Arizona 2025 Regular Session

Arizona Senate Bill SB1338 Compare Versions

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

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1	1	REFERENCE TITLE: interstate agreement; national popular vote State of Arizona Senate Fifty-seventh Legislature First Regular Session 2025 SB 1338 Introduced by Senators Gabaldn: Alston, Bravo, Burch, Diaz, Epstein, Fernandez, Gonzales, Hatathlie, Kuby, Miranda, Ortiz, Sundareshan; Representative Stahl Hamilton An Act amending section 16-212, Arizona Revised Statutes; amending title 16, Arizona Revised Statutes, by adding chapter 9; relating to voting. (TEXT OF BILL BEGINS ON NEXT PAGE)
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11	11	REFERENCE TITLE: interstate agreement; national popular vote
12	12	State of Arizona Senate Fifty-seventh Legislature First Regular Session 2025
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14	14	Introduced by Senators Gabaldn: Alston, Bravo, Burch, Diaz, Epstein, Fernandez, Gonzales, Hatathlie, Kuby, Miranda, Ortiz, Sundareshan; Representative Stahl Hamilton
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16	16	REFERENCE TITLE: interstate agreement; national popular vote
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48	48	Senators Gabaldn: Alston, Bravo, Burch, Diaz, Epstein, Fernandez, Gonzales, Hatathlie, Kuby, Miranda, Ortiz, Sundareshan; Representative Stahl Hamilton
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66	66	An Act
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70	70	amending section 16-212, Arizona Revised Statutes; amending title 16, Arizona Revised Statutes, by adding chapter 9; relating to voting.
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80	80	Be it enacted by the Legislature of the State of Arizona: Section 1. Section 16-212, Arizona Revised Statutes, is amended to read: START_STATUTE16-212. Election of presidential electors; electoral college votes; vacancy; replacement A. On the first Tuesday after the first Monday in November, 1956, and quadrennially thereafter, there shall be elected a number of presidential electors equal to the number of United States senators and representatives in Congress from this state. B. After the secretary of state issues the statewide canvass containing the results of a presidential election, the presidential electors of this state shall cast their electoral college votes for the candidate for president and the candidate for vice president who jointly received the highest number of votes in this state as prescribed in the canvass were nominated by the political party or political organization that NOMINATED the presidential elector. C. A presidential elector who knowingly refuses to cast that elector's electoral college vote as prescribed in subsection B of this section is no longer eligible to hold the office of presidential elector and that office is deemed and declared vacant by operation of law. The chairperson of the state committee of the political party represented by that elector shall appoint a person who is otherwise qualified to be a presidential elector. The replacement presidential elector shall cast the elector's electoral college vote as prescribed by this section. Notwithstanding section 16-344 and any other statute, the nomination paper and affidavit of qualification of the replacement presidential elector may be completed and filed with the secretary of state as soon as is practicable after the presidential elector's appointment. END_STATUTE Sec. 2. 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 enacted into law and entered into 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. 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 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 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" shall mean the state official or body that is authorized to certify the total number of popular votes for each presidential slate. 2. "Chief executive" shall mean the governor of a state of the United States or the mayor of the District of Columbia. 3. "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. 4. "Presidential elector" shall mean an elector for President and Vice President of the United States. 5. "Presidential elector certifying official" shall mean the state official or body that is authorized to certify the appointment of the state's presidential electors. 6. "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. 7. "State" shall mean a state of the United States and the District of Columbia. 8. "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. END_STATUTE
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82	82	Be it enacted by the Legislature of the State of Arizona:
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84	84	Section 1. Section 16-212, Arizona Revised Statutes, is amended to read:
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86	86	START_STATUTE16-212. Election of presidential electors; electoral college votes; vacancy; replacement
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88	88	A. On the first Tuesday after the first Monday in November, 1956, and quadrennially thereafter, there shall be elected a number of presidential electors equal to the number of United States senators and representatives in Congress from this state.
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90	90	B. After the secretary of state issues the statewide canvass containing the results of a presidential election, the presidential electors of this state shall cast their electoral college votes for the candidate for president and the candidate for vice president who jointly received the highest number of votes in this state as prescribed in the canvass were nominated by the political party or political organization that NOMINATED the presidential elector.
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92	92	C. A presidential elector who knowingly refuses to cast that elector's electoral college vote as prescribed in subsection B of this section is no longer eligible to hold the office of presidential elector and that office is deemed and declared vacant by operation of law. The chairperson of the state committee of the political party represented by that elector shall appoint a person who is otherwise qualified to be a presidential elector. The replacement presidential elector shall cast the elector's electoral college vote as prescribed by this section. Notwithstanding section 16-344 and any other statute, the nomination paper and affidavit of qualification of the replacement presidential elector may be completed and filed with the secretary of state as soon as is practicable after the presidential elector's appointment. END_STATUTE
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94	94	Sec. 2. Title 16, Arizona Revised Statutes, is amended by adding chapter 9, to read:
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96	96	CHAPTER 9
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98	98	AGREEMENT AMONG THE STATES TO ELECT
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100	100	THE PRESIDENT BY NATIONAL POPULAR VOTE
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102	102	ARTICLE 1. ADOPTION
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104	104	START_STATUTE16-1201. Adoption and text of compact
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106	106	The agreement among the states to elect the president by national popular vote is enacted into law and entered into with all other jurisdictions legally joining such agreement in the form substantially as follows:
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108	108	Article IMembership
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110	110	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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112	112	Article IIRight of the people in member states
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114	114	to vote for president and vice president
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116	116	Each member state shall conduct a statewide popular election for president and vice president of the United States.
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118	118	Article IIIManner of appointing
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120	120	presidential electors in member states
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122	122	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.
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124	124	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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126	126	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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128	128	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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130	130	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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132	132	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.
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134	134	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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136	136	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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138	138	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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140	140	Article IVOther provisions
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142	142	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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144	144	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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146	146	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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148	148	D. This agreement shall terminate if the electoral college is abolished.
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150	150	E. If any provision of this agreement is held invalid, the remaining provisions shall not be affected.
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152	152	Article VDefinitions
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154	154	For purposes of this agreement:
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156	156	1. "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.
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158	158	2. "Chief executive" shall mean the governor of a state of the United States or the mayor of the District of Columbia.
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160	160	3. "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.
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162	162	4. "Presidential elector" shall mean an elector for President and Vice President of the United States.
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164	164	5. "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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166	166	6. "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.
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168	168	7. "State" shall mean a state of the United States and the District of Columbia.
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170	170	8. "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. END_STATUTE