txt

HB 348: "An Act ratifying an interstate compact to elect the President and Vice-President of the United States by national popular vote; and making related changes to statutes applicable to the selection by voters of electors for candidates for President and Vice-President of the United States and to the duties of those electors."

00                             HOUSE BILL NO. 348                                                                          
01 "An Act ratifying an interstate compact to elect the President and Vice-President of the                                
02 United States by national popular vote; and making related changes to statutes                                          
03 applicable to the selection by voters of electors for candidates for President and Vice-                                
04 President of the United States and to the duties of those electors."                                                    
05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
06    * Section 1. AS 15.30.060 is amended to read:                                                                      
07            Sec. 15.30.060. Notification of electors. Except as provided in (b) of this                              
08       section, when [WHEN] the results of the election of presidential electors have been                           
09       determined, the director shall send a certificate of election to each elector and shall                           
10       notify the electors of the time and place of their meeting and of their duties as electors.                       
11    * Sec. 2. AS 15.30.060 is amended by adding a new subsection to read:                                              
12            (b)  Whenever the provisions of art. III of the Agreement Among the States to                                
13       Elect the President by National Popular Vote as set out in AS 15.30.104 relating to                               
14       certification of the appointment of the elector slate nominated in that state in                                  
01       association with the national popular vote winner of a presidential election apply to                             
02       determine the election of presidential electors, this subsection applies and the                                  
03       provisions of (a) of this section do not apply. If this subsection applies,                                       
04       notwithstanding AS 15.15.450, mandating that the director provide a certificate of                                
05       election to the candidate receiving the largest number of votes, the director shall send                          
06       a certificate of election to each elector determined under AS 15.30.104 and shall notify                          
07       the electors of the time and place of their meeting and their duties as electors.                                 
08    * Sec. 3. AS 15.30.090 is amended to read:                                                                         
09            Sec. 15.30.090. Duties of electors. Except as provided in (b) of this section,                         
10       after [AFTER] any vacancies have been filled, the electors shall proceed to cast their                        
11       votes for the candidates for the offices [OFFICE] of President and Vice-President of                          
12       the party that selected them as candidates for electors, or for the candidates for the                            
13       offices [OFFICE] of President and Vice-President under AS 15.30.026 if the electors                           
14       were named under AS 15.30.026, and shall perform the duties of electors as required                               
15       by the constitution and laws of the United States. The director shall provide                                     
16       administrative services and the Department of Law shall provide legal services                                    
17       necessary for the electors to perform their duties.                                                               
18    * Sec. 4. AS 15.30.090 is amended by adding a new subsection to read:                                              
19            (b)  Whenever the provisions of art. III of the Agreement Among the States to                                
20       Elect the President by National Popular Vote as set out in AS 15.30.104 relating to                               
21       certification of the appointment of the elector slate nominated in that state in                                  
22       association with the national popular vote winner of a presidential election apply and                            
23       determine the election of presidential electors, this subsection applies and the                                  
24       provisions of (a) of this section do not apply. If this subsection applies, after any                             
25       vacancies have been filled, the electors shall proceed to cast their votes for the                                
26       candidates for the offices of President and Vice-President of the party as provided in                            
27       AS 15.30.104, and shall perform the duties of electors as required by the constitution                            
28       and laws of the United States. The director shall provide administrative services and                             
29       the Department of Law shall provide legal services necessary for the electors to                                  
30       perform their duties.                                                                                             
31    * Sec. 5. AS 15.30 is amended by adding new sections to read:                                                      
01          Article 1A. Agreement Among the States to Elect the President by                                             
02                            National Popular Vote.                                                                     
03            Sec. 15.30.104. Agreement Among the States to Elect the President by                                       
04       National Popular Vote. The Agreement Among the States to Elect the President by                                 
05       National Popular Vote contained in this section is enacted into law and entered into on                           
06       behalf of the State of Alaska with other states joining in it in a form substantially as set                      
07       out in this section.                                                                                              
08                          ARTICLE I. MEMBERSHIP                                                                          
09            Any state of the United States and the District of Columbia may become a                                     
10       member of this agreement by enacting this agreement.                                                              
11         ARTICLE II. RIGHT OF THE PEOPLE IN MEMBER STATES TO VOTE FOR                                                    
12                    PRESIDENT AND VICE-PRESIDENT                                                                         
13            Each member state shall conduct a statewide popular election for President and                               
14       Vice-President of the United States.                                                                              
15          ARTICLE III. MANNER OF APPOINTING PRESIDENTIAL ELECTORS IN                                                     
16                           MEMBER STATES                                                                                 
17            Before the time set by law for the meeting and voting by the presidential                                    
18       electors, the chief election official of each member state shall determine the number of                          
19       votes for each presidential slate in each state of the United States and in the District of                       
20       Columbia in which votes have been cast in a statewide popular election and shall add                              
21       those votes together to produce a "national popular vote total" for each presidential                             
22       slate.                                                                                                            
23            The chief election official of each member state shall designate the presidential                            
24       slate with the largest national popular vote total as the "national popular vote winner."                         
