Minnesota 2025-2026 Regular Session

Minnesota Senate Bill SF720 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; withdrawing from the Agreement Among the States to Elect
3	3	1.3 the President by National Popular Vote; amending Minnesota Statutes 2024, section
4	4	1.4 208.05; repealing Minnesota Statutes 2024, sections 208.051; 208.052.
5	5	1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
6	6	1.6 Section 1. Minnesota Statutes 2024, section 208.05, is amended to read:
7	7	1.7 208.05 STATE CANVASSING BOARD.
8	8	1.8 The State Canvassing Board at its meeting on the date provided in section 204C.33 shall
9	9	1.9open and canvass the returns made to the secretary of state for presidential electors and
10	10	1.10alternates, prepare a statement of the number of votes cast for the persons receiving votes
11	11	1.11for these offices, and declare the person or persons receiving the highest number of votes
12	12	1.12for each office duly elected, except that if the Agreement Among the States to Elect the
13	13	1.13President by National Popular Vote governs the appointment of presidential electors, the
14	14	1.14State Canvassing Board shall declare duly elected the candidates for presidential electors
15	15	1.15and alternates identified in accordance with the provisions of that agreement. When it appears
16	16	1.16that more than the number of persons to be elected as presidential electors or alternates have
17	17	1.17the highest and an equal number of votes, the secretary of state, in the presence of the board
18	18	1.18shall decide by lot which of the persons shall be declared elected, except that if the Agreement
19	19	1.19Among the States to Elect the President by National Popular Vote governs the appointment
20	20	1.20of presidential electors, no such drawing of lots shall be conducted. The governor shall
21	21	1.21transmit to each person declared elected a certificate of election, signed by the governor,
22	22	1.22sealed with the state seal, and countersigned by the secretary of state.
23	23	1Section 1.
24	24	25-00549 as introduced01/02/25 REVISOR JFK/HL
25	25	SENATE
26	26	STATE OF MINNESOTA
27	27	S.F. No. 720NINETY-FOURTH SESSION
28	28	(SENATE AUTHORS: LUCERO, Eichorn, Gruenhagen, Farnsworth and Bahr)
29	29	OFFICIAL STATUSD-PGDATE
30	30	Introduction and first reading01/27/2025
31	31	Referred to Elections 2.1 Sec. 2. WITHDRAWAL.
32	32	2.2 For purposes of Article IV of the Agreement Among the States to Elect the President
33	33	2.3by National Popular Vote, this act constitutes withdrawal from agreement, and the governor
34	34	2.4is directed to inform the chief executives of other agreement states of the withdrawal.
35	35	2.5 Sec. 3. REPEALER.
36	36	2.6 Minnesota Statutes 2024, sections 208.051; and 208.052, are repealed.
37	37	2Sec. 3.
38	38	25-00549 as introduced01/02/25 REVISOR JFK/HL 208.051 AGREEMENT AMONG THE STATES TO ELECT THE PRESIDENT BY
39	39	NATIONAL POPULAR VOTE.
40	40	The Agreement Among the States to Elect the President by National Popular Vote is enacted
41	41	into law and entered into with all other states legally joining in it in substantially the following
42	42	form:
43	43	Article I - Membership
44	44	Any state of the United States and the District of Columbia may become a member of this
45	45	agreement by enacting this agreement.
46	46	Article II - Right of the People in Member States to
47	47	Vote for President and Vice President
48	48	Each member state shall conduct a statewide popular election for president and vice president
49	49	of the United States.
50	50	Article III - Manner of Appointing Presidential Electors in Member States
51	51	Prior to the time set by law for the meeting and voting by the presidential electors, the chief
52	52	election official of each member state shall determine the number of votes for each presidential
53	53	slate in each state of the United States and in the District of Columbia in which votes have been
54	54	cast in a statewide popular election and shall add such votes together to produce a national popular
55	55	vote total for each presidential slate. The chief election official of each member state shall designate
56	56	the presidential slate with the largest national popular vote total as the national popular vote winner.
