September 5, 2018, Introduced by Senators HILDENBRAND, GREEN, HORN, BOOHER, HANSEN, JONES, STAMAS, SHIRKEY, MACGREGOR, PAVLOV, ANANICH, KOWALL, BIEDA, HERTEL, BRANDENBURG, MARLEAU, SCHMIDT, KNEZEK, CONYERS, WARREN, HOOD, HOPGOOD, GREGORY, YOUNG and EMMONS and referred to the Committee on Elections and Government Reform.
A bill to enter into the interstate compact to elect the
president by national popular vote; and for related purposes.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. This act shall be known and may be cited as the
"interstate compact to elect the president by national popular
vote".
Sec. 3. The interstate compact to elect the president by
national popular vote is enacted into law and entered into with all
jurisdictions legally joining in the compact, in the form
substantially as follows:
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
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.
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."
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.
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.
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.
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.
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.
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.
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
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.
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.
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.
This agreement shall terminate if the electoral college is
abolished.
If any provision of this agreement is held invalid, the
remaining provisions shall not be affected.
ARTICLE V - DEFINITIONS
For purposes of this agreement,
"chief executive" shall mean the Governor of a State of the
United States or the Mayor of the District of Columbia;
"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;
"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;
"presidential elector" shall mean an elector for President and
Vice President of the United States;
"presidential elector certifying official" shall mean the
state official or body that is authorized to certify the
appointment of the state's presidential electors;
"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;
"state" shall mean a State of the United States and the
District of Columbia; and
"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.
Enacting section 1. This act takes effect 90 days after the
date it is enacted into law.