July 09, 2020
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       Florida Senate - 2010                                     SB 824
       
       
       
       By Senator Hill
       
       
       
       
       1-00669-10                                             2010824__
    1                        A bill to be entitled                      
    2         An act relating to presidential elections; defining
    3         terms; establishing the Agreement Among the States to
    4         Elect the President by National Popular Vote;
    5         providing legislative intent; providing a method by
    6         which any state may become a member state; requiring a
    7         statewide popular election for President and Vice
    8         President of the United States; establishing a
    9         procedure for appointing presidential electors in
   10         member states; providing that the agreement becomes
   11         effective upon the occurrence of specified actions;
   12         providing for the withdrawal of a member state;
   13         requiring notification of member states when the
   14         agreement takes effect in a nonmember state or when a
   15         member state withdraws from the agreement; providing
   16         for severability; providing an effective date.
   17  
   18  Be It Enacted by the Legislature of the State of Florida:
   19  
   20         Section 1. The Agreement Among the States to Elect the
   21  President by National Popular Vote.—The Agreement Among the
   22  States to Elect the President by National Popular Vote is
   23  enacted into law and entered into by this state with all states
   24  legally joining therein in the form substantially as follows:
   25  
   26                              Article I                            
   27         DEFINITIONS.—For purposes of this agreement:
   28         (1)“Chief election official” means the state official or
   29  body authorized to certify the total number of popular votes for
   30  each presidential slate.
   31         (2)“Chief executive” means the Governor of a state of the
   32  United States or the Mayor of the District of Columbia.
   33         (3)“Elector slate” means a slate of candidates who have
   34  been nominated in a state for the position of presidential
   35  elector in association with a presidential slate.
   36         (4)“Presidential elector” means an elector for President
   37  and Vice President of the United States.
   38         (5)“Presidential elector certifying official” means the
   39  state official or body authorized to certify the appointment of
   40  the state’s presidential electors.
   41         (6)“Presidential slate” means a slate of two persons, the
   42  first of whom has been nominated as a candidate for President of
   43  the United States and the second of whom has been nominated as a
   44  candidate for Vice President of the United States, or any legal
   45  successors to such persons, regardless of whether both names
   46  appear on the ballot presented to the voter in a particular
   47  state.
   48         (7)“State” means a state of the United States or the
   49  District of Columbia.
   50         (8)“Statewide popular election” means a general election
   51  in which votes are cast for presidential slates by individual
   52  voters and counted on a statewide basis.
   53  
   54                             Article II                            
   55         MEMBERSHIP.—Any state of the United States or the District
   56  of Columbia may become a member of the league of states
   57  officially supporting this agreement by enacting this agreement.
   58  
   59                             Article III                           
   60         RIGHT OF THE PEOPLE IN MEMBER STATES TO VOTE FOR THE
   61  PRESIDENT AND THE VICE PRESIDENT.—Each member state shall
   62  conduct a statewide popular election for President and Vice
   63  President of the United States.
   64  
   65                             Article IV                            
   66         MANNER OF APPOINTING PRESIDENTIAL ELECTORS IN MEMBER
   67  STATES.—
   68         (1)Before the time set by law for the meeting of and
   69  voting by the presidential electors, the chief election official
   70  of each member state shall determine the number of votes cast in
   71  a statewide popular election for each presidential slate in each
   72  state of the United States and in the District of Columbia and
   73  shall add the total number of votes from each state to produce a
   74  national popular vote total for each presidential slate.
   75         (2)The chief election official of each member state shall
   76  designate the presidential slate having the largest national
   77  popular vote total as the national popular vote winner.
   78         (3)The presidential elector certifying official of each
   79  member state shall certify the appointment in that official’s
   80  respective state of the elector slate nominated by that state in
   81  association with the national popular vote winner.
   82         (4)At least 6 days before the day established by law for
   83  the meeting of and voting by the presidential electors, each
   84  member state shall make a final determination of the number of
   85  popular votes cast in the state for each presidential slate and
   86  shall communicate an official statement of such determination
   87  within 24 hours to the chief election official of each other
   88  member state.
   89         (5)The chief election official of each member state shall
   90  treat as conclusive an official statement containing the number
   91  of popular votes in a state for each presidential slate made by
   92  the day established by federal law for making a state’s final
   93  determination conclusive as to the counting of electoral votes
   94  by Congress.
   95         (6)If the election results in a tie for the national
   96  popular vote winner, the presidential elector certifying
   97  official of each member state shall certify the appointment of
   98  the elector slate nominated in association with the presidential
   99  slate receiving the largest number of popular votes within that
  100  official’s respective state.
  101         (7)If, for any reason, the number of presidential electors
  102  nominated in a member state in association with the national
  103  popular vote winner is fewer than or greater than that state’s
  104  number of electoral votes, the presidential candidate on the
  105  presidential slate who has been designated as the national
  106  popular vote winner may nominate the presidential electors for
  107  that state, and that state’s presidential elector certifying
  108  official shall certify the appointment of such nominees.
  109         (8)The chief election official of each member state shall
  110  immediately release to the public all vote counts or statements
  111  of votes as they are determined or obtained.
  112         (9)This article shall govern the appointment of
  113  presidential electors in each member state in any year in which
  114  this agreement is, on July 20, in effect in states cumulatively
  115  possessing a majority of the electoral votes.
  116  
  117                              Article V                            
  118         OTHER PROVISIONS.—
  119         (1)This agreement shall take effect when states
  120  cumulatively possessing a majority of the electoral votes have
  121  enacted this agreement in substantially the same form and the
  122  enactments by such states have taken effect in each state.
  123         (2)Any member state may withdraw from this agreement,
  124  except that a withdrawal occurring 6 months or less before the
  125  end of a President’s term does not become effective until a
  126  President or Vice President has been qualified to serve the next
  127  term.
  128         (3)The chief executive of each member state shall promptly
  129  notify the chief executive of all other states when this
  130  agreement has been enacted and has taken effect in that
  131  official’s state, or when the state has withdrawn from this
  132  agreement.
  133         (4)This agreement shall terminate if the electoral college
  134  is abolished.
  135         (5)If any provision of this agreement is held invalid, the
  136  remaining provisions shall not be affected.
  137         Section 2. This act shall take effect upon becoming a law.

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