First Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 25-0462.01 Alison Killen x4350
HOUSE BILL 25-1102
House Committees Senate Committees
State, Civic, Military, & Veterans Affairs
A BILL FOR AN ACT
C
ONCERNING THE REPEAL OF THE AGREEMENT AMONG THE STATES TO101
ELECT THE PRESIDENT BY NATIONAL POPULAR VOTE .102
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
Section 1 of the bill repeals the agreement among the states to
elect the president by national popular vote. Section 2 makes a
conforming amendment.
Be it enacted by the General Assembly of the State of Colorado:1
HOUSE SPONSORSHIP
DeGraaf, Barron, Caldwell
SENATE SPONSORSHIP
(None),
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. SECTION 1. In Colorado Revised Statutes, repeal part 40 of1
article 60 of title 24 as follows:2
24-60-4001. Short title. The short title of this part 40 is the3
"Agreement Among the States to Elect the President by National Popular4
Vote".5
24-60-4002. Execution of agreement. The agreement among the6
states to elect the President by national popular vote is hereby enacted7
into law and entered into with all jurisdictions legally joining therein, in8
the form substantially as follows:9
ARTICLE I -- MEMBERSHIP10
Any State of the United States and the District of Columbia may11
become a member of this agreement by enacting this agreement.12
ARTICLE II -- RIGHT OF THE PEOPLE IN MEMBER STATES TO13
VOTE FOR PRESIDENT AND VICE PRESIDENT14
Each member state shall conduct a statewide popular election for15
President and Vice President of the United States.16
ARTICLE III -- MANNER OF APPOINTING17
PRESIDENTIAL ELECTORS IN MEMBER STATES18
Prior to the time set by law for the meeting and voting by the19
presidential electors, the chief election official of each member state shall20
determine the number of votes for each presidential slate in each State of21
the United States and in the District of Columbia in which votes have22
been cast in a statewide popular election and shall add such votes together23
to produce a "national popular vote total" for each presidential slate.24
The chief election official of each member state shall designate the25
presidential slate with the largest national popular vote total as the26
"national popular vote winner."27
HB25-1102
-2- The presidential elector certifying official of each member state1
shall certify the appointment in that official's own state of the elector slate2
nominated in that state in association with the national popular vote3
winner.4
At least six days before the day fixed by law for the meeting and5
voting by the presidential electors, each member state shall make a final6
determination of the number of popular votes cast in the state for each7
presidential slate and shall communicate an official statement of such8
determination within 24 hours to the chief election official of each other9
member state.10
The chief election official of each member state shall treat as11
conclusive an official statement containing the number of popular votes12
in a state for each presidential slate made by the day established by13
federal law for making a state's final determination conclusive as to the14
counting of electoral votes by Congress.15
In event of a tie for the national popular vote winner, the16
presidential elector certifying official of each member state shall certify17
the appointment of the elector slate nominated in association with the18
presidential slate receiving the largest number of popular votes within that19
official's own state.20
If, for any reason, the number of presidential electors nominated21
in a member state in association with the national popular vote winner is22
less than or greater than that state's number of electoral votes, the23
presidential candidate on the presidential slate that has been designated24
as the national popular vote winner shall have the power to nominate the25
presidential electors for that state and that state's presidential elector26
certifying official shall certify the appointment of such nominees.27
HB25-1102
-3- The chief election official of each member state shall immediately1
release to the public all vote counts or statements of votes as they are2
determined or obtained.3
This article shall govern the appointment of presidential electors4
in each member state in any year in which this agreement is, on July 20,5
in effect in states cumulatively possessing a majority of the electoral6
votes.7
ARTICLE IV -- OTHER PROVISIONS8
This agreement shall take effect when states cumulatively9
possessing a majority of the electoral votes have enacted this agreement10
in substantially the same form and the enactments by such states have11
taken effect in each state.12
Any member state may withdraw from this agreement, except that13
a withdrawal occurring six months or less before the end of a President's14
term shall not become effective until a President or Vice President shall15
have been qualified to serve the next term.16
The chief executive of each member state shall promptly notify the17
chief executive of all other states of when this agreement has been18
enacted and has taken effect in that official's state, when the state has19
withdrawn from this agreement, and when this agreement takes effect20
generally.21
This agreement shall terminate if the electoral college is abolished.22
If any provision of this agreement is held invalid, the remaining23
provisions shall not be affected.24
ARTICLE V -- DEFINITIONS25
For purposes of this agreement,26
