Popular vote compact.

WORKING DRAFT
2011
STATE OF
WYOMING
11LSO-0592

HOUSE BILL
NO.
HB0257

Popular vote compact.

Sponsored by:
Representative(s) Throne and Zwonitzer, Dn.

A BILL

for

AN ACT relating to authorizing the governor to enter into the interstate compact for the election of the president of the United States by national popular vote; requiring each member state to conduct a statewide popular election for president and vice president; providing procedures for presidential electors; providing definitions; and providing for an effective date.

Be It Enacted by the Legislature of the State of
Wyoming
:

Section 1.

W.S. 22
‑
30
‑
101 through 22
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30
‑
103 are created to read:

CHAPTER 30
COMPACT FOR THE ELECTION OF THE PRESIDENT OF THE UNITED STATES BY NATIONAL POPULAR VOTE

22
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30
‑
101.

Short title.

This chapter shall be known and may be cited as the "Interstate Compact For The Election Of The President Of The United States By National Popular Vote
.
"

22
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30
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102.

Execution of compact.

The legislature hereby approves and the governor is authorized to enter into an interstate compact on behalf of this state with any other state or states legally joining therein in the form substantially as follows:

ARTICLE 1
Membership

Any state of the
United States
and the
District of Columbia
may become a member of the compact by enacting the compact.

ARTICLE 2
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 3
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 (6) 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 twenty-four (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.

(j)

This article shall govern the appointment of presidential electors in each member state in any year in which this compact is, on July 20, in effect in states cumulatively possessing a majority of the electoral votes.

ARTICLE 4
Other Provisions

(a)

This compact shall take effect when states cumulatively possessing a majority of the electoral votes have enacted this compact 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 compact, except that a withdrawal occurring six (6) 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.

(c)

The chief executive of each member state shall promptly notify the chief executive of all other states of when this compact has been enacted and has taken effect in that official's state, when the state has withdrawn from this compact, and when this compact takes effect generally.

(d)

This compact shall terminate if the electoral college is abolished.

(e)

If any provision of this compact is held invalid, the remaining provisions shall not be affected.

ARTICLE 5
Definitions

(a)

For purposes of this compact:

(i)

"Chief executive" means the governor of a state of the
United States
or the mayor of the
District of Columbia
;

(ii)

"Elector slate" means a slate of candidates who have been nominated in a state for the position of presidential elector in association with a presidential slate;

(iii)

"Chief election official" means the state official or body that is authorized to certify the total number of popular votes for each presidential slate;

(iv)

"Presidential elector" means an elector for president and vice president of the
United States
;

(v)

"Presidential elector certifying official" means the state official or body that is authorized to certify the appointment of the state's presidential electors;

(vi)

"Presidential slate" means a slate of two (2) 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;

(vii)

"State" means a state of the
United States
and the
District of Columbia
;

(viii)

"Statewide popular election" means a general election in which votes are cast for presidential slates by individual voters and counted on a statewide basis.

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30
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103.

Conflicting provisions of law.

When the compact for the election of the president of the
United States
by national popular vote becomes effective as provided in article 4 of the compact, this chapter shall supersede any conflicting provisions of
Wyoming
law.

Section 2.

This act is effective July 1, 2011.

(END)

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HB0257