  1884

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

HOUSE BILL

 

No.

1270

Session of

2011

  

  

INTRODUCED BY CREIGHTON, COHEN, B. BOYLE, BRENNAN, BRIGGS, V. BROWN, CALTAGIRONE, DALEY, DAVIS, EVERETT, FABRIZIO, FLECK, GERGELY, GIBBONS, GINGRICH, GOODMAN, KAUFFMAN, KOTIK, MASSER, MUNDY, MURT, MUSTIO, MYERS, PASHINSKI, PAYTON, PRESTON, PYLE, SANTARSIERO, SCAVELLO, STABACK, STURLA, TAYLOR, THOMAS, WATERS AND YOUNGBLOOD, MAY 12, 2011

  

  

REFERRED TO COMMITTEE ON STATE GOVERNMENT, MAY 12, 2011  

  

  

  

AN ACT

  

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Authorizing the Commonwealth of Pennsylvania to join the

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Agreement Among the States to Elect the President by National

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

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The General Assembly of the Commonwealth of Pennsylvania

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hereby enacts as follows:

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Section 1.  Short title.

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

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Among the States to Elect the President by National Popular Vote

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Act.

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Section 2.  Text of agreement.

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The Agreement Among the States to Elect the President by

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National Popular Vote is enacted into law and entered into with

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all other signatory jurisdictions in substantially the following

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form:

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ARTICLE I

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MEMBERSHIP

 


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Any state of the United States and the District of Columbia

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may become a member of this agreement by enacting this

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agreement.

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ARTICLE II

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RIGHT OF THE PEOPLE IN MEMBER STATES TO VOTE

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FOR PRESIDENT AND VICE PRESIDENT

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Each member state shall conduct a statewide popular election

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for President and Vice President of the United States.

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ARTICLE III

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MANNER OF APPOINTING PRESIDENTIAL ELECTORS IN MEMBER STATES

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Prior to the time set by law for the meeting and voting by

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the presidential electors, the chief election official of each

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member state shall determine the number of votes for each

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presidential slate in each state of the United States and in the

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District of Columbia in which votes have been cast in a

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statewide popular election and shall add such votes together to

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produce a "national popular vote total" for each presidential

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slate.

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The chief election official of each member state shall

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designate the presidential slate with the largest national

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popular vote total as the "national popular vote winner."

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The presidential elector certifying official of each member

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state shall certify the appointment in that official's own state

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of the elector slate nominated in that state in association with

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the national popular vote winner.

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At least six days before the day fixed by law for the meeting

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and voting by the presidential electors, each member state shall

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make a final determination of the number of popular votes cast

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in the state for each presidential slate and shall communicate

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an official statement of such determination within 24 hours to

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the chief election official of each other member state.

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The chief election official of each member state shall treat

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as conclusive an official statement containing the number of

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popular votes in a state for each presidential slate made by the

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day established by Federal law for making a state's final

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determination as to the counting of electoral votes by Congress.

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In event of a tie for the national popular vote winner, the

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presidential elector certifying official of each member state

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shall certify the appointment of the elector slate nominated in

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association with the presidential slate receiving the largest

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number of popular votes within that official's own state.

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If, for any reason, the number of presidential electors

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nominated in a member state in association with the national

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popular vote winner is less than or greater than that state's

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number of electoral votes, the presidential candidate on the

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presidential slate that has been designated as the national

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popular vote winner shall have the power to nominate the

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presidential electors for that state and that state's

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presidential elector certifying official shall certify the

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appointment of such nominees.

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The chief election official of each member state shall

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immediately release to the public all vote counts or statements

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of votes as they are determined or obtained.

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This article shall govern the appointment of presidential

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electors in each member state in any year in which this

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agreement is, on July 20, in effect in states cumulatively

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possessing a majority of the electoral votes.

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ARTICLE IV

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OTHER PROVISIONS

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This agreement shall take effect when states cumulatively

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possessing a majority of the electoral votes have enacted this

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agreement in substantially the same form and the enactments by

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such states have taken effect in each state.

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Any member state may withdraw from this agreement, except

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that a withdrawal occurring six months or less before the end of

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a President's term shall not become effective until a President

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or Vice President shall have been qualified to serve the next

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term.

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The chief executive of each member state shall promptly

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notify the chief executive of all other states of when this

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agreement has been enacted and has taken effect in that

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official's state, when the state has withdrawn from this

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agreement and when this agreement takes effect generally.

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This agreement shall terminate if the electoral college is

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abolished.

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If any provision of this agreement is held invalid, the

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remaining provisions shall not be affected.

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ARTICLE V

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DEFINITIONS

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For purposes of this agreement,

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

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United States or the Mayor of the District of Columbia;

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"Chief election official" shall mean the state official or

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body that is authorized to certify the total number of popular

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votes for each presidential slate;

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"Elector slate" shall mean a slate of candidates who have

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been nominated in a state for the position of presidential

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elector in association with a presidential slate;

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"Presidential elector" shall mean an elector for President

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and Vice President of the United States;

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"Presidential elector certifying official" shall mean the

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state official or body that is authorized to certify the

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appointment of the state's presidential electors;

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"Presidential slate" shall mean a slate of two persons, the

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first of whom has been nominated as a candidate for President of

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the United States and the second of whom has been nominated as a

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candidate for Vice President of the United States, or any legal

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successors to such person, regardless of whether both names

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appear on the ballot presented to the voter in a particular

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state;

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"State" shall mean a state of the United States and the

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District of Columbia; and

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"Statewide popular election" shall mean a general election in

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which votes are cast for presidential slates by individual

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voters and counted on a statewide basis.

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Section 3.  Publication in Pennsylvania Bulletin.

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

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President by National Popular Vote takes effect according to

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Article III thereof, the Secretary of the Commonwealth shall

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forward the agreement to the Legislative Reference Bureau for

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publication as a notice in the Pennsylvania Bulletin. The notice

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shall include the date on which the agreement became effective

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between the Commonwealth and any other states.

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Section 4.  Effective date.

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This act shall take effect immediately.

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