Colorado 2025 Regular Session

Colorado House Bill HB1102 Compare Versions

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

Old	New	Differences
1	1	First Regular Session
2	2	Seventy-fifth General Assembly
3	3	STATE OF COLORADO
4	4	INTRODUCED
5	5
6	6
7	7	LLS NO. 25-0462.01 Alison Killen x4350
8	8	HOUSE BILL 25-1102
9	9	House Committees Senate Committees
10	10	State, Civic, Military, & Veterans Affairs
11	11	A BILL FOR AN ACT
12	12	C
13	13	ONCERNING THE REPEAL OF THE AGREEMENT AMONG THE STATES TO101
14	14	ELECT THE PRESIDENT BY NATIONAL POPULAR VOTE .102
15	15	Bill Summary
16	16	(Note: This summary applies to this bill as introduced and does
17	17	not reflect any amendments that may be subsequently adopted. If this bill
18	18	passes third reading in the house of introduction, a bill summary that
19	19	applies to the reengrossed version of this bill will be available at
20	20	http://leg.colorado.gov
21	21	.)
22	22	Section 1 of the bill repeals the agreement among the states to
23	23	elect the president by national popular vote. Section 2 makes a
24	24	conforming amendment.
25	25	Be it enacted by the General Assembly of the State of Colorado:1
26	26	HOUSE SPONSORSHIP
27	27	DeGraaf, Barron, Caldwell
28	28	SENATE SPONSORSHIP
29	29	(None),
30	30	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
31	31	Capital letters or bold & italic numbers indicate new material to be added to existing law.
32	32	Dashes through the words or numbers indicate deletions from existing law. SECTION 1. In Colorado Revised Statutes, repeal part 40 of1
33	33	article 60 of title 24 as follows:2
34	34	24-60-4001. Short title. The short title of this part 40 is the3
35	35	"Agreement Among the States to Elect the President by National Popular4
36	36	Vote".5
37	37	24-60-4002. Execution of agreement. The agreement among the6
38	38	states to elect the President by national popular vote is hereby enacted7
39	39	into law and entered into with all jurisdictions legally joining therein, in8
40	40	the form substantially as follows:9
41	41	ARTICLE I -- MEMBERSHIP10
42	42	Any State of the United States and the District of Columbia may11
43	43	become a member of this agreement by enacting this agreement.12
44	44	ARTICLE II -- RIGHT OF THE PEOPLE IN MEMBER STATES TO13
45	45	VOTE FOR PRESIDENT AND VICE PRESIDENT14
46	46	Each member state shall conduct a statewide popular election for15
47	47	President and Vice President of the United States.16
48	48	ARTICLE III -- MANNER OF APPOINTING17
49	49	PRESIDENTIAL ELECTORS IN MEMBER STATES18
50	50	Prior to the time set by law for the meeting and voting by the19
51	51	presidential electors, the chief election official of each member state shall20
52	52	determine the number of votes for each presidential slate in each State of21
53	53	the United States and in the District of Columbia in which votes have22
54	54	been cast in a statewide popular election and shall add such votes together23
55	55	to produce a "national popular vote total" for each presidential slate.24
56	56	The chief election official of each member state shall designate the25
57	57	presidential slate with the largest national popular vote total as the26
58	58	"national popular vote winner."27
59	59	HB25-1102
60	60	-2- The presidential elector certifying official of each member state1
61	61	shall certify the appointment in that official's own state of the elector slate2
62	62	nominated in that state in association with the national popular vote3
63	63	winner.4
64	64	At least six days before the day fixed by law for the meeting and5
65	65	voting by the presidential electors, each member state shall make a final6
66	66	determination of the number of popular votes cast in the state for each7
67	67	presidential slate and shall communicate an official statement of such8
68	68	determination within 24 hours to the chief election official of each other9
69	69	member state.10
70	70	The chief election official of each member state shall treat as11
71	71	conclusive an official statement containing the number of popular votes12
72	72	in a state for each presidential slate made by the day established by13
73	73	federal law for making a state's final determination conclusive as to the14
74	74	counting of electoral votes by Congress.15
75	75	In event of a tie for the national popular vote winner, the16
76	76	presidential elector certifying official of each member state shall certify17
77	77	the appointment of the elector slate nominated in association with the18
78	78	presidential slate receiving the largest number of popular votes within that19
79	79	official's own state.20
80	80	If, for any reason, the number of presidential electors nominated21
81	81	in a member state in association with the national popular vote winner is22
82	82	less than or greater than that state's number of electoral votes, the23
83	83	presidential candidate on the presidential slate that has been designated24
84	84	as the national popular vote winner shall have the power to nominate the25
85	85	presidential electors for that state and that state's presidential elector26
86	86	certifying official shall certify the appointment of such nominees.27
87	87	HB25-1102
88	88	-3- The chief election official of each member state shall immediately1
89	89	release to the public all vote counts or statements of votes as they are2
90	90	determined or obtained.3
91	91	This article shall govern the appointment of presidential electors4
92	92	in each member state in any year in which this agreement is, on July 20,5
93	93	in effect in states cumulatively possessing a majority of the electoral6
94	94	votes.7
95	95	ARTICLE IV -- OTHER PROVISIONS8
96	96	This agreement shall take effect when states cumulatively9
97	97	possessing a majority of the electoral votes have enacted this agreement10
98	98	in substantially the same form and the enactments by such states have11
99	99	taken effect in each state.12
100	100	Any member state may withdraw from this agreement, except that13
101	101	a withdrawal occurring six months or less before the end of a President's14
102	102	term shall not become effective until a President or Vice President shall15
103	103	have been qualified to serve the next term.16
104	104	The chief executive of each member state shall promptly notify the17
105	105	chief executive of all other states of when this agreement has been18
106	106	enacted and has taken effect in that official's state, when the state has19
107	107	withdrawn from this agreement, and when this agreement takes effect20
