88R208 BRG-F
 
  By: Johnson S.B. No. 95

Statutes affected:
Introduced: ()

 
 
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