Minnesota 2025-2026 Regular Session

Minnesota House Bill HF898 Compare Versions

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

Old	New	Differences
1	1	1.1 A bill for an act
2	2	1.2 relating to elections; providing for the designation and election of presidential
3	3	1.3 electors; withdrawing from the Agreement Among the States to Elect the President
4	4	1.4 by National Popular Vote; amending Minnesota Statutes 2024, sections 208.03;
5	5	1.5 208.05; repealing Minnesota Statutes 2024, sections 208.051; 208.052.
6	6	1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
7	7	1.7 Section 1. Minnesota Statutes 2024, section 208.03, is amended to read:
8	8	1.8 208.03 NOMINATION OF PRESIDENTIAL ELECTORS AND ALTERNATES.
9	9	1.9 Presidential electors and alternates for the major political parties of this state shall be
10	10	1.10nominated by delegate conventions called and held under the supervision of the respective
11	11	1.11state central committees of the parties of this state. Each major political party shall nominate
12	12	1.12one presidential elector from each congressional district and two presidential electors from
13	13	1.13the state at large. At least 71 days before the general election day the chair of the major
14	14	1.14political party shall certify to the secretary of state the names of the persons nominated as
15	15	1.15presidential electors, the names of persons nominated as alternate presidential electors, and
16	16	1.16the names of the party candidates for president and vice president. For each person nominated
17	17	1.17as an elector or alternate elector, the chair shall indicate whether the person is nominated
18	18	1.18as an at-large elector or is nominated to represent a congressional district. If the person is
19	19	1.19nominated to represent a congressional district, the chair must indicate the congressional
20	20	1.20district number for each nominee. The chair shall also certify that the party candidates for
21	21	1.21president and vice president have no affidavit on file as a candidate for any office in this
22	22	1.22state at the ensuing general election.
23	23	1Section 1.
24	24	REVISOR JFK/VJ 25-0110501/16/25
25	25	State of Minnesota
26	26	This Document can be made available
27	27	in alternative formats upon request
28	28	HOUSE OF REPRESENTATIVES
29	29	H. F. No. 898
30	30	NINETY-FOURTH SESSION
31	31	Authored by Knudsen, Harder, Skraba, Davis, Engen and others02/17/2025
32	32	The bill was read for the first time and referred to the Committee on Elections Finance and Government Operations 2.1 Sec. 2. Minnesota Statutes 2024, section 208.05, is amended to read:
33	33	2.2 208.05 STATE CANVASSING BOARD.
34	34	2.3 The State Canvassing Board at its meeting on the date provided in section 204C.33 shall
35	35	2.4open and canvass the returns made to the secretary of state for presidential electors and
36	36	2.5alternates, prepare a statement of the number of votes cast for the persons receiving votes
37	37	2.6for these offices statewide and within each congressional district, and declare the person or
38	38	2.7persons receiving the highest number of votes for each office duly elected, except that if
39	39	2.8the Agreement Among the States to Elect the President by National Popular Vote governs
40	40	2.9the appointment of presidential electors, the State Canvassing Board shall declare duly
41	41	2.10elected the candidates for presidential electors and alternates identified in accordance with
42	42	2.11the provisions of that agreement. as follows:
43	43	2.12 (1) the statewide vote totals must be used to determine the persons elected to serve as
44	44	2.13electors under the at-large designation; and
45	45	2.14 (2) the vote totals within each congressional district must be used to determine the person
46	46	2.15elected to serve as an elector representing that district.
47	47	2.16 When it appears that more than the number of persons to be elected as presidential
48	48	2.17electors or alternates have the highest and an equal number of votes, the secretary of state,
49	49	2.18in the presence of the board shall decide by lot which of the persons shall be declared elected,
50	50	2.19except that if the Agreement Among the States to Elect the President by National Popular
51	51	2.20Vote governs the appointment of presidential electors, no such drawing of lots shall be
52	52	2.21conducted. The governor shall transmit to each person declared elected a certificate of
53	53	2.22election, signed by the governor, sealed with the state seal, and countersigned by the secretary
54	54	2.23of state.
55	55	2.24 Sec. 3. WITHDRAWAL.
56	56	2.25 For purposes of Article IV of the Agreement Among the States to Elect the President
57	57	2.26by National Popular Vote, this act constitutes withdrawal from agreement, and the governor
58	58	2.27is directed to inform the chief executives of other agreement states of the withdrawal.
59	59	2.28 Sec. 4. REPEALER.
60	60	2.29 Minnesota Statutes 2024, sections 208.051; and 208.052, are repealed.
61	61	2Sec. 4.
62	62	REVISOR JFK/VJ 25-0110501/16/25 208.051 AGREEMENT AMONG THE STATES TO ELECT THE PRESIDENT BY
63	63	NATIONAL POPULAR VOTE.
64	64	The Agreement Among the States to Elect the President by National Popular Vote is enacted
65	65	into law and entered into with all other states legally joining in it in substantially the following
66	66	form:
67	67	Article I - Membership
68	68	Any state of the United States and the District of Columbia may become a member of this
69	69	agreement by enacting this agreement.
70	70	Article II - Right of the People in Member States to
71	71	Vote for President and Vice President
72	72	Each member state shall conduct a statewide popular election for president and vice president
73	73	of the United States.
74	74	Article III - Manner of Appointing Presidential Electors in Member States
