Bill Text: TX SB919 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to the adoption of the Agreement Among the States to Elect the President by National Popular Vote.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-03-08 - Referred to State Affairs [SB919 Detail]
Download: Texas-2011-SB919-Introduced.html
| 82R9568 ATP-F | ||
| By: Ellis | S.B. No. 919 | |
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| relating to the adoption of the Agreement Among the States to Elect | ||
| the President by National Popular Vote. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Title 11, Election Code, is amended by adding | ||
| Chapter 193 to read as follows: | ||
| CHAPTER 193. AGREEMENT AMONG THE STATES TO ELECT | ||
| THE PRESIDENT BY NATIONAL POPULAR VOTE | ||
| Sec. 193.001. EXECUTION OF INTERSTATE COMPACT. This state | ||
| enters into an agreement with all other states legally joining in | ||
| the agreement in substantially the following form: | ||
| AGREEMENT AMONG THE STATES TO ELECT | ||
| THE PRESIDENT BY NATIONAL POPULAR VOTE | ||
| 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 | ||
| A. 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. | ||
| B. 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." | ||
| C. 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. | ||
| D. 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. | ||
| E. 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 | ||
| conclusive as to the counting of electoral votes by Congress. | ||
| F. 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. | ||
| G. 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. | ||
| H. 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. | ||
| I. 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 | ||
| A. 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. | ||
| B. 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. | ||
| C. 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. | ||
| D. This agreement shall terminate if the electoral college | ||
| is abolished. | ||
| E. If any provision of this agreement is held invalid, the | ||
| remaining provisions shall not be affected. | ||
| ARTICLE V. DEFINITIONS | ||
| For purposes of this agreement, | ||
| A. "chief executive" shall mean the Governor of a State of | ||
| the United States or the Mayor of the District of Columbia; | ||
| B. "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; | ||
| C. "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; | ||
| D. "presidential elector" shall mean an elector for | ||
| President and Vice President of the United States; | ||
| E. "presidential elector certifying official" shall mean | ||
| the state official or body that is authorized to certify the | ||
| appointment of the state's presidential electors; | ||
| F. "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 persons, regardless of whether both names appear | ||
| on the ballot presented to the voter in a particular state; | ||
| G. "state" shall mean a State of the United States and the | ||
| District of Columbia; and | ||
| H. "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. | ||
| Sec. 193.002. EFFECT OF TEXAS LAWS. If the laws of this | ||
| state conflict with the compact, the compact controls, except that | ||
| in the event of a conflict between the compact and the Texas | ||
| Constitution, as determined by the courts of this state, the Texas | ||
| Constitution controls. | ||
| SECTION 2. This Act takes effect September 1, 2011. | ||
