82R9568 ATP-F
By: Raymond H.B. No. 1498
A BILL TO BE ENTITLED
AN ACT
relating to the adoption of the Agreement Among the States to Elect
the President by National Popular Vote.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 11, Election Code, is amended by adding
Chapter 193 to read as follows:
CHAPTER 193. AGREEMENT AMONG THE STATES TO ELECT
THE PRESIDENT BY NATIONAL POPULAR VOTE
Sec. 193.001. EXECUTION OF INTERSTATE COMPACT. This state
enters into an agreement with all other states legally joining in
the agreement in substantially 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
ELECTORS IN MEMBER STATES
A. 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.
B. 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."
C. 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.
D. 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.
E. 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.
F. 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.
G. 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.
H. 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.
I. 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
A. 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.
B. 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.
C. 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.
D. This agreement shall terminate if the electoral college
is abolished.
E. If any provision of this agreement is held invalid, the
remaining provisions shall not be affected.
ARTICLE V. DEFINITIONS
For purposes of this agreement,
A. "chief executive" shall mean the Governor of a State of
the United States or the Mayor of the District of Columbia;
B. "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;
C. "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;
D. "presidential elector" shall mean an elector for
President and Vice President of the United States;
E. "presidential elector certifying official" shall mean
the state official or body that is authorized to certify the
appointment of the state's presidential electors;
F. "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;
G. "state" shall mean a State of the United States and the
District of Columbia; and
H. "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.
Sec. 193.002. EFFECT OF TEXAS LAWS. If the laws of this
state conflict with the compact, the compact controls, except that
in the event of a conflict between the compact and the Texas
Constitution, as determined by the courts of this state, the Texas
Constitution controls.
SECTION 2. This Act takes effect September 1, 2011.