UNOFFICIAL COPY 24 RS BR 65
Page 1 of 4
XXXX 5/19/2023 2:43 PM Jacketed
AN ACT relating to presidential elections. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
ď˘SECTION 1. A NEW SECTION OF KRS CHAPTER 118 IS CREATED TO 3
READ AS FOLLOWS: 4
The Agreement Among the States to Elect the President by National Popular Vote is 5
hereby enacted and entered into with all other jurisdictions that legally join in the 6
compact, which is, in form, substantially as follows: 7
ARTICLE I 8
Membership 9
Any state of the United States and the District of Columbia may become a member of 10
this agreement by enacting this agreement. 11
ARTICLE II 12
Right of the People in Member States to Vote for President and Vice President 13
Each member state shall conduct a statewide popular election for President and Vice 14
President of the United States. 15
ARTICLE III 16
Manner of Appointing Presidential Electors in Member States 17
(1) Prior to the time set by law for the meeting and voting by the presidential electors, 18
the chief election official of each member state shall determine the number of 19
votes for each presidential slate in each state of the United States and in the 20
District of Columbia in which votes have been cast in a statewide popular election 21
and shall add such votes together to produce a "national popular vote total" for 22
each presidential slate. 23
(2) The chief election official of each member state shall designate the presidential 24
slate with the largest national popular vote total as the "national popular vote 25
winner." 26
(3) The presidential elector certifying official of each member state shall certify the 27 UNOFFICIAL COPY 24 RS BR 65
Page 2 of 4
XXXX 5/19/2023 2:43 PM Jacketed
appointment in that official's own state of the elector slate nominated in that state 1
in association with the national popular vote winner. 2
(4) At least six (6) days before the day fixed by law for the meeting and voting by the 3
presidential electors, each member state shall make a final determination of the 4
number of popular votes cast in the state for each presidential slate and shall 5
communicate an official statement of such determination within twenty-four (24) 6
hours to the chief election official of each other member state. 7
(5) The chief election official of each member state shall treat as conclusive an 8
official statement containing the number of popular votes in a state for each 9
presidential slate made by the day established by federal law for making a state's 10
final determination conclusive as to the counting of electoral votes by Congress. 11
(6) In the event of a tie for the national popular vote winner, the presidential elector 12
certifying official of each member state shall certify the appointment of the 13
elector slate nominated in association with the presidential slate receiving the 14
largest number of popular votes within that official's own state. 15
(7) If, for any reason, the number of presidential electors nominated in a member 16
state in association with the national popular vote winner is less than or greater 17
than that state's number of electoral votes, the presidential candidate on the 18
presidential slate that has been designated as the national popular vote winner 19
shall have the power to nominate the presidential electors for that state and that 20
state's presidential elector certifying official shall certify the appointment of such 21
nominees. 22
(8) The chief election official of each member state shall immediately release to the 23
public all vote counts or statements of votes as they are determined or obtained. 24
(9) This article shall govern the appointment of presidential electors in each member 25
state in any year in which this agreement is, on July 20, in effect in states 26
cumulatively possessing a majority of the electoral votes. 27 UNOFFICIAL COPY 24 RS BR 65
Page 3 of 4
XXXX 5/19/2023 2:43 PM Jacketed
ARTICLE IV 1
Other Provisions 2
(1) This agreement shall take effect when states cumulatively possessing a majority 3
of the electoral votes have enacted this agreement in substantially the same form 4
and the enactments by such states have taken effect in each state. 5
(2) Any member state may withdraw from this agreement, except that withdrawal 6
occurring six (6) months or less before the end of a President's term shall not 7
become effective until a President or Vice President shall have been qualified to 8
serve the next term. 9
(3) The chief executive of each member state shall promptly notify the chief executive 10
of all other states of when this agreement has been enacted and has taken effect 11
in that official's state, when the state has withdrawn from this agreement, and 12
when this agreement takes effect generally. 13
(4) This agreement shall terminate if the electoral college is abolished. 14
(5) If any provision of this agreement is held invalid, the remaining provisions shall 15
not be affected. 16
ARTICLE V 17
Definitions 18
For purposes of this agreement: 19
(1) "Chief executive" means the Governor of a state of the United States or the 20
mayor of the District of Columbia; 21
(2) "Elector slate" means a slate of candidates who have been nominated in a state 22
for the position of presidential elector in association with a presidential slate; 23
(3) "Chief election official" means the state official or body that is authorized to 24
certify the total number of popular votes for each presidential slate; 25
(4) "Presidential elector" means an elector of President and Vice President of the 26
United States; 27 UNOFFICIAL COPY 24 RS BR 65
Page 4 of 4
XXXX 5/19/2023 2:43 PM Jacketed
(5) "Presidential elector certifying official" means the state official or body that is 1
authorized to certify the appointment of the slate's presidential electors; 2
(6) "Presidential slate" means a slate of two (2) persons, the first of whom has been 3
nominated as a candidate for President of the United States and the second of 4
whom has been nominated as a candidate for Vice President of the United States, 5
or any legal successors to such persons, regardless of whether both names appear 6
on the ballot presented to the voter in a particular state; 7
(7) "State" means a state of the United States and the District of Columbia; and 8
(8) "Statewide popular election" means a general election in which votes are cast for 9
presidential slates by individual voters and counted on a statewide basis. 10