PRINTER'S NO. 1097
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
270
Session of
2019
INTRODUCED BY LEACH, SANTARSIERO, FONTANA, SCHWANK, HUGHES AND
DINNIMAN, JULY 9, 2019
REFERRED TO STATE GOVERNMENT, JULY 9, 2019
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
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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 the 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 the determination within 24 hours to
the chief election official of each other member state.
The chief election official of each member state shall treat
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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 the 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
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the states have taken effect in each state.
A 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 a provision of this agreement is held invalid, the
remaining provisions shall not be affected.
ARTICLE V
DEFINITIONS
For purposes of this agreement,
"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;
"Chief executive" shall mean the Governor of a state of the
United States or the Mayor of the District of Columbia;
"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;
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"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 a legal
successors to the 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 IV, 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.
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