Florida 2025 Regular Session

Florida House Bill H0033 Latest Draft

Bill / Introduced Version Filed 12/09/2024

                               
 
HB 33   	2025 
 
 
 
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F L O R I D A H O U S E O F R E P	R E S E N T A T I V E	S 
 
 
 
A bill to be entitled 1 
An act relating to the Agreement Among the States to 2 
Elect the President by National Popular Vote; 3 
providing for enactment of the agreement; providing a 4 
method by which a state may become a member state; 5 
requiring a statewide popular election for President 6 
and Vice President of the United States; establishing 7 
a procedure for appointing presidential electors in 8 
member states; providing that the agreement be comes 9 
effective upon the occurrence of specified actions; 10 
providing for the withdrawal of a member state; 11 
requiring notification of member states when the 12 
agreement takes effect in a nonmember state or when a 13 
member state withdraws from the agreement; prov iding 14 
severability; providing definitions; providing an 15 
effective date. 16 
 17 
Be It Enacted by the Legislature of the State of Florida: 18 
 19 
 Section 1.  The Agreement Among the States to Elect the 20 
President by National Popular Vote. —The Agreement Among the 21 
States to Elect the President by National Popular Vote is hereby 22 
enacted into law and entered into by this state with all states 23 
legally joining therein in the form substantially as follows: 24 
 25     
 
HB 33   	2025 
 
 
 
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F L O R I D A H O U S E O F R E P	R E S E N T A T I V E	S 
 
 
 
Article I 26 
 Membership.—Any State of the United States and the Dis trict 27 
of Columbia may become a member of this agreement by enacting 28 
this agreement. 29 
 30 
Article II 31 
 Right of the people in member states to vote for President 32 
and Vice President.—Each member state shall conduct a statewide 33 
popular election for President and V ice President of the United 34 
States. 35 
 36 
Article III 37 
 Manner of appointing presidential electors in member 38 
states.—Prior to the time set by law for the meeting and voting 39 
by the presidential electors, the chief election official of 40 
each member state shall dete rmine the number of votes for each 41 
presidential slate in each State of the United States and in the 42 
District of Columbia in which votes have been cast in a 43 
statewide popular election and shall add such votes together to 44 
produce a "national popular vote tot al" for each presidential 45 
slate. 46 
 The chief election official of each member state shall 47 
designate the presidential slate with the largest national 48 
popular vote total as the "national popular vote winner." 49 
 The presidential elector certifying official of e ach member 50     
 
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state shall certify the appointment in that official's own state 51 
of the elector slate nominated in that state in association with 52 
the national popular vote winner. 53 
 At least six days before the day fixed by law for the 54 
meeting and voting by the presidential electors, each member 55 
state shall make a final determination of the number of popular 56 
votes cast in the state for each presidential slate and shall 57 
communicate an official statement of such determination within 58 
24 hours to the chief election official of each other member 59 
state. 60 
 The chief election official of each member state shall 61 
treat as conclusive an official statement containing the number 62 
of popular votes in a state for each presidential slate made by 63 
the day established by federal law for making a state's final 64 
determination conclusive as to the counting of electoral votes 65 
by Congress. 66 
 In event of a tie for the national popular vote winner, the 67 
presidential elector certifying official of each member state 68 
shall certify the appointment of the elector slate nominated in 69 
association with the presidential slate receiving the largest 70 
number of popular votes within that official's own state. 71 
 If, for any reason, the number of presidential electors 72 
nominated in a membe r state in association with the national 73 
popular vote winner is less than or greater than that state's 74 
number of electoral votes, the presidential candidate on the 75     
 
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presidential slate that has been designated as the national 76 
popular vote winner shall have t he power to nominate the 77 
presidential electors for that state and that state's 78 
presidential elector certifying official shall certify the 79 
appointment of such nominees. 80 
 The chief election official of each member state shall 81 
immediately release to the publi c all vote counts or statements 82 
of votes as they are determined or obtained. 83 
 This article shall govern the appointment of presidential 84 
electors in each member state in any year in which this 85 
agreement is, on July 20, in effect in states cumulatively 86 
possessing a majority of the electoral votes. 87 
 88 
Article IV 89 
 Other provisions.—This agreement shall take effect when 90 
states cumulatively possessing a majority of the electoral votes 91 
have enacted this agreement in substantially the same form and 92 
the enactments by such states have taken effect in each state. 93 
 Any member state may withdraw from this agreement, except 94 
that a withdrawal occurring six months or less before the end of 95 
a President's term shall not become effective until a President 96 
or Vice President shall have been qualified to serve the next 97 
term. 98 
 The chief executive of each member state shall promptly 99 
notify the chief executive of all other states of when this 100     
 
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agreement has been enacted and has taken effect in that 101 
official's state, when the state has w ithdrawn from this 102 
agreement, and when this agreement takes effect generally. 103 
 This agreement shall terminate if the electoral college is 104 
abolished. 105 
 If any provision of this agreement is held invalid, the 106 
remaining provisions shall not be affected. 107 
 108 
Article V 109 
 Definitions.—For purposes of this agreement, 110 
 "Chief election official" shall mean the state official or 111 
body that is authorized to certify the total number of popular 112 
votes for each presidential slate; 113 
 "Chief executive" shall mean the Governor of a State of the 114 
United States or the Mayor of the District of Columbia; 115 
 "Elector slate" shall mean a slate of candidates who have 116 
been nominated in a state for the position of presidential 117 
elector in association with a presidential slate; 118 
 "Presidential elector" shall mean an elector for President 119 
and Vice President of the United States; 120 
 "Presidential elector certifying official" shall mean the 121 
state official or body that is authorized to certify the 122 
appointment of the state's presidential electors; 123 
 "Presidential slate" shall mean a slate of two persons, the 124 
first of whom has been nominated as a candidate for President of 125     
 
HB 33   	2025 
 
 
 
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the United States and the second of whom has been nominated as a 126 
candidate for Vice President of the United States, or a ny legal 127 
successors to such persons, regardless of whether both names 128 
appear on the ballot presented to the voter in a particular 129 
state; 130 
 "State" shall mean a State of the United States and the 131 
District of Columbia; and 132 
 "Statewide popular election" shall mean a general election 133 
in which votes are cast for presidential slates by individual 134 
voters and counted on a statewide basis. 135 
 Section 2.  This act shall take effect July 1, 2025. 136