SB 39: "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 SENATE BILL NO. 39 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 is amended by adding new sections to read: 07 Article 1A. Agreement Among the States to Elect the President by National Popular 08 Vote. 09 Sec. 15.30.095. Agreement Among the States to Elect the President by 10 National Popular Vote. The Agreement Among the States to Elect the President by 11 National Popular Vote contained in this section is enacted into law and entered into on 12 behalf of the State of Alaska with other states joining in it in a form substantially as set 13 out in this section. 14 ARTICLE I. MEMBERSHIP
01 Any state of the United States and the District of Columbia may become a 02 member of this agreement by enacting this agreement. 03 ARTICLE II. RIGHT OF THE PEOPLE IN MEMBER STATES TO VOTE FOR 04 PRESIDENT AND VICE-PRESIDENT 05 Each member state shall conduct a statewide popular election for President and 06 Vice-President of the United States. 07 ARTICLE III. MANNER OF APPOINTING PRESIDENTIAL ELECTORS IN MEMBER 08 STATES 09 Before the time set by law for the meeting and voting by the presidential 10 electors, the chief election official of each member state shall determine the number of 11 votes for each presidential slate in each state of the United States and in the District of 12 Columbia in which votes have been cast in a statewide popular election and shall add 13 those votes together to produce a "national popular vote total" for each presidential 14 slate. 15 The chief election official of each member state shall designate the presidential 16 slate with the largest national popular vote total as the "national popular vote winner." 17 The presidential elector certifying official of each member state shall certify 18 the appointment in that official's own state of the elector slate nominated in that state 19 in association with the national popular vote winner. 20 At least six days before the day fixed by law for the meeting and voting by the 21 presidential electors, each member state shall make a final determination of the 22 number of popular votes cast in the state for each presidential slate and shall 23 communicate an official statement of that determination within 24 hours to the chief 24 election official of each other member state. 25 The chief election official of each member state shall treat as conclusive an 26 official statement containing the number of popular votes in a state for each 27 presidential slate by the day established by federal law for making a state's final 28 determination conclusive as to the counting of electoral votes by Congress. 29 In event of a tie for the national popular vote winner, the presidential elector 30 certifying official of each member state shall certify the appointment of the elector 31 slate nominated in association with the presidential slate receiving the largest number
01 of popular votes within that official's own state. 02 If, for any reason, the number of presidential electors nominated in a member 03 state in association with the national popular vote winner is less than or greater than 04 that state's number of electoral votes, the presidential candidate on the presidential 05 slate that has been designated as the national popular vote winner shall have the power 06 to nominate the presidential electors for that state and that state's presidential elector 07 certifying official shall certify the appointment of such nominees. 08 The chief election official of each member state shall immediately release to 09 the public all vote counts or statements of votes as they are determined or obtained. 10 This article shall govern the appointment of presidential electors in each 11 member state in any year in which this agreement is, on July 20, in effect in states 12 cumulatively possessing a majority of the electoral votes. 13 ARTICLE IV. OTHER PROVISIONS 14 This agreement takes effect when states cumulatively possessing a majority of 15 the electoral votes have enacted this agreement in substantially the same form and the 16 enactments by those states have taken effect in each state. 17 Any member state may withdraw from this agreement, except that a 18 withdrawal occurring six months or less before the end of a President's term shall not 19 become effective until a President or Vice-President shall have been qualified to serve 20 the next term. 21 The chief executive of each member state shall promptly notify the chief 22 executive of all other states of when this agreement has been enacted and has taken 23 effect in that official's state, when the state has withdrawn from this agreement, and 24 when this agreement takes effect generally. 25 This agreement shall terminate if the electoral college is abolished. 26 If any provision of this agreement is held invalid, the remaining provisions 27 shall not be affected. 28 ARTICLE V. DEFINITIONS 29 (A) "Chief election official" means the state official or body 30 authorized to certify the total number of popular votes for each presidential 31 slate.
01 (B) "Chief executive" means the Governor of a State of the 02 United States or the Mayor of the District of Columbia. 03 (C) "Elector slate" means a slate of candidates who have been 04 nominated in a state for the position of presidential elector in association with a 05 presidential slate. 06 (D) "Presidential elector" means an elector for President and 07 Vice-President of the United States. 08 (E) "Presidential elector certifying official" means the state 09 official or body that is authorized to certify the appointment of the state's 10 presidential electors. 11 (F) "Presidential slate" means a slate of two persons, the first of 12 whom has been nominated as a candidate for President of the United States and 13 the second of whom has been nominated as a candidate for Vice-President of 14 the United States, or any legal successors to those persons, regardless of 15 whether both names appear on the ballot presented to the voters in a particular 16 state. 17 (G) "State" means a state of the United States and the District 18 of Columbia. 19 (H) "Statewide popular election" means a general election in 20 which votes are cast for presidential slates by individual voters and counted on 21 a statewide basis. 22 Sec. 15.30.098. Implementation of agreement. In AS 15.30.095, "chief 23 election officer" means the director of the division or other person appointed under 24 this title to serve as the chief election official of the state. 25 * Sec. 2. AS 15.30.060 is amended to read: 26 Sec. 15.30.060. Notification of electors. Except as provided in (b) of this 27 section, when [WHEN] the results of the election of presidential electors have been 28 determined, the director shall send a certificate of election to each elector and shall 29 notify the electors of the time and place of their meeting and of their duties as electors. 30 * Sec. 3. AS 15.30.060 is amended by adding a new subsection to read: 31 (b) Whenever the provisions of art. III of the Agreement Among the States to
01 Elect the President by National Popular Vote as set out in AS 15.30.095 relating to 02 certification of the appointment of the elector slate nominated in that state in 03 association with the national popular vote winner of a presidential election apply to 04 determine the election of presidential electors, this subsection applies and the 05 provisions of (a) of this section do not apply. If this subsection applies, 06 notwithstanding AS 15.15.450, mandating that the director provide a certificate of 07 election to the candidate receiving the largest number of votes, the director shall send 08 a certificate of election to each elector determined under AS 15.30.095 and shall notify 09 the electors of the time and place of their meeting and their duties as electors. 10 * Sec. 4. AS 15.30.090 is amended to read: 11 Sec. 15.30.090. Duties of electors. Except as provided in (b) of this section, 12 after [AFTER] any vacancies have been filled, the electors shall proceed to cast their 13 votes for the candidates for the offices [OFFICE] of President and Vice-President of 14 the party that selected them as candidates for electors, or for the candidates for the 15 offices [OFFICE] of President and Vice-President under AS 15.30.026 if the electors 16 were named under AS 15.30.026, and shall perform the duties of electors as required 17 by the constitution and laws of the United States. The director shall provide 18 administrative services and the Department of Law shall provide legal services 19 necessary for the electors to perform their duties. 20 * Sec. 5. AS 15.30.090 is amended by adding a new subsection to read: 21 (b) Whenever the provisions of art. III of the Agreement Among the States to 22 Elect the President by National Popular Vote as set out in AS 15.30.095 relating to 23 certification of the appointment of the elector slate nominated in that state in 24 association with the national popular vote winner of a presidential election apply and 25 determine the election of presidential electors, this subsection applies and the 26 provisions of (a) of this section do not apply. If this subsection applies, after any 27 vacancies have been filled, the electors shall proceed to cast their votes for the 28 candidates for the offices of President and Vice-President of the party as provided in 29 AS 15.30.095, and shall perform the duties of electors as required by the constitution 30 and laws of the United States. The director shall provide administrative services and 31 the Department of Law shall provide legal services necessary for the electors to
01 perform their duties.