108	108	generally.21
109	109	This agreement shall terminate if the electoral college is abolished.22
110	110	If any provision of this agreement is held invalid, the remaining23
111	111	provisions shall not be affected.24
112	112	ARTICLE V -- DEFINITIONS25
113	113	For purposes of this agreement,26
114	114	"Chief executive" shall mean the Governor of a State of the United27
115	115	HB25-1102
116	116	-4- States or the Mayor of the District of Columbia;1
117	117	"Elector slate" shall mean a slate of candidates who have been2
118	118	nominated in a state for the position of presidential elector in association3
119	119	with a presidential slate;4
120	120	"Chief election official" shall mean the state official or body that5
121	121	is authorized to certify the total number of popular votes for each6
122	122	presidential slate;7
123	123	"Presidential elector" shall mean an elector for President and Vice8
124	124	President of the United States;9
125	125	"Presidential elector certifying official" shall mean the state10
126	126	official or body that is authorized to certify the appointment of the state's11
127	127	presidential electors;12
128	128	"Presidential slate" shall mean a slate of two persons, the first of13
129	129	whom has been nominated as a candidate for President of the United14
130	130	States and the second of whom has been nominated as a candidate for15
131	131	Vice President of the United States, or any legal successors to such16
132	132	persons, regardless of whether both names appear on the ballot presented17
133	133	to the voter in a particular state;18
134	134	"State" shall mean a State of the United States and the District of19
135	135	Columbia; and20
136	136	"Statewide popular election" shall mean a general election in21
137	137	which votes are cast for presidential slates by individual voters and22
138	138	counted on a statewide basis.23
139	139	24-60-4003. Reaffirmation of Colorado law. When the24
140	140	agreement among the states to elect the president by national popular vote25
141	141	becomes effective as provided in article IV of the agreement and governs26
142	142	the appointment of presidential electors as provided in article III of the27
143	143	HB25-1102
144	144	-5- agreement, each presidential elector shall vote for the presidential1
145	145	candidate and, by separate ballot, vice-presidential candidate nominated2
146	146	by the political party or political organization that nominated the3
147	147	presidential elector.4
148	148	24-60-4004. Conflicting provisions of law. When the agreement5
149	149	among the states to elect the president by national popular vote becomes6
150	150	effective as provided in article IV of the agreement and governs the7
151	151	appointment of presidential electors as provided in article III of the8
152	152	agreement, this part 40 shall supersede any conflicting provisions of9
153	153	Colorado law.10
154	154	SECTION 2. In Colorado Revised Statutes, 1-13-725, amend11
155	155	(1)(b) and (1)(c) as follows:12
156	156	1-13-725. False slate of presidential electors - penalties.13
157	157	(1) (b) A person who knowingly signs, files, transmits, or records with14
158	158	the secretary of state, the archivist of the United States, the president of15
159	159	the United States senate, the United States congress, or a Colorado federal16
160	160	district court judge a list of presidential electors who voted for candidates17
161	161	for president and vice president of the United States who did not receive18
162	162	the highest number of votes in the state at a general election at which the19
163	163	offices of president and vice president of the United States were contested20
164	164	commits offering of a false instrument for recording as set forth in section21
165	165	18-5-114. If the interstate compact, "Agreement Among the States to22
166	166	Elect the President by National Popular Vote", described in part 40 of23
167	167	article 60 of title 24, is in effect and the state's electoral votes are awarded24
168	168	to the winner of the national popular vote, the provisions of this25
169	169	subsection (1)(b) shall apply to individuals who sign, file, transmit, or26
170	170	record a list of presidential electors who voted for candidates for27
171	171	HB25-1102
172	172	-6- president and vice president of the United States who the secretary of1
173	173	state did not designate as the national popular vote winner.2
174	174	(c) A person who has not been elected as a presidential elector in3
175	175	a general election and who knowingly votes as a presidential elector for4
176	176	candidates for president and vice president of the United States who did5
177	177	not receive the highest number of votes in the state at a general election6
178	178	at which the offices of president and vice president of the United States7
179	179	were contested, or who inputs information into a form, certificate, or8
180	180	other paper or document required of presidential electors that was not9
181	181	provided by the secretary of state pursuant to section 1-4-304 commits10
182	182	forgery as set forth in section 18-5-102. If the interstate compact,11
183	183	"Agreement Among the States to Elect the President by National Popular12
184	184	Vote", described in part 40 of article 60 of title 24, is in effect and the13
185	185	state's electoral votes are awarded to the winner of the national popular14
186	186	vote, the provisions of this subsection (1)(c) shall apply to a person who15
187	187	knowingly votes as a presidential elector for candidates for president and16
188	188	vice president of the United States who the secretary of state did not17
189	189	designate as the national popular vote winner.18
190	190	SECTION 3. Act subject to petition - effective date. This act19
191	191	takes effect at 12:01 a.m. on the day following the expiration of the20
192	192	ninety-day period after final adjournment of the general assembly; except21
193	193	that, if a referendum petition is filed pursuant to section 1 (3) of article V22
194	194	of the state constitution against this act or an item, section, or part of this23
195	195	act within such period, then the act, item, section, or part will not take24
196	196	effect unless approved by the people at the general election to be held in25
197	197	November 2026 and, in such case, will take effect on the date of the26
198	198	official declaration of the vote thereon by the governor.27
199	199	HB25-1102
200	200	-7-