HB 175: "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. 175 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 Prior to 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 such 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 such 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 shall take effect when states cumulatively possessing a 23 majority of the electoral votes have enacted this agreement in substantially the same 24 form and the enactments by such 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 For the purposes of this agreement, 07 (A) "Chief election official" shall mean the state official or 08 body that is authorized to certify the total number of popular votes for each 09 presidential slate; 10 (B) "Chief executive" shall mean the Governor of a State of the 11 United States or the Mayor of the District of Columbia; 12 (C) "Elector slate" shall mean a slate of candidates who have 13 been nominated in a state for the position of presidential elector in association 14 with a presidential slate; 15 (D) "Presidential elector" shall mean an elector for President 16 and Vice-President of the United States; 17 (E) "Presidential elector certifying official" shall mean the state 18 official or body that is authorized to certify the appointment of the state's 19 presidential electors; 20 (F) "Presidential slate" shall mean a slate of two persons, the 21 first of whom has been nominated as a candidate for President of the United 22 States and the second of whom has been nominated as a candidate for Vice- 23 President of the United States, or any legal successors to such persons, 24 regardless of whether both names appear on the ballot presented to the voters 25 in a particular state; 26 (G) "State" shall mean a state of the United States and the 27 District of Columbia; and 28 (H) "Statewide popular election" shall mean a general election 29 in which votes are cast for presidential slates by individual voters and counted 30 on a statewide basis. 31 Sec. 15.30.106. Implementation of agreement. In AS 15.30.104, "chief
01 election official" means the director of the division or other person appointed under 02 this title to serve as the chief election official of the state.