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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
HOUSE BILL 1574 By: Rosecrants
AS INTRODUCED
An Act relating to presidential elections;
establishing the Agreement Among the States to Elect
the President by National Popular Vot e; stating the
intent of the state to join in the Agreement and
become a member state of the Agreement Among the
States to Elect the President by National Popular
Vote; providing that any state is eligible to become
a member state; providing for a statewid e popular
election for President and Vice President of the
United States; establishing a procedure for
appointing presidential electors in member states;
specifying when the agreement becomes effective;
providing for the withdrawal of a member state;
requiring notification of member states; specifying
that the provisions of the agreement are severable;
defining certain terms; providing for codification;
and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 10 -110 of Title 26, unless there
is created a duplication in numbering, reads as follows:
A. Pursuant to terms and conditions of Title 26 of the Oklahoma
Statutes, the State of Oklahoma seeks to join with other states and
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establish the Agreement Among the States to Elect the President by
National Popular Vote.
B. This state enters into the agreement with all other states
legally joining in substant ially the following form:
AGREEMENT AMONG THE STATES TO ELECT
THE PRESIDENT BY NATIONAL POPULAR VOTE
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 ELECTOR S 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.
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The chief election official of each member state shall desi gnate
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 (6) 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 twenty -four (24)
hours to the chief election official of each other member state.
The chief election official of each membe r state shall treat as
conclusive an official statement containing the number of popular
votes in a state for each presidential slate made by the date
established by federal law for making a state 's final determination
conclusive as to the counting of elec toral votes by Congress.
In the 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 r eceiving the largest number
of popular votes within that official 's own state.
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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 c ertifying 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 gover n 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 effec t 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 (6) 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.
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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 te rminate 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 executive" shall mean the Governor of a st ate of the
United States or the Mayor of the District of Columbia;
2. "Elector slate" shall mean a slate of candidates who have
been nominated in a state for the position of presidential elector
in association with a presidential slate;
3. "Chief election official" shall mean the state official or
body that is authorized to certify the total number of popular votes
for each presidential slate;
4. "Presidential elector " shall mean an elector for President
and Vice President of the United States;
5. "Presidential elector certifying official " shall mean the
state official or body that is authorized to certify the appointment
of the state's presidential electors;
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6. "Presidential slate" shall mean 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" shall mean a state of the United States or the
District of Columbia; and
8. "Statewide popular election " shall mean a general election
in which votes are cast for presidential slates by individual voters
and counted on a statewide basis.
SECTION 2. This act shall become effective November 1, 2021.
58-1-6094 LRB 12/23/20