"Chief executive" shall mean the Governor of a State of the United27
HB25-1102
-4- States or the Mayor of the District of Columbia;1
"Elector slate" shall mean a slate of candidates who have been2
nominated in a state for the position of presidential elector in association3
with a presidential slate;4
"Chief election official" shall mean the state official or body that5
is authorized to certify the total number of popular votes for each6
presidential slate;7
"Presidential elector" shall mean an elector for President and Vice8
President of the United States;9
"Presidential elector certifying official" shall mean the state10
official or body that is authorized to certify the appointment of the state's11
presidential electors;12
"Presidential slate" shall mean a slate of two persons, the first of13
whom has been nominated as a candidate for President of the United14
States and the second of whom has been nominated as a candidate for15
Vice President of the United States, or any legal successors to such16
persons, regardless of whether both names appear on the ballot presented17
to the voter in a particular state;18
"State" shall mean a State of the United States and the District of19
Columbia; and20
"Statewide popular election" shall mean a general election in21
which votes are cast for presidential slates by individual voters and22
counted on a statewide basis.23
24-60-4003. Reaffirmation of Colorado law. When the24
agreement among the states to elect the president by national popular vote25
becomes effective as provided in article IV of the agreement and governs26
the appointment of presidential electors as provided in article III of the27
HB25-1102
-5- agreement, each presidential elector shall vote for the presidential1
candidate and, by separate ballot, vice-presidential candidate nominated2
by the political party or political organization that nominated the3
presidential elector.4
24-60-4004. Conflicting provisions of law. When the agreement5
among the states to elect the president by national popular vote becomes6
effective as provided in article IV of the agreement and governs the7
appointment of presidential electors as provided in article III of the8
agreement, this part 40 shall supersede any conflicting provisions of9
Colorado law.10
SECTION 2. In Colorado Revised Statutes, 1-13-725, amend11
(1)(b) and (1)(c) as follows:12
1-13-725. False slate of presidential electors - penalties.13
(1) (b) A person who knowingly signs, files, transmits, or records with14
the secretary of state, the archivist of the United States, the president of15
the United States senate, the United States congress, or a Colorado federal16
district court judge a list of presidential electors who voted for candidates17
for president and vice president of the United States who did not receive18
the highest number of votes in the state at a general election at which the19
offices of president and vice president of the United States were contested20
commits offering of a false instrument for recording as set forth in section21
18-5-114. If the interstate compact, "Agreement Among the States to22
Elect the President by National Popular Vote", described in part 40 of23
article 60 of title 24, is in effect and the state's electoral votes are awarded24
to the winner of the national popular vote, the provisions of this25
subsection (1)(b) shall apply to individuals who sign, file, transmit, or26
record a list of presidential electors who voted for candidates for27
HB25-1102
-6- president and vice president of the United States who the secretary of1
state did not designate as the national popular vote winner.2
(c) A person who has not been elected as a presidential elector in3
a general election and who knowingly votes as a presidential elector for4
candidates for president and vice president of the United States who did5
not receive the highest number of votes in the state at a general election6
at which the offices of president and vice president of the United States7
were contested, or who inputs information into a form, certificate, or8
other paper or document required of presidential electors that was not9
provided by the secretary of state pursuant to section 1-4-304 commits10
forgery as set forth in section 18-5-102. If the interstate compact,11
"Agreement Among the States to Elect the President by National Popular12
Vote", described in part 40 of article 60 of title 24, is in effect and the13
state's electoral votes are awarded to the winner of the national popular14
vote, the provisions of this subsection (1)(c) shall apply to a person who15
knowingly votes as a presidential elector for candidates for president and16
vice president of the United States who the secretary of state did not17
designate as the national popular vote winner.18
SECTION 3. Act subject to petition - effective date. This act19
takes effect at 12:01 a.m. on the day following the expiration of the20
ninety-day period after final adjournment of the general assembly; except21
that, if a referendum petition is filed pursuant to section 1 (3) of article V22
of the state constitution against this act or an item, section, or part of this23
act within such period, then the act, item, section, or part will not take24
effect unless approved by the people at the general election to be held in25
November 2026 and, in such case, will take effect on the date of the26
official declaration of the vote thereon by the governor.27
HB25-1102
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