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Florida Senate
-
2026
SB 232
By
Senator Smith
17-00265-26 2026232__
1 A bill to be entitled
2 An act relating to the Agreement Among the States to
3 Elect the President by National Popular Vote;
4 providing for enactment of the agreement; providing a
5 method by which a state may become a member state;
6 requiring a statewide popular election for President
7 and Vice President of the United States; establishing
8 a procedure for appointing presidential electors in
9 member states; providing that the agreement becomes
10 effective upon the occurrence of specified actions;
11 providing for the withdrawal of a member state;
12 requiring notification of member states when the
13 agreement takes effect in a nonmember state or when a
14 member state withdraws from the agreement; providing
15 severability; providing definitions; providing an
16 effective date.
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18 Be It Enacted by the Legislature of the State of Florida:
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20 Section 1.
The Agreement Among the States to Elect the
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President by National Popular Vote.—The Agreement Among the
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States to Elect the President by National Popular Vote is hereby
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enacted into law and entered into by this state with all states
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legally joining therein in the form substantially as follows:
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Article I
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Membership.—Any state of the United States and the District
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of Columbia may become a member of this agreement by enacting
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this agreement.
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Article II
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Right of the people in member states to vote for President
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and Vice President.—Each member state shall conduct a statewide
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popular election for President and Vice President of the United
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States.
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Article III
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Manner of appointing presidential electors in member
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states.—Prior to the time set by law for the meeting and voting
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by the presidential electors, the chief election official of
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each 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
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statewide popular election and shall add such votes together to
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produce a “national popular vote total” for each presidential
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slate.
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The chief election official of each member state shall
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designate the presidential slate with the largest national
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popular vote total as the “national popular vote winner.”
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The presidential elector certifying official of each member
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state shall certify the appointment in that official’s own state
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of the elector slate nominated in that state in association with
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the national popular vote winner.
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At least 6 days before the day fixed by law for the meeting
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and voting by the presidential electors, each member state shall
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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
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an official statement of such determination within 24 hours to
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the chief election official of each other member state.
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The chief election official of each member state shall
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treat as conclusive an official statement containing the number
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of popular votes in a state for each presidential slate made by
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the day established by federal law for making a state’s final
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determination conclusive as to the counting of electoral votes
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by Congress.
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In event of a tie for the national popular vote winner, the
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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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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
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number of electoral votes, the presidential candidate on the
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presidential slate that has been designated as the national
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popular vote winner shall have the power to nominate the
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presidential electors for that state, and that state’s
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presidential elector certifying official shall certify the
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appointment of such nominees.
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The chief election official of each member state shall
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immediately release to the public all vote counts or statements
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of votes as they are determined or obtained.
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This article shall govern the appointment of presidential
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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
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Other provisions.—This agreement shall take effect when
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states cumulatively possessing a majority of the electoral votes
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have enacted this agreement in substantially the same form and
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the enactments by such states have taken effect in each state.
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Any member state may withdraw from this agreement, except
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that a withdrawal occurring 6 months or less before the end of a
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President’s term shall not become effective until a President or
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Vice President shall have been qualified to serve the next term.
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The chief executive of each member state shall promptly
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notify the chief executive of all other states of when this
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agreement has been enacted and has taken effect in that
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official’s state, when the state has withdrawn from this
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agreement, and when this agreement takes effect generally.
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This agreement shall terminate if the electoral college is
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abolished.
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If any provision of this agreement is held invalid, the
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remaining provisions shall not be affected.
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Article V
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Definitions.—For purposes of this agreement,
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“Chief election official” shall mean the state official or
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body that is authorized to certify the total number of popular
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votes for each presidential slate;
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“Chief executive” shall mean the Governor of a state of the
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United States or the Mayor of the District of Columbia;
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“Elector slate” shall mean a slate of candidates who have
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been nominated in a state for the position of presidential
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elector in association with a presidential slate;
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“Presidential elector” shall mean an elector for President
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and Vice President of the United States;
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“Presidential elector certifying official” shall mean the
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state official or body that is authorized to certify the
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appointment of the state’s presidential electors;
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“Presidential slate” shall mean a slate of two persons, the
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first of whom has been nominated as a candidate for President of
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the United States and the second of whom has been nominated as a
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candidate for Vice President of the United States, or any legal
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successors to such persons, regardless of whether both names
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appear on the ballot presented to the voter in a particular
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state;
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“State” shall mean a state of the United States and the
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District of Columbia; and
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“Statewide popular election” shall mean a general election
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in which votes are cast for presidential slates by individual
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voters and counted on a statewide basis.
134 Section 2. This act shall take effect July 1, 2026.