25            The presidential elector certifying official of each member state shall certify                              
26       the appointment in that official's own state of the elector slate nominated in that state                         
27       in association with the national popular vote winner.                                                             
28            At least six days before the day fixed by law for the meeting and voting by the                              
29       presidential electors, each member state shall make a final determination of the                                  
30       number of popular votes cast in the state for each presidential slate and shall                                   
31       communicate an official statement of that determination within 24 hours to the chief                              
01       election official of each other member state.                                                                     
02            The chief election official of each member state shall treat as conclusive an                                
03       official statement containing the number of popular votes in a state for each                                     
04       presidential slate by the day established by federal law for making a state's final                               
05       determination conclusive as to the counting of electoral votes by Congress.                                       
06            In event of a tie for the national popular vote winner, the presidential elector                             
07       certifying official of each member state shall certify the appointment of the elector                             
08       slate nominated in association with the presidential slate receiving the largest number                           
09       of popular votes within that official's own state.                                                                
10            If, for any reason, the number of presidential electors nominated in a member                                
11       state in association with the national popular vote winner is less than or greater than                           
12       that state's number of electoral votes, the presidential candidate on the presidential                            
13       slate that has been designated as the national popular vote winner shall have the power                           
14       to nominate the presidential electors for that state and that state's presidential elector                        
15       certifying official shall certify the appointment of such nominees.                                               
16            The chief election official of each member state shall immediately release to                                
17       the public all vote counts or statements of votes as they are determined or obtained.                             
18            This article shall govern the appointment of presidential electors in each                                   
19       member state in any year in which this agreement is, on July 20, in effect in states                              
20       cumulatively possessing a majority of the electoral votes.                                                        
21                          ARTICLE IV. OTHER PROVISIONS                                                                   
22            This agreement takes effect when states cumulatively possessing a majority of                                
23       the electoral votes have enacted this agreement in substantially the same form and the                            
24       enactments by those states have taken effect in each state.                                                       
25            Any member state may withdraw from this agreement, except that a                                             
26       withdrawal occurring six months or less before the end of a President's term shall not                            
27       become effective until a President or Vice-President shall have been qualified to serve                           
28       the next term.                                                                                                    
29            The chief executive of each member state shall promptly notify the chief                                     
30       executive of all other states of when this agreement has been enacted and has taken                               
31       effect in that official's state, when the state has withdrawn from this agreement, and                            
01       when this agreement takes effect generally.                                                                       
02            This agreement shall terminate if the electoral college is abolished.                                        
03            If any provision of this agreement is held invalid, the remaining provisions                                 
04       shall not be affected.                                                                                            
05                          ARTICLE V. DEFINITIONS                                                                         
06                      (A)  "Chief election official" means the state official or body                                    
07            authorized to certify the total number of popular votes for each presidential                                
08            slate.                                                                                                       
09                      (B)  "Chief executive" means the Governor of a State of the                                        
10            United States or the Mayor of the District of Columbia.                                                      
11                      (C)  "Elector slate" means a slate of candidates who have been                                     
12            nominated in a state for the position of presidential elector in association with a                          
13            presidential slate.                                                                                          
14                      (D)  "Presidential elector" means an elector for President and                                     
15            Vice-President of the United States.                                                                         
16                      (E)  "Presidential elector certifying official" means the state                                    
17            official or body that is authorized to certify the appointment of the state's                                
18            presidential electors.                                                                                       
19                      (F)  "Presidential slate" means a slate of two persons, the first of                               
20            whom has been nominated as a candidate for President of the United States and                                
21            the second of whom has been nominated as a candidate for Vice-President of                                   
22            the United States, or any legal successors to those persons, regardless of                                   
23            whether both names appear on the ballot presented to the voters in a particular                              
24            state.                                                                                                       
25                      (G)  "State" means a state of the United States and the District                                   
26            of Columbia.                                                                                                 
27                      (H)  "Statewide popular election" means a general election in                                      
28            which votes are cast for presidential slates by individual voters and counted on                             
29            a statewide basis.                                                                                           
30            Sec. 15.30.106. Implementation of agreement. In AS 15.30.104, "chief                                       
31       election official" means the director of the division or other person appointed under                             
01       this title to serve as the chief election official of the state.