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A BILL TO BE ENTITLED
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AN ACT
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relating to the adoption of the Agreement Among the States to Elect |
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the President by National Popular Vote. |
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       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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       SECTION 1.  Title 11, Election Code, is amended by adding |
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Chapter 193 to read as follows: |
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CHAPTER 193. AGREEMENT AMONG THE STATES TO ELECT THE PRESIDENT BY |
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NATIONAL POPULAR VOTE |
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       Sec. 193.001.  EXECUTION OF INTERSTATE COMPACT. This state |
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enters into an agreement with all other states legally joining in |
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the agreement in substantially the following form: |
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AGREEMENT AMONG THE STATES TO ELECT THE PRESIDENT BY NATIONAL |
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POPULAR VOTE |
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ARTICLE I. MEMBERSHIP |
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       Any State of the United States and the District of Columbia |
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may become a member of this agreement by enacting this agreement. |
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ARTICLE II. RIGHT OF THE PEOPLE IN MEMBER STATES TO VOTE FOR |
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PRESIDENT AND VICE PRESIDENT |
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       Each member state shall conduct a statewide popular election |
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for President and Vice President of the United States. |
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ARTICLE III. MANNER OF APPOINTING PRESIDENTIAL ELECTORS IN MEMBER |
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STATES |
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       A.  Prior to the time set by law for the meeting and voting by |
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the presidential electors, the chief election official of each |
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member state shall determine the number of votes for each |
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presidential slate in each State of the United States and in the |
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District of Columbia in which votes have been cast in a statewide |
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popular election and shall add such votes together to produce a |
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"national popular vote total" for each presidential slate. |
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       B.  The chief election official of each member state shall |
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designate the presidential slate with the largest national popular |
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vote total as the "national popular vote winner." |
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       C.  The presidential elector certifying official of each |
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member state shall certify the appointment in that official's own |
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state of the elector slate nominated in that state in association |
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with the national popular vote winner. |
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       D.  At least six days before the day fixed by law for the |
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meeting and voting by the presidential electors, each member state |
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shall make a final determination of the number of popular votes cast |
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in the state for each presidential slate and shall communicate an |
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official statement of such determination within 24 hours to the |
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chief election official of each other member state. |
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       E.  The chief election official of each member state shall |
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treat as conclusive an official statement containing the number of |
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popular votes in a state for each presidential slate made by the day |
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established by federal law for making a state's final determination |
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conclusive as to the counting of electoral votes by Congress. |
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       F.  In event of a tie for the national popular vote winner, |
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the presidential elector certifying official of each member state |
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shall certify the appointment of the elector slate nominated in |
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association with the presidential slate receiving the largest |
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number of popular votes within that official's own state. |
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       G.  If, for any reason, the number of presidential electors |
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nominated in a member state in association with the national |
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popular vote winner is less than or greater than that state's number |
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of electoral votes, the presidential candidate on the presidential |
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slate that has been designated as the national popular vote winner |
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shall have the power to nominate the presidential electors for that |
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state and that state's presidential elector certifying official |
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shall certify the appointment of such nominees. |
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       H.  The chief election official of each member state shall |
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immediately release to the public all vote counts or statements of |
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votes as they are determined or obtained. |
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       I.  This article shall govern the appointment of |
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presidential electors in each member state in any year in which this |
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agreement is, on July 20, in effect in states cumulatively |
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possessing a majority of the electoral votes. |
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ARTICLE IV. OTHER PROVISIONS |
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       A.  This agreement shall take effect when states |
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cumulatively possessing a majority of the electoral votes have |
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enacted this agreement in substantially the same form and the |
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enactments by such states have taken effect in each state. |
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       B.  Any member state may withdraw from this agreement, except |
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that a withdrawal occurring six months or less before the end of a |
Statutes affected:
Introduced: ()