57	57	The presidential elector certifying official of each member state shall certify the appointment in
58	58	that official's own state of the elector slate nominated in that state in association with the national
59	59	popular vote winner. At least six days before the day fixed by law for the meeting and voting by
60	60	the presidential electors, each member state shall make a final determination of the number of
61	61	popular votes cast in the state for each presidential slate and shall communicate an official statement
62	62	of such determination within 24 hours to the chief election official of each other member state. The
63	63	chief election official of each member state shall treat as conclusive an official statement containing
64	64	the number of popular votes in a state for each presidential slate made by the day established by
65	65	federal law for making a state's final determination conclusive as to the counting of electoral votes
66	66	by Congress. In event of a tie for the national popular vote winner, the presidential elector certifying
67	67	official of each member state shall certify the appointment of the elector slate nominated in
68	68	association with the presidential slate receiving the largest number of popular votes within that
69	69	official's own state. If, for any reason, the number of presidential electors nominated in a member
70	70	state in association with the national popular vote winner is less than or greater than that state's
71	71	number of electoral votes, the presidential candidate on the presidential slate that has been designated
72	72	as the national popular vote winner shall have the power to nominate the presidential electors for
73	73	that state and that state's presidential elector certifying official shall certify the appointment of such
74	74	nominees. The chief election official of each member state shall immediately release to the public
75	75	all vote counts or statements of votes as they are determined or obtained. This article shall govern
76	76	the appointment of presidential electors in each member state in any year in which this agreement
77	77	is, on July 20, in effect in states cumulatively possessing a majority of the electoral votes.
78	78	Article IV - Other Provisions
79	79	This agreement shall take effect when states cumulatively possessing a majority of the electoral
80	80	votes have enacted this agreement in substantially the same form and the enactments by such states
81	81	have taken effect in each state. Any member state may withdraw from this agreement, except that
82	82	a withdrawal occurring six months or less before the end of a president's term shall not become
83	83	effective until a president or vice president shall have been qualified to serve the next term. The
84	84	chief executive of each member state shall promptly notify the chief executive of all other states
85	85	of when this agreement has been enacted and has taken effect in that official's state, when the state
86	86	has withdrawn from this agreement, and when this agreement takes effect generally. This agreement
87	87	shall terminate if the electoral college is abolished. If any provision of this agreement is held invalid,
88	88	the remaining provisions shall not be affected.
89	89	Article V - Definitions
90	90	For purposes of this agreement:
91	91	(1) "chief election official" means the state official or body that is authorized to certify the total
92	92	number of popular votes for each presidential slate;
93	93	1R
94	94	APPENDIX
95	95	Repealed Minnesota Statutes: 25-00549 (2) "chief executive" means the governor of a state of the United States or the mayor of the
96	96	District of Columbia;
97	97	(3) "elector slate" means a slate of candidates who have been nominated in a state for the position
98	98	of presidential elector in association with a presidential slate;
99	99	(4) "presidential elector" means an elector for president and vice president of the United States;
100	100	(5) "presidential elector certifying official" means the state official or body that is authorized
101	101	to certify the appointment of the state's presidential electors;
102	102	(6) "presidential slate" means a slate of two persons, the first of whom has been nominated as
103	103	a candidate for president of the United States and the second of whom has been nominated as a
104	104	candidate for vice president of the United States, or any legal successors to such persons, regardless
105	105	of whether both names appear on the ballot presented to the voter in a particular state;
106	106	(7) "state" means a state of the United States and the District of Columbia; and
107	107	(8) "statewide popular election" means a general election in which votes are cast for presidential
108	108	slates by individual voters and counted on a statewide basis.
109	109	208.052 CONFLICT OF LAWS.
110	110	When the Agreement Among the States to Elect the President by National Popular Vote governs
111	111	the appointment of presidential electors, the provisions of that agreement shall take precedence
112	112	over any conflicting law of this state.
113	113	2R
114	114	APPENDIX
115	115	Repealed Minnesota Statutes: 25-00549