Agreement Among the States to Elect the President by National Popular Vote; create.

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To: Apportionment and
Elections
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Banks

HOUSE BILL NO. 861

AN ACT TO ENACT INTO LAW THE AGREEMENT AMONG THE STATES TO 1
ELECT THE PRESIDENT BY NATIONAL POPULAR VOTE AND PROVIDE THAT THE 2
STATE OF MISSISSIPPI ENTERS THE AGREEMENT WITH OTHER STATES THAT 3
JOIN IN THE AGREEMENT; TO BRING FORWARD SECTIONS 23-15-771, 4
23-15-781, 23-15-785, 23-15-787 AND 23-15-789, MISSISSIPPI CODE OF 5
1972, WHICH PROVIDE FOR THE SELECTION OF PRESIDENTIAL ELECTORS AT 6
GENERAL ELECTION, FOR THE PURPOSE OF POSSIBLE AMENDMENT; AND FOR 7
RELATED PURPOSES. 8
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 9
SECTION 1. The Agreement Among the States to Elect the 10
President by National Popular Vote is enacted into law and entered 11
into by this state with all other states legally joining in the 12
agreement in accordance with its terms, in substantially the 13
following form: 14
ARTICLE I 15
Membership. Any state of the United States and the District 16
of Columbia may become a member of this agreement by enacting this 17
agreement. 18
ARTICLE II 19
Right of the People in Member States to Vote for President 20
and Vice President. Each member state shall conduct a statewide 21
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popular election for President and Vice President of the United 22
States. 23
ARTICLE III 24
Manner of Appointing Presidential Electors in Member States. 25
1. Prior to the time set by law for the meeting and voting 26
by the presidential electors, the chief election official of each 27
member state shall determine the number of votes for each 28
presidential slate in each state of the United States and in the 29
District of Columbia in which votes have been cast in a statewide 30
popular election and shall add such votes together to produce a 31
"national popular vote total" for each presidential slate. 32
2. The chief election official of each member state shall 33
designate the presidential slate with the largest national popular 34
vote total as the "national popular vote winner." 35
3. The presidential elector certifying official of each 36
member state shall certify the appointment in that official's own 37
state of the elector slate nominated in that state in association 38
with the national popular vote winner. 39
4. At least six (6) days before the day fixed by law for the 40
meeting and voting by the presidential electors, each member state 41
shall make a final determination of the number of popular votes 42
cast in the state for each presidential slate and shall 43
communicate an official statement of such determination within 44
twenty-four (24) hours to the chief election official of each 45
other member state. 46
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5. The chief election official of each member state shall 47
treat as conclusive an official statement containing the number of 48
popular votes in a state for each presidential slate made by the 49
date established by federal law for making a state's final 50
determination conclusive as to the counting of electoral votes by 51
Congress. 52
6. In the event of a tie for the national popular vote 53
winner, the presidential elector certifying official of each 54
member state shall certify the appointment of the elector slate 55
nominated in association with the presidential slate receiving the 56
largest number of popular votes within that official's own state. 57
7. If, for any reason, the number of presidential electors 58
nominated in a member state in association with the national 59
popular vote winner is less than or greater than that state's 60
number of electoral votes, the presidential candidate on the 61
presidential slate that has been designated as the national 62
popular vote winner shall have the power to nominate the 63
presidential electors for that state and that state's presidential 64
elector certifying official shall certify the appointment of such 65
nominees. 66
8. The chief election official of each member state shall 67
immediately release to the public all vote counts or statements of 68
votes as they are determined or obtained. 69
9. This article shall govern the appointment of presidential 70
electors in each member state in any year in which this agreement 71
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is, on July twentieth, in effect in states cumulatively possessing 72
a majority of the electoral votes. 73
ARTICLE IV 74
Other Provision. This agreement shall take effect when 75
states cumulatively possessing a majority of the electoral votes 76
have enacted this agreement in substantially the same form and the 77
enactments by such states have taken effect in each state. Any 78
member state may withdraw from this agreement, except that a 79
withdrawal occurring six (6) months or less before the end of a 80
president's term shall not become effective until a president or 81
vice president shall have been qualified to serve the next term. 82
The chief executive of each member state shall promptly notify the 83
chief executive of all other states of when this agreement has 84
been enacted and has taken effect in that official's state, when 85
the state has withdrawn from this agreement, and when this 86
agreement takes effect generally. 87
This agreement shall terminate if the electoral college is 88
abolished. 89
If any provision of this agreement is held invalid, the 90
remaining provisions shall not be affected. 91
ARTICLE V 92
Definitions. For purposes of this agreement: 93
1. "Chief executive" shall mean the governor of a state of 94
the United States or the mayor of the District of Columbia. 95
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2. "Elector slate" shall mean a slate of candidates who have 96
been nominated in a state for the position of presidential elector 97
in association with a presidential slate. 98
3. "Chief election official" shall mean the state official 99
or body that is authorized to certify the total number of popular 100
votes for each presidential slate. 101
4. "Presidential elector" shall mean an elector for 102
President and Vice President of the United States. 103
5. "Presidential elector certifying official" shall mean the 104
state official or body that is authorized to certify the 105
