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28	28	STATE OF OKLAHOMA
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30	30	1st Session of the 58th Legislature (2021)
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32	32	HOUSE BILL 1574 By: Rosecrants
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38	38	AS INTRODUCED
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40	40	An Act relating to presidential elections;
41	41	establishing the Agreement Among the States to Elect
42	42	the President by National Popular Vot e; stating the
43	43	intent of the state to join in the Agreement and
44	44	become a member state of the Agreement Among the
45	45	States to Elect the President by National Popular
46	46	Vote; providing that any state is eligible to become
47	47	a member state; providing for a statewid e popular
48	48	election for President and Vice President of the
49	49	United States; establishing a procedure for
50	50	appointing presidential electors in member states;
51	51	specifying when the agreement becomes effective;
52	52	providing for the withdrawal of a member state;
53	53	requiring notification of member states; specifying
54	54	that the provisions of the agreement are severable;
55	55	defining certain terms; providing for codification;
56	56	and providing an effective date.
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62	62	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
63	63	SECTION 1. NEW LAW A new section of law to be codified
64	64	in the Oklahoma Statutes as Section 10 -110 of Title 26, unless there
65	65	is created a duplication in numbering, reads as follows:
66	66	A. Pursuant to terms and conditions of Title 26 of the Oklahoma
67	67	Statutes, the State of Oklahoma seeks to join with other states and
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94	94	establish the Agreement Among the States to Elect the President by
95	95	National Popular Vote.
96	96	B. This state enters into the agreement with all other states
97	97	legally joining in substant ially the following form:
98	98	AGREEMENT AMONG THE STATES TO ELECT
99	99	THE PRESIDENT BY NATIONAL POPULAR VOTE
100	100	ARTICLE I. MEMBERSHIP
101	101	Any state of the United States and the District of Columbia may
102	102	become a member of this agreement by enacting this agreement.
103	103	ARTICLE II. RIGHT OF THE PEOPLE IN MEMBER
104	104	STATES TO VOTE FOR PRESIDENT AND VICE PRESIDENT
105	105	Each member state shall conduct a statewide popular election for
106	106	President and Vice President of the United States.
107	107	ARTICLE III. MANNER OF APPOINTING
108	108	PRESIDENTIAL ELECTOR S IN MEMBER STATES
109	109	Prior to the time set by law for the meeting and voting by the
110	110	presidential electors, the chief election official of each member
111	111	state shall determine the number of votes for each presidential
112	112	slate in each state of the United States and in the District of
113	113	Columbia in which votes have been cast in a statewide popular
114	114	election and shall add such votes together to produce a "national
115	115	popular vote total" for each presidential slate.
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142	142	The chief election official of each member state shall desi gnate
143	143	the presidential slate with the largest national popular vote total
144	144	as the "national popular vote winner ".
145	145	The presidential elector certifying official of each member
146	146	state shall certify the appointment in that official 's own state of
147	147	the elector slate nominated in that state in association with the
148	148	national popular vote winner.
149	149	At least six (6) days before the day fixed by law for the
150	150	meeting and voting by the presidential electors, each member state
151	151	shall make a final determination of the number of popular votes cast
152	152	in the state for each presidential slate and shall communicate an
153	153	official statement of such determination within twenty -four (24)
154	154	hours to the chief election official of each other member state.
155	155	The chief election official of each membe r state shall treat as
156	156	conclusive an official statement containing the number of popular
157	157	votes in a state for each presidential slate made by the date
158	158	established by federal law for making a state 's final determination
159	159	conclusive as to the counting of elec toral votes by Congress.
160	160	In the event of a tie for the national popular vote winner, the
161	161	presidential elector certifying official of each member state shall
162	162	certify the appointment of the elector slate nominated in
163	163	association with the presidential slate r eceiving the largest number
164	164	of popular votes within that official 's own state.
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191	191	If, for any reason, the number of presidential electors
192	192	nominated in a member state in association with the national popular
193	193	vote winner is less than or greater than that state 's number of
194	194	electoral votes, the presidential candidate on the presidential
195	195	slate that has been designated as the national popular vote winner
196	196	shall have the power to nominate the presidential electors for that
197	197	state and that state 's presidential elector c ertifying official
198	198	shall certify the appointment of such nominees. The chief election
199	199	official of each member state shall immediately release to the
200	200	public all vote counts or statements of votes as they are determined
201	201	or obtained.
202	202	This article shall gover n the appointment of presidential
203	203	electors in each member state in any year in which this agreement
204	204	is, on July 20, in effect in states cumulatively possessing a
205	205	majority of the electoral votes.
206	206	ARTICLE IV. OTHER PROVISIONS
207	207	This agreement shall take effec t when states cumulatively
208	208	possessing a majority of the electoral votes have enacted this
209	209	agreement in substantially the same form and the enactments by such
210	210	states have taken effect in each state.
211	211	Any member state may withdraw from this agreement, except that a
212	212	withdrawal occurring six (6) months or less before the end of a
213	213	President's term shall not become effective until a President or
214	214	Vice President shall have been qualified to serve the next term.
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241	241	The chief executive of each member state shall promptly notify
242	242	the chief executive of all other states of when this agreement has
243	243	been enacted and has taken effect in that official 's state, when the
244	244	state has withdrawn from this agreement, and when this agreement
245	245	takes effect generally.
246	246	This agreement shall te rminate if the electoral college is
247	247	abolished.
248	248	If any provision of this agreement is held invalid, the
249	249	remaining provisions shall not be affected.
250	250	ARTICLE V. DEFINITIONS
251	251	For purposes of this agreement:
252	252	1. "Chief executive" shall mean the Governor of a st ate of the
253	253	United States or the Mayor of the District of Columbia;
254	254	2. "Elector slate" shall mean a slate of candidates who have
255	255	been nominated in a state for the position of presidential elector
256	256	in association with a presidential slate;
257	257	3. "Chief election official" shall mean the state official or
258	258	body that is authorized to certify the total number of popular votes
259	259	for each presidential slate;
260	260	4. "Presidential elector " shall mean an elector for President
261	261	and Vice President of the United States;
262	262	5. "Presidential elector certifying official " shall mean the
263	263	state official or body that is authorized to certify the appointment
264	264	of the state's presidential electors;
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291	291	6. "Presidential slate" shall mean a slate of two persons, the
292	292	first of whom has been nominated as a candidate for President of the
293	293	United States and the second of whom has been nominated as a
294	294	candidate for Vice President of the United States, or any legal
295	295	successors to such persons, regardless of whether both names appear
296	296	on the ballot presented to the voter in a particular state;
297	297	7. "State" shall mean a state of the United States or the
298	298	District of Columbia; and
299	299	8. "Statewide popular election " shall mean a general election
300	300	in which votes are cast for presidential slates by individual voters
301	301	and counted on a statewide basis.
302	302	SECTION 2. This act shall become effective November 1, 2021.
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304	304	58-1-6094 LRB 12/23/20

Oklahoma 2022 Regular Session

Oklahoma House Bill HB1574 Compare Versions