1.1 A bill for an act
1.2 relating to elections; withdrawing from the Agreement Among the States to Elect
1.3 the President by National Popular Vote; amending Minnesota Statutes 2024, section
1.4 208.05; repealing Minnesota Statutes 2024, sections 208.051; 208.052.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2024, section 208.05, is amended to read:
1.7 208.05 STATE CANVASSING BOARD.
1.8 The State Canvassing Board at its meeting on the date provided in section 204C.33 shall
1.9open and canvass the returns made to the secretary of state for presidential electors and
1.10alternates, prepare a statement of the number of votes cast for the persons receiving votes
1.11for these offices, and declare the person or persons receiving the highest number of votes
1.12for each office duly elected, except that if the Agreement Among the States to Elect the
1.13President by National Popular Vote governs the appointment of presidential electors, the
1.14State Canvassing Board shall declare duly elected the candidates for presidential electors
1.15and alternates identified in accordance with the provisions of that agreement. When it appears
1.16that more than the number of persons to be elected as presidential electors or alternates have
1.17the highest and an equal number of votes, the secretary of state, in the presence of the board
1.18shall decide by lot which of the persons shall be declared elected, except that if the Agreement
1.19Among the States to Elect the President by National Popular Vote governs the appointment
1.20of presidential electors, no such drawing of lots shall be conducted. The governor shall
1.21transmit to each person declared elected a certificate of election, signed by the governor,
1.22sealed with the state seal, and countersigned by the secretary of state.
1Section 1.
25-00549 as introduced01/02/25 REVISOR JFK/HL
SENATE
STATE OF MINNESOTA
S.F. No. 720NINETY-FOURTH SESSION
(SENATE AUTHORS: LUCERO, Eichorn, Gruenhagen, Farnsworth and Bahr)
OFFICIAL STATUSD-PGDATE
Introduction and first reading01/27/2025
Referred to Elections 2.1 Sec. 2. WITHDRAWAL.
2.2 For purposes of Article IV of the Agreement Among the States to Elect the President
2.3by National Popular Vote, this act constitutes withdrawal from agreement, and the governor
2.4is directed to inform the chief executives of other agreement states of the withdrawal.
2.5 Sec. 3. REPEALER.
2.6 Minnesota Statutes 2024, sections 208.051; and 208.052, are repealed.
2Sec. 3.
25-00549 as introduced01/02/25 REVISOR JFK/HL 208.051 AGREEMENT AMONG THE STATES TO ELECT THE PRESIDENT BY
NATIONAL POPULAR VOTE.
The Agreement Among the States to Elect the President by National Popular Vote is enacted
into law and entered into with all other states legally joining in it in substantially the following
form:
Article I - Membership
Any state of the United States and the District of Columbia may become a member of this
agreement by enacting this agreement.
Article II - Right of the People in Member States to
Vote for President and Vice President
Each member state shall conduct a statewide popular election for president and vice president
of the United States.
Article III - Manner of Appointing Presidential Electors in Member States
Prior to the time set by law for the meeting and voting by the presidential electors, the chief
election official of each member state shall determine the number of votes for each presidential
slate in each state of the United States and in the District of Columbia in which votes have been
cast in a statewide popular election and shall add such votes together to produce a national popular
vote total for each presidential slate. The chief election official of each member state shall designate
the presidential slate with the largest national popular vote total as the national popular vote winner.
The presidential elector certifying official of each member state shall certify the appointment in
that official's own state of the elector slate nominated in that state in association with the national
popular vote winner. At least six days before the day fixed by law for the meeting and voting by
the presidential electors, each member state shall make a final determination of the number of
popular votes cast in the state for each presidential slate and shall communicate an official statement
of such determination within 24 hours to the chief election official of each other member state. The
chief election official of each member state shall treat as conclusive an official statement containing
the number of popular votes in a state for each presidential slate made by the day established by
federal law for making a state's final determination conclusive as to the counting of electoral votes
by Congress. In event of a tie for the national popular vote winner, the presidential elector certifying
official of each member state shall certify the appointment of the elector slate nominated in
association with the presidential slate receiving the largest number of popular votes within that
official's own state. If, for any reason, the number of presidential electors nominated in a member
state in association with the national popular vote winner is less than or greater than that state's
number of electoral votes, the presidential candidate on the presidential slate that has been designated
as the national popular vote winner shall have the power to nominate the presidential electors for
that state and that state's presidential elector certifying official shall certify the appointment of such
nominees. The chief election official of each member state shall immediately release to the public
all vote counts or statements of votes as they are determined or obtained. This article shall govern
the appointment of presidential electors in each member state in any year in which this agreement
is, on July 20, in effect in states cumulatively possessing a majority of the electoral votes.
Article IV - Other Provisions
This agreement shall take effect when states cumulatively possessing a majority of the electoral
votes have enacted this agreement in substantially the same form and the enactments by such states
have taken effect in each state. Any member state may withdraw from this agreement, except that
a withdrawal occurring six months or less before the end of a president's term shall not become
effective until a president or vice president shall have been qualified to serve the next term. The
chief executive of each member state shall promptly notify the chief executive of all other states
of when this agreement has been enacted and has taken effect in that official's state, when the state
has withdrawn from this agreement, and when this agreement takes effect generally. This agreement
shall terminate if the electoral college is abolished. If any provision of this agreement is held invalid,
the remaining provisions shall not be affected.
Article V - Definitions
For purposes of this agreement:
(1) "chief election official" means the state official or body that is authorized to certify the total
number of popular votes for each presidential slate;
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APPENDIX
Repealed Minnesota Statutes: 25-00549 (2) "chief executive" means the governor of a state of the United States or the mayor of the
District of Columbia;
(3) "elector slate" means a slate of candidates who have been nominated in a state for the position
of presidential elector in association with a presidential slate;
(4) "presidential elector" means an elector for president and vice president of the United States;
(5) "presidential elector certifying official" means the state official or body that is authorized
to certify the appointment of the state's presidential electors;
(6) "presidential slate" means a slate of two persons, the first of whom has been nominated as
a candidate for president of the United States and the second of whom has been nominated as a
candidate for vice president of the United States, or any legal successors to such persons, regardless
of whether both names appear on the ballot presented to the voter in a particular state;
(7) "state" means a state of the United States and the District of Columbia; and
(8) "statewide popular election" means a general election in which votes are cast for presidential
slates by individual voters and counted on a statewide basis.
208.052 CONFLICT OF LAWS.
When the Agreement Among the States to Elect the President by National Popular Vote governs
the appointment of presidential electors, the provisions of that agreement shall take precedence
over any conflicting law of this state.
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APPENDIX
Repealed Minnesota Statutes: 25-00549