82R9568 ATP-F
	By: Ellis	S.B. No. 919

	A BILL TO BE ENTITLED
	AN ACT
	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.