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3 | 3 | | 2023 - 2024 LEGISLATURE |
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4 | 4 | | 2023 SENATE BILL 144 |
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5 | 5 | | April 3, 2023 - Introduced by Senators WIRCH, ROYS, CARPENTER, HESSELBEIN, |
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6 | 6 | | LARSON and SPREITZER, cosponsored by Representatives J. ANDERSON, C. |
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7 | 7 | | ANDERSON, BALDEH, CLANCY, JOERS, MADISON, OHNSTAD, PALMERI, RATCLIFF, |
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8 | 8 | | SHELTON, SINICKI, SUBECK and CONLEY. Referred to Committee on Government |
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9 | 9 | | Operations, Elections and Consumer Protection. |
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10 | 10 | | ***AUTHORS SUBJECT TO CHANGE*** |
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11 | 11 | | AN ACT to renumber and amend 5.10; to amend 7.70 (5) (b) and 7.75 (2); and |
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12 | 12 | | to create 5.10 (2), 5.11 and 5.12 of the statutes; relating to: entering into an |
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13 | 13 | | agreement among the states to elect the president of the United States by |
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14 | 14 | | means of a national popular vote. |
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15 | 15 | | Analysis by the Legislative Reference Bureau |
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16 | 16 | | Currently, the names of the presidential electors do not appear on the ballot in |
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17 | 17 | | Wisconsin. Instead, the names of the candidates for president and vice president |
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18 | 18 | | appear on the ballot, and each vote cast for one of the tickets is a vote for the |
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19 | 19 | | presidential electors whose names are filed by their political party or, in the case of |
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20 | 20 | | independent candidates, whose names are filed with the nomination papers of the |
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21 | 21 | | candidates. After the winners of the presidential election in this state are |
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22 | 22 | | determined, the presidential electors convene and cast their ballots for the |
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23 | 23 | | candidates of the party who filed their names or for the independent candidates who |
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24 | 24 | | filed their names. |
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25 | 25 | | This bill ratifies and enters Wisconsin into an agreement among the states that |
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26 | 26 | | provides that if the agreement governs a particular presidential election, each state |
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27 | 27 | | participating in the agreement will certify the electors of the party, or in the case of |
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28 | 28 | | independent candidates, the electors of the candidates, who win the national popular |
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29 | 29 | | vote for president and vice president as the winning slate of presidential electors in |
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30 | 30 | | the participating state. Under the agreement, the Elections Commission must |
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31 | 31 | | certify to the other participating states the winners of the presidential and vice |
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32 | 32 | | presidential vote in this state and must accept the determinations of the chief |
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37 | 37 | | JK&MPG:emw |
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38 | 38 | | SENATE BILL 144 |
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39 | 39 | | election officials of the other states in calculating the numbers of votes cast for the |
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40 | 40 | | presidential and vice presidential candidates in their states. The agreement governs |
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41 | 41 | | the appointment of presidential electors in this state in any year in which the |
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42 | 42 | | agreement is, on July 20, in effect in states cumulatively possessing a majority of |
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43 | 43 | | electoral votes. |
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44 | 44 | | The people of the state of Wisconsin, represented in senate and assembly, do |
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45 | 45 | | enact as follows: |
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46 | 46 | | SECTION 1. 5.10 of the statutes is renumbered 5.10 (1) and amended to read: |
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47 | 47 | | 5.10 (1) Although the names of the electors do not appear on the ballot and no |
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48 | 48 | | reference is made to them, a vote for the president and vice president named on the |
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49 | 49 | | ballot is a vote for the electors of the candidates for whom an elector's vote is cast. |
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50 | 50 | | Under chs. 5 to 12, all references to the presidential election, the casting of votes and |
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51 | 51 | | the canvassing of votes for president, or for president and vice president, mean votes |
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52 | 52 | | for them through their pledged presidential electors. If the agreement under s. 5.11 |
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53 | 53 | | governs the appointment of presidential electors, the votes for president, or for |
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54 | 54 | | president and vice president, cast and canvassed in this state shall determine the |
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55 | 55 | | presidential electors appointed in this state in the manner provided in s. 5.11. |
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56 | 56 | | SECTION 2. 5.10 (2) of the statutes is created to read: |
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57 | 57 | | 5.10 (2) No later than August 1 of each year in which a president is to be elected, |
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58 | 58 | | the commission shall determine whether the agreement under s. 5.11 governs the |
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59 | 59 | | appointment of presidential electors at that election in this state and shall promptly |
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60 | 60 | | publish a copy of its determination in the Wisconsin Administrative Register. |
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61 | 61 | | SECTION 3. 5.11 of the statutes is created to read: |
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62 | 62 | | 5.11 Interstate compact on election of president and vice president. |
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63 | 63 | | AGREEMENT AMONG THE STATES TO ELECT THE PRESIDENT BY |
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64 | 64 | | NATIONAL POPULAR VOTE |
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86 | 86 | | SECTION 3 |
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87 | 87 | | SENATE BILL 144 |
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88 | 88 | | (1) ARTICLE I — MEMBERSHIP. Any state of the United States and the District |
