Arizona 2023 Regular Session

Arizona Senate Bill SB1485 Compare Versions

Only one version of the bill is available at this time.

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1	1	REFERENCE TITLE: national popular vote; interstate agreement State of Arizona Senate Fifty-sixth Legislature First Regular Session 2023 SB 1485 Introduced by Senators Mendez: Gabaldn, Miranda, Sundareshan, Tern; Representative Salman An Act amending title 16, Arizona Revised Statutes, by adding chapter 9; relating to voting. (TEXT OF BILL BEGINS ON NEXT PAGE)
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9	9	REFERENCE TITLE: national popular vote; interstate agreement
10	10	State of Arizona Senate Fifty-sixth Legislature First Regular Session 2023
11	11	SB 1485
12	12	Introduced by Senators Mendez: Gabaldn, Miranda, Sundareshan, Tern; Representative Salman
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14	14	REFERENCE TITLE: national popular vote; interstate agreement
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44	44	Introduced by
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46	46	Senators Mendez: Gabaldn, Miranda, Sundareshan, Tern; Representative Salman
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52	52	An Act
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56	56	amending title 16, Arizona Revised Statutes, by adding chapter 9; relating to voting.
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66	66	Be it enacted by the Legislature of the State of Arizona: Section 1. Title 16, Arizona Revised Statutes, is amended by adding chapter 9, to read: CHAPTER 9 AGREEMENT AMONG THE STATES TO ELECT THE PRESIDENT BY NATIONAL POPULAR VOTE ARTICLE 1. ADOPTION START_STATUTE16-1201. Adoption and text of compact The agreement among the states to elect the president by national popular vote is entered into by this state with all other jurisdictions legally joining such agreement in the form substantially as follows: Article IMembership Any state of the United States and the District of Columbia may become a member of this agreement by enacting this agreement. Article IIRight 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 IIIManner of appointing presidential electors in member states A. Before 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 twenty-four 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 the 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 IVOther 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 VDefinitions For purposes of this agreement: 1. "Chief election official" means the state official or body that is authorized to certify the total number of popular votes for each presidential slate. 2. "Chief executive" means the governor of a state of the United States or the mayor of the District of Columbia. 3. "Elector slate" means a slate of candidates who have been nominated in a state for the position of presidential elector in association with a presidential slate. 4. "Presidential elector" means an elector for President and Vice President of the United States. 5. "Presidential elector certifying official" means the state official or body that is authorized to certify the appointment of the state's presidential electors. 6. "Presidential slate" means 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. 7. "State" means a state of the United States and the District of Columbia. 8. "Statewide popular election" means a general election in which votes are cast for presidential slates by individual voters and counted on a statewide basis. END_STATUTE
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68	68	Be it enacted by the Legislature of the State of Arizona:
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70	70	Section 1. Title 16, Arizona Revised Statutes, is amended by adding chapter 9, to read:
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72	72	CHAPTER 9
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74	74	AGREEMENT AMONG THE STATES TO ELECT
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76	76	THE PRESIDENT BY NATIONAL POPULAR VOTE
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78	78	ARTICLE 1. ADOPTION
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80	80	START_STATUTE16-1201. Adoption and text of compact
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82	82	The agreement among the states to elect the president by national popular vote is entered into by this state with all other jurisdictions legally joining such agreement in the form substantially as follows:
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84	84	Article IMembership
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86	86	Any state of the United States and the District of Columbia may become a member of this agreement by enacting this agreement.
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88	88	Article IIRight of the people in member states
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90	90	to vote for president and vice president
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92	92	Each member state shall conduct a statewide popular election for president and vice president of the United States.
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94	94	Article IIIManner of appointing
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96	96	presidential electors in member states
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98	98	A. Before 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.
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100	100	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".
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102	102	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.
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104	104	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 twenty-four hours to the chief election official of each other member state.
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106	106	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.
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108	108	F. In the 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.
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110	110	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.
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112	112	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.
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114	114	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.
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116	116	Article IVOther provisions
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118	118	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.
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120	120	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.
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122	122	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.
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124	124	D. This agreement shall terminate if the electoral college is abolished.
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126	126	E. If any provision of this agreement is held invalid, the remaining provisions shall not be affected.
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128	128	Article VDefinitions
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130	130	For purposes of this agreement:
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132	132	1. "Chief election official" means the state official or body that is authorized to certify the total number of popular votes for each presidential slate.
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134	134	2. "Chief executive" means the governor of a state of the United States or the mayor of the District of Columbia.
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136	136	3. "Elector slate" means a slate of candidates who have been nominated in a state for the position of presidential elector in association with a presidential slate.
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138	138	4. "Presidential elector" means an elector for President and Vice President of the United States.
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140	140	5. "Presidential elector certifying official" means the state official or body that is authorized to certify the appointment of the state's presidential electors.
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142	142	6. "Presidential slate" means 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.
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144	144	7. "State" means a state of the United States and the District of Columbia.
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146	146	8. "Statewide popular election" means a general election in which votes are cast for presidential slates by individual voters and counted on a statewide basis. END_STATUTE