appointment of the state's presidential electors. 106
6. "Presidential slate" shall mean a slate of two (2) 107
persons, the first of whom has been nominated as a candidate for 108
President of the United States and the second of whom has been 109
nominated as a candidate for Vice President of the United States, 110
or any legal successors to such persons, regardless of whether 111
both names appear on the ballot presented to the voter in a 112
particular state. 113
7. "State" shall mean a state of the United States and the 114
District of Columbia. 115
8. "Statewide popular election" shall mean a general 116
election in which votes are cast for presidential slates by 117
individual voters and counted on a statewide basis. 118
SECTION 2. Section 23-15-771, Mississippi Code of 1972, is 119
brought forward as follows: 120
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23-15-771. At the state convention, a slate of electors 121
composed of the number of electors allotted to this state, which 122
said electors announce a clearly expressed design and purpose to 123
support the candidates for President and Vice President of the 124
national political party with which the said party of this state 125
has had an affiliation and identity of purpose heretofore, shall 126
be designated and selected for a place upon the primary election 127
ballot to be held as herein provided. 128
SECTION 3. Section 23-15-781, Mississippi Code of 1972, is 129
brought forward as follows: 130
23-15-781. The number of electors of President and Vice 131
President of the United States to which this state may be 132
entitled, shall be chosen by the qualified electors of the state 133
at large, on the first Tuesday after the first Monday of November 134
in the year in which an election of President and Vice President 135
shall occur. 136
SECTION 4. Section 23-15-785, Mississippi Code of 1972, is 137
brought forward as follows: 138
23-15-785. (1) When presidential electors are to be chosen, 139
the Secretary of State of Mississippi shall certify to the circuit 140
clerks of the several counties the names of all candidates for 141
President and Vice President who are nominated by any national 142
convention or other like assembly of any political party or by 143
written petition signed by at least one thousand (1,000) qualified 144
voters of this state. 145
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(2) The certificate of nomination by a political party 146
convention must be signed by the presiding officer and secretary 147
of the convention and by the chairman of the state executive 148
committee of the political party making the nomination. Any 149
nominating petition, to be valid, must contain the signatures as 150
well as the addresses of the petitioners. The certificates and 151
petitions must be filed with the State Board of Election 152
Commissioners by filing them in the Office of the Secretary of 153
State by 5:00 p.m. not less than seventy-five (75) days previous 154
to the day of the election. 155
(3) Each certificate of nomination and nominating petition 156
must be accompanied by a list of the names and addresses of 157
persons, who shall be qualified voters of this state, equal in 158
number to the number of presidential electors to be chosen. Each 159
person so listed shall execute the following statement which shall 160
be attached to the certificate or petition when it is filed with 161
the State Board of Election Commissioners: "I do hereby consent 162
and do hereby agree to serve as elector for President and Vice 163
President of the United States, if elected to that position, and 164
do hereby agree that, if so elected, I shall cast my ballot as 165
such for ______ for President and _______ for Vice President of 166
the United States" (inserting in said blank spaces the respective 167
names of the persons named as nominees for said respective offices 168
in the certificate to which this statement is attached). 169
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(4) The State Board of Election Commissioners and any other 170
official charged with the preparation of official ballots shall 171
place on such official ballots the words "PRESIDENTIAL ELECTORS 172
FOR (here insert the name of the candidate for President, the word 173
'AND' and the name of the candidate for Vice President)" in lieu 174
of placing the names of such presidential electors on the official 175
ballots, and a vote cast therefor shall be counted and shall be in 176
all respects effective as a vote for each of the presidential 177
electors representing those candidates for President and Vice 178
President of the United States. In the case of unpledged 179
electors, the State Board of Election Commissioners and any other 180
official charged with the preparation of official ballots shall 181
place on such official ballots the words "UNPLEDGED ELECTOR(S) 182
(here insert the name(s) of individual unpledged elector(s) if 183
placed upon the ballot based upon a petition granted in the manner 184
provided by law stating the individual name(s) of the elector(s) 185
rather than a slate of electors)." 186
SECTION 5. Section 23-15-787, Mississippi Code of 1972, is 187
brought forward as follows: 188
23-15-787. The Secretary of State shall, immediately after 189
ascertaining the result, transmit by mail a notice, in writing, to 190
the persons elected. 191
SECTION 6. Section 23-15-789, Mississippi Code of 1972, is 192
brought forward as follows: 193
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ST: Agreement Among the States to Elect the
President by National Popular Vote; create.
23-15-789. The electors chosen shall meet at the seat of 194
government of the state on the first Monday after the second 195
Wednesday in December next following their election, and shall 196
there give their votes for President and Vice President of the 197
United States, and shall make return thereof agreeably to the laws 198
of the United States; and should any elector so chosen fail to 199
attend and give his vote, the other electors attending shall 200
appoint some person or persons to fill the vacancy or vacancies, 201
who shall attend and vote as electors; and such appointment shall 202
be forthwith reported to the Secretary of State. 203
SECTION 7. This act shall take effect and be in force from 204
and after July 1, 2026. 205