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89 | 89 | | of Columbia may become a member of this agreement by enacting this agreement. |
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90 | 90 | | (2) ARTICLE II — RIGHT OF THE PEOPLE IN MEMBER STATES TO VOTE FOR PRESIDENT |
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91 | 91 | | AND VICE PRESIDENT. Each member state shall conduct a statewide popular election |
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92 | 92 | | for president and vice president of the United States. |
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93 | 93 | | (3) ARTICLE III — MANNER OF APPOINTING PRESIDENTIAL ELECTORS IN MEMBER |
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94 | 94 | | STATES. (a) Prior to the time set by law for the meeting and voting by the presidential |
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95 | 95 | | electors, the chief election official of each member state shall determine the number |
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96 | 96 | | of votes for each presidential slate in each state of the United States and in the |
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97 | 97 | | District of Columbia in which votes have been cast in a statewide popular election |
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98 | 98 | | and shall add such votes together to produce a “national popular vote total" for each |
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99 | 99 | | presidential slate. |
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100 | 100 | | (b) The chief election official of each member state shall designate the |
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101 | 101 | | presidential slate with the largest national popular vote total as the “national |
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102 | 102 | | popular vote winner." |
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103 | 103 | | (c) The presidential elector certifying official of each member state shall certify |
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104 | 104 | | the appointment in that official's own state of the elector slate nominated in that |
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105 | 105 | | state in association with the national popular vote winner. |
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106 | 106 | | (d) At least 6 days before the day fixed by law for the meeting and voting by the |
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107 | 107 | | presidential electors, each member state shall make a final determination of the |
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108 | 108 | | number of popular votes cast in the state for each presidential slate and shall |
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109 | 109 | | communicate an official statement of such determination within 24 hours to the chief |
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110 | 110 | | election official of each other member state. |
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111 | 111 | | (e) The chief election official of each member state shall treat as conclusive an |
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112 | 112 | | official statement communicated under par. (d) of the number of popular votes cast |
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139 | 139 | | SECTION 3 SENATE BILL 144 |
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140 | 140 | | in a state for each presidential slate made by the day established by federal law for |
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141 | 141 | | making a state's final determination conclusive as to the counting of electoral votes |
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142 | 142 | | by Congress. |
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143 | 143 | | (f) In the event of a tie for the national popular vote winner, the presidential |
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144 | 144 | | elector certifying official of each member state shall certify the appointment of the |
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145 | 145 | | elector slate nominated in association with the presidential slate receiving the |
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146 | 146 | | largest number of popular votes within that official's own state. |
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147 | 147 | | (g) If, for any reason, the number of presidential electors nominated in a |
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148 | 148 | | member state in association with the national popular vote winner is less than or |
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149 | 149 | | greater than that state's number of electoral votes, the presidential candidate on the |
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150 | 150 | | presidential slate that has been designated as the national popular vote winner shall |
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151 | 151 | | have the power to nominate the presidential electors for that state and that state's |
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152 | 152 | | presidential elector certifying official shall certify the appointment of such nominees. |
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153 | 153 | | (gm) The chief election official of each member state shall immediately release |
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154 | 154 | | to the public all vote counts or statements of votes pertaining to a presidential |
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155 | 155 | | election governed by this agreement as they are determined or obtained. |
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156 | 156 | | (h) This subsection shall govern the appointment of presidential electors in |
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157 | 157 | | each member state in any year in which this agreement is, on July 20, in effect in |
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158 | 158 | | states cumulatively possessing a majority of the electoral votes. |
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159 | 159 | | (4) ARTICLE IV — OTHER PROVISIONS. (a) This agreement shall take effect when |
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160 | 160 | | states cumulatively possessing a majority of the electoral votes have enacted this |
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161 | 161 | | agreement in substantially the same form, and the enactments by such states have |
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162 | 162 | | taken effect in each state. |
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163 | 163 | | (b) Any member state may withdraw from this agreement, except that a |
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164 | 164 | | withdrawal occurring 6 months or less before the end of a president's term shall not |
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192 | 192 | | SECTION 3 |
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193 | 193 | | SENATE BILL 144 |
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194 | 194 | | become effective until a president or vice president shall have been qualified to serve |
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195 | 195 | | the next term. |
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196 | 196 | | (c) The chief executive of each member state shall promptly notify the chief |
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197 | 197 | | executive of all other states when this agreement has been enacted and has taken |
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198 | 198 | | effect in that official's state, when the state has withdrawn from this agreement, and |
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199 | 199 | | when this agreement takes effect generally. |
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200 | 200 | | (d) This agreement shall terminate if the electoral college is abolished. |
