SENATE BILL NO. 126
March 02, 2023, Introduced by Senators CHANG, IRWIN, MCMORROW, BAYER, GEISS,
SANTANA, SINGH, MCCANN, SHINK and CHERRY and referred to the Committee on
Elections and Ethics.
A bill to enter into the agreement among the states to elect
the President by national popular vote; and for related purposes.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 1. This act may be cited as the "agreement among the
2 states to elect the President by national popular vote".
3 Sec. 2. It is the public policy of this state that the one-
4 person, one-vote principle requires that the candidate who receives
5 the most votes nationwide should become President.
6 Sec. 3. The agreement among the states to elect the President
7 by national popular vote is enacted into law and entered into with
STM S00741'23
 2
1 all jurisdictions legally joining in the agreement, in the form
2 substantially as follows:
3 Agreement Among the States to Elect the President
4 by National Popular Vote
5 ARTICLE I – MEMBERSHIP
6 Any State of the United States and the District of Columbia
7 may become a member of this agreement by enacting this agreement.
8 ARTICLE II - RIGHT OF THE PEOPLE IN MEMBER STATES TO VOTE FOR
9 PRESIDENT AND VICE PRESIDENT
10 Each member state shall conduct a statewide popular election
11 for President and Vice President of the United States.
12 ARTICLE III - MANNER OF APPOINTING PRESIDENTIAL ELECTORS IN MEMBER
13 STATES
14 Prior to the time set by law for the meeting and voting by the
15 presidential electors, the chief election official of each member
16 state shall determine the number of votes for each presidential
17 slate in each State of the United States and in the District of
18 Columbia in which votes have been cast in a statewide popular
19 election and shall add such votes together to produce a "national
20 popular vote total" for each presidential slate.
21 The chief election official of each member state shall
22 designate the presidential slate with the largest national popular
23 vote total as the "national popular vote winner."
24 The presidential elector certifying official of each member
25 state shall certify the appointment in that official's own state of
26 the elector slate nominated in that state in association with the
27 national popular vote winner.
28 At least six days before the day fixed by law for the meeting
29 and voting by the presidential electors, each member state shall
STM S00741'23
 3
1 make a final determination of the number of popular votes cast in
2 the state for each presidential slate and shall communicate an
3 official statement of such determination within 24 hours to the
4 chief election official of each other member state.
5 The chief election official of each member state shall treat
6 as conclusive an official statement containing the number of
7 popular votes in a state for each presidential slate made by the
8 day established by federal law for making a state's final
9 determination conclusive as to the counting of electoral votes by
10 Congress.
11 In event of a tie for the national popular vote winner, the
12 presidential elector certifying official of each member state shall
13 certify the appointment of the elector slate nominated in
14 association with the presidential slate receiving the largest
15 number of popular votes within that official's own state.
16 If, for any reason, the number of presidential electors
17 nominated in a member state in association with the national
18 popular vote winner is less than or greater than that state's
19 number of electoral votes, the presidential candidate on the
20 presidential slate that has been designated as the national popular
21 vote winner shall have the power to nominate the presidential
22 electors for that state and that state's presidential elector
23 certifying official shall certify the appointment of such nominees.
24 The chief election official of each member state shall
25 immediately release to the public all vote counts or statements of
26 votes as they are determined or obtained.
27 This article shall govern the appointment of presidential
28 electors in each member state in any year in which this agreement
29 is, on July 20, in effect in states cumulatively possessing a
STM S00741'23
 4
1 majority of the electoral votes.
2 ARTICLE IV - OTHER PROVISIONS
3 This agreement shall take effect when states cumulatively
4 possessing a majority of the electoral votes have enacted this
5 agreement in substantially the same form and the enactments by such
6 states have taken effect in each state.
7 Any member state may withdraw from this agreement, except that
8 a withdrawal occurring six months or less before the end of a
9 President's term shall not become effective until a President or
10 Vice President shall have been qualified to serve the next term.
11 The chief executive of each member state shall promptly notify
12 the chief executive of all other states of when this agreement has
13 been enacted and has taken effect in that official's state, when
14 the state has withdrawn from this agreement, and when this
15 agreement takes effect generally.
16 This agreement shall terminate if the electoral college is
17 abolished.
18 If any provision of this agreement is held invalid, the
19 remaining provisions shall not be affected.
20 ARTICLE V - DEFINITIONS
21 For purposes of this agreement,
22 "chief executive" shall mean the Governor of a State of the
23 United States or the Mayor of the District of Columbia;
24 "elector slate" shall mean a slate of candidates who have been
25 nominated in a state for the position of presidential elector in
26 association with a presidential slate;
27 "chief election official" shall mean the state official or
28 body that is authorized to certify the total number of popular
29 votes for each presidential slate;
STM S00741'23
 5
1 "presidential elector" shall mean an elector for President and
2 Vice President of the United States;
3 "presidential elector certifying official" shall mean the
4 state official or body that is authorized to certify the
5 appointment of the state's presidential electors;
6 "presidential slate" shall mean a slate of two persons, the
7 first of whom has been nominated as a candidate for President of
8 the United States and the second of whom has been nominated as a
9 candidate for Vice President of the United States, or any legal
10 successors to such persons, regardless of whether both names appear
11 on the ballot presented to the voter in a particular state;
12 "state" shall mean a State of the United States and the
13 District of Columbia; and
14 "statewide popular election" shall mean a general election in
15 which votes are cast for presidential slates by individual voters
16 and counted on a statewide basis.
17 Sec. 4. When the agreement among the states to elect the
18 President by national popular vote governs the appointment of
19 presidential electors, the provisions of the agreement take
20 precedence over any conflicting law of this state.
21 Enacting section 1. This act takes effect 90 days after the
22 date it is enacted into law.
STM Final Page S00741'23