75	75	Prior to the time set by law for the meeting and voting by the presidential electors, the chief
76	76	election official of each member state shall determine the number of votes for each presidential
77	77	slate in each state of the United States and in the District of Columbia in which votes have been
78	78	cast in a statewide popular election and shall add such votes together to produce a national popular
79	79	vote total for each presidential slate. The chief election official of each member state shall designate
80	80	the presidential slate with the largest national popular vote total as the national popular vote winner.
81	81	The presidential elector certifying official of each member state shall certify the appointment in
82	82	that official's own state of the elector slate nominated in that state in association with the national
83	83	popular vote winner. At least six days before the day fixed by law for the meeting and voting by
84	84	the presidential electors, each member state shall make a final determination of the number of
85	85	popular votes cast in the state for each presidential slate and shall communicate an official statement
86	86	of such determination within 24 hours to the chief election official of each other member state. The
87	87	chief election official of each member state shall treat as conclusive an official statement containing
88	88	the number of popular votes in a state for each presidential slate made by the day established by
89	89	federal law for making a state's final determination conclusive as to the counting of electoral votes
90	90	by Congress. In event of a tie for the national popular vote winner, the presidential elector certifying
91	91	official of each member state shall certify the appointment of the elector slate nominated in
92	92	association with the presidential slate receiving the largest number of popular votes within that
93	93	official's own state. If, for any reason, the number of presidential electors nominated in a member
94	94	state in association with the national popular vote winner is less than or greater than that state's
95	95	number of electoral votes, the presidential candidate on the presidential slate that has been designated
96	96	as the national popular vote winner shall have the power to nominate the presidential electors for
97	97	that state and that state's presidential elector certifying official shall certify the appointment of such
98	98	nominees. The chief election official of each member state shall immediately release to the public
99	99	all vote counts or statements of votes as they are determined or obtained. This article shall govern
100	100	the appointment of presidential electors in each member state in any year in which this agreement
101	101	is, on July 20, in effect in states cumulatively possessing a majority of the electoral votes.
102	102	Article IV - Other Provisions
103	103	This agreement shall take effect when states cumulatively possessing a majority of the electoral
104	104	votes have enacted this agreement in substantially the same form and the enactments by such states
105	105	have taken effect in each state. Any member state may withdraw from this agreement, except that
106	106	a withdrawal occurring six months or less before the end of a president's term shall not become
107	107	effective until a president or vice president shall have been qualified to serve the next term. The
108	108	chief executive of each member state shall promptly notify the chief executive of all other states
109	109	of when this agreement has been enacted and has taken effect in that official's state, when the state
110	110	has withdrawn from this agreement, and when this agreement takes effect generally. This agreement
111	111	shall terminate if the electoral college is abolished. If any provision of this agreement is held invalid,
112	112	the remaining provisions shall not be affected.
113	113	Article V - Definitions
114	114	For purposes of this agreement:
115	115	(1) "chief election official" means the state official or body that is authorized to certify the total
116	116	number of popular votes for each presidential slate;
117	117	1R
118	118	APPENDIX
119	119	Repealed Minnesota Statutes: 25-01105 (2) "chief executive" means the governor of a state of the United States or the mayor of the
120	120	District of Columbia;
121	121	(3) "elector slate" means a slate of candidates who have been nominated in a state for the position
122	122	of presidential elector in association with a presidential slate;
123	123	(4) "presidential elector" means an elector for president and vice president of the United States;
124	124	(5) "presidential elector certifying official" means the state official or body that is authorized
125	125	to certify the appointment of the state's presidential electors;
126	126	(6) "presidential slate" means a slate of two persons, the first of whom has been nominated as
127	127	a candidate for president of the United States and the second of whom has been nominated as a
128	128	candidate for vice president of the United States, or any legal successors to such persons, regardless
129	129	of whether both names appear on the ballot presented to the voter in a particular state;
130	130	(7) "state" means a state of the United States and the District of Columbia; and
131	131	(8) "statewide popular election" means a general election in which votes are cast for presidential
132	132	slates by individual voters and counted on a statewide basis.
133	133	208.052 CONFLICT OF LAWS.
134	134	When the Agreement Among the States to Elect the President by National Popular Vote governs
135	135	the appointment of presidential electors, the provisions of that agreement shall take precedence
136	136	over any conflicting law of this state.
137	137	2R
138	138	APPENDIX
139	139	Repealed Minnesota Statutes: 25-01105