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201 | 201 | | (e) If any provision of this agreement is held invalid, the remaining provisions |
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202 | 202 | | shall not be affected. |
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203 | 203 | | (5) ARTICLE V — DEFINITIONS. For purposes of this agreement: |
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204 | 204 | | (a) “Chief election official" means the state official or body that is authorized |
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205 | 205 | | to certify the total number of popular votes for each presidential slate. |
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206 | 206 | | (b) “Chief executive" means the governor of a state of the United States or the |
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207 | 207 | | mayor of the District of Columbia. |
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208 | 208 | | (c) “Elector slate" means a slate of candidates who have been nominated in a |
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209 | 209 | | state for the position of presidential elector in association with a presidential slate. |
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210 | 210 | | (d) “Presidential elector" means an elector for president and vice president of |
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211 | 211 | | the United States. |
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212 | 212 | | (e) “Presidential elector certifying official" means the state official or body that |
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213 | 213 | | is authorized to certify the appointment of the state's presidential electors. |
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214 | 214 | | (f) “Presidential slate" means a slate of 2 persons, the first of whom has been |
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215 | 215 | | nominated as a candidate for president of the United States and the 2nd of whom has |
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216 | 216 | | been nominated as a candidate for vice president of the United States, or any legal |
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217 | 217 | | successors to such persons, regardless of whether both names appear on the ballot |
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218 | 218 | | presented to the voter in a particular state. |
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245 | 245 | | SECTION 3 SENATE BILL 144 |
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246 | 246 | | (g) “State" means a state of the United States and the District of Columbia. |
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247 | 247 | | (h) “Statewide popular election" means a general election in which votes are |
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248 | 248 | | cast for presidential slates by individual voters and counted on a statewide basis. |
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249 | 249 | | SECTION 4. 5.12 of the statutes is created to read: |
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250 | 250 | | 5.12 Governor to notify reference bureau when agreement is in effect. |
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251 | 251 | | Whenever the governor notifies the chief executives of the other states under s. 5.11 |
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252 | 252 | | (4) (c), the governor shall concurrently notify the legislative reference bureau. |
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253 | 253 | | SECTION 5. 7.70 (5) (b) of the statutes is amended to read: |
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254 | 254 | | 7.70 (5) (b) For presidential electors, the commission shall prepare a certificate |
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255 | 255 | | showing the determination of the results of the canvass and the names of the persons |
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256 | 256 | | elected as presidential electors or, if the compact under s. 5.11 governs the |
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257 | 257 | | appointment of presidential electors, the names of the persons who are certified as |
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258 | 258 | | this state's presidential electors in accordance with s. 5.11, and the governor shall |
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259 | 259 | | sign, affix the great seal of the state, and transmit the certificate by registered mail |
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260 | 260 | | to the U.S. administrator of general services. The governor shall also prepare 6 |
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261 | 261 | | duplicate originals of such certificate and deliver them to one of the presidential |
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262 | 262 | | electors on or before the first Monday after the 2nd Wednesday in December. |
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263 | 263 | | SECTION 6. 7.75 (2) of the statutes is amended to read: |
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264 | 264 | | 7.75 (2) The Except as provided in this subsection, the presidential electors, |
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265 | 265 | | when convened, shall vote by ballot for that person for president and that person for |
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266 | 266 | | vice president who are, respectively, the candidates of the political party which |
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267 | 267 | | nominated them under s. 8.18, the candidates whose names appeared on the |
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268 | 268 | | nomination papers filed under s. 8.20, or the candidate or candidates who filed their |
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269 | 269 | | names under s. 8.185 (2), except that at least one of the persons for whom the electors |
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270 | 270 | | vote may not be an inhabitant of this state. A presidential elector is not required to |
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298 | 298 | | SECTION 6 |
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299 | 299 | | SENATE BILL 144 |
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300 | 300 | | vote for a candidate who is deceased at the time of the meeting. If the compact under |
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301 | 301 | | s. 5.11 governs the appointment of presidential electors, the presidential electors |
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302 | 302 | | shall vote for the persons for president and vice president who together make up the |
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303 | 303 | | slate in association with which the presidential electors were nominated, as that |
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304 | 304 | | concept is described under s. 5.11. |
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305 | 305 | | SECTION 7.0Effective dates. This act takes effect on the day after publication, |
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306 | 306 | | except as follows: |
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307 | 307 | | (1) The treatment of ss. 7.70 (5) (b) and 7.75 (2), the renumbering and |
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308 | 308 | | amendment of s. 5.10, and the creation of s. 5.10 (2) take effect upon notification by |
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309 | 309 | | the governor to the legislative reference bureau that the agreement ratified by this |
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310 | 310 | | state under s. 5.11 is in effect. |
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311 | 311 | | (END) |
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