SB 61: "An Act relating to an interstate compact to elect the President and Vice-President of the United States by national popular vote; and relating to the selection of electors for candidates for President and Vice-President of the United States and to the duties of those electors."
00 SENATE BILL NO. 61 01 "An Act relating to an interstate compact to elect the President and Vice-President of 02 the United States by national popular vote; and relating to the selection of electors for 03 candidates for President and Vice-President of the United States and to the duties of 04 those electors." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 15.20.530 is amended to read: 07 Sec. 15.20.530. Determination of tie votes. Except as provided in (b) of this 08 section, if, [IF] after a recount and appeal, two or more candidates tie in having the 09 highest number of votes for the same office, the director shall notify the candidates 10 who are tied. The director shall notify the candidates of a reasonably suitable time and 11 place to determine the successful candidate by lot. After the determination has been 12 made by lot, the director shall so certify. 13 * Sec. 2. AS 15.20.530 is amended by adding a new subsection to read: 14 (b) The director may not determine the election of presidential electors by lot
01 when the provisions of art. III of the Agreement Among the States to Elect the 02 President by National Popular Vote set out in AS 15.30.104 apply. 03 * Sec. 3. AS 15.30.010 is amended to read: 04 Sec. 15.30.010. Selection [PROVISION FOR SELECTION] of electors. 05 Except as provided in (b) of this section, electors [ELECTORS] of President and 06 Vice-President [VICE PRESIDENT] of the United States are selected by election at 07 the general election in presidential election years, in the manner and as determined by 08 the ranked-choice method of tabulating votes described in AS 15.15.350 - 15.15.370. 09 * Sec. 4. AS 15.30.010 is amended by adding new subsections to read: 10 (b) When the provisions of art. III of the Agreement Among the States to Elect 11 the President by National Popular Vote set out in AS 15.30.104 apply to determine the 12 election of presidential electors, 13 (1) the votes cast in this state for electors of President and Vice- 14 President of the United States at the general election in presidential election years shall 15 be tabulated by the ranked-choice method of tabulating votes described in 16 AS 15.15.350 - 15.15.370; 17 (2) the final determination of the presidential vote count reported and 18 certified to the member states as provided under clause 4 of art. III of the Agreement 19 Among the States to Elect the President by National Popular Vote set out in 20 AS 15.30.104 and the presidential vote count reported and certified in this state shall 21 be the final round of votes received by each presidential slate that received votes in the 22 final round of statewide ranked-choice method tabulation; 23 (3) the electors of President and Vice-President of the United States 24 are selected as provided under AS 15.30.104. 25 (c) In this section, "presidential slate" has the meaning given in AS 15.30.104. 26 * Sec. 5. AS 15.30.060 is amended to read: 27 Sec. 15.30.060. Notification of electors. Except as provided in (b) of this 28 section, when [WHEN] the results of the election of presidential electors have been 29 determined, the director shall send a certificate of election to each elector and shall 30 notify the electors of the time and place of their meeting and of their duties as electors. 31 * Sec. 6. AS 15.30.060 is amended by adding a new subsection to read:
01 (b) When the provisions of art. III of the Agreement Among the States to Elect 02 the President by National Popular Vote set out in AS 15.30.104 apply to determine the 03 election of presidential electors, this subsection applies and the provisions of (a) of 04 this section do not apply. If this subsection applies, notwithstanding AS 15.15.450, 05 mandating that the director provide a certificate of election to the candidate receiving 06 the largest number of votes, the director shall send a certificate of election to each 07 elector determined under AS 15.30.104 and shall notify the electors of the time and 08 place of their meeting and their duties as electors. 09 * Sec. 7. AS 15.30.090 is amended to read: 10 Sec. 15.30.090. Duties of electors. Except as provided in (b) of this section, 11 after [AFTER] any vacancies have been filled, the electors shall proceed to cast their 12 votes for the candidates for the offices [OFFICE] of President and Vice-President of 13 the party that selected them as candidates for electors, or for the candidates for the 14 offices [OFFICE] of President and Vice-President under AS 15.30.026 if the electors 15 were named under AS 15.30.026, and shall perform the duties of electors as required 16 by the constitution and laws of the United States. The director shall provide 17 administrative services and the Department of Law shall provide legal services 18 necessary for the electors to perform their duties. 19 * Sec. 8. AS 15.30.090 is amended by adding a new subsection to read: 20 (b) When the provisions of art. III of the Agreement Among the States to Elect 21 the President by National Popular Vote set out in AS 15.30.104 apply to determine the 22 election of presidential electors, this subsection applies and the provisions of (a) of 23 this section do not apply. If this subsection applies, after any vacancies have been 24 filled, the electors shall cast their votes for the candidates for the offices of President 25 and Vice-President of the party as provided in AS 15.30.104, and shall perform the 26 duties of electors as required by the constitution and laws of the United States. The 27 director shall provide administrative services and the Department of Law shall provide 28 legal services necessary for the electors to perform their duties. 29 * Sec. 9. AS 15.30 is amended by adding new sections to read: 30 Article 1A. Agreement Among the States to Elect the President by National Popular 31 Vote.
01 Sec. 15.30.104. Agreement Among the States to Elect the President by 02 National Popular Vote. The Agreement Among the States to Elect the President by 03 National Popular Vote contained in this section is enacted into law and entered into on 04 behalf of the State of Alaska with other states joining in it in a form substantially as set 05 out in this section. 06 ARTICLE I. MEMBERSHIP 07 Any state of the United States and the District of Columbia may become a 08 member of this agreement by enacting this agreement. 09 ARTICLE II. RIGHT OF THE PEOPLE IN MEMBER STATES TO VOTE FOR 10 PRESIDENT AND VICE-PRESIDENT 11 Each member state shall conduct a statewide popular election for President and 12 Vice-President of the United States. 13 ARTICLE III. MANNER OF APPOINTING PRESIDENTIAL ELECTORS IN MEMBER 14 STATES 15 Prior to the time set by law for the meeting and voting by the presidential 16 electors, the chief election official of each member state shall determine the number of 17 votes for each presidential slate in each state of the United States and in the District of 18 Columbia in which votes have been cast in a statewide popular election and shall add 19 such votes together to produce a "national popular vote total" for each presidential 20 slate. 21 The chief election official of each member state shall designate the presidential 22 slate with the largest national popular vote total as the "national popular vote winner." 23 The presidential elector certifying official of each member state shall certify 24 the appointment in that official's own state of the elector slate nominated in that state 25 in association with the national popular vote winner. 26 At least six days before the day fixed by law for the meeting and voting by the 27 presidential electors, each member state shall make a final determination of the 28 number of popular votes cast in the state for each presidential slate and shall 29 communicate an official statement of such determination within 24 hours to the chief 30 election official of each other member state. 31 The chief election official of each member state shall treat as conclusive an
01 official statement containing the number of popular votes in a state for each 02 presidential slate made by the day established by federal law for making a state's final 03 determination conclusive as to the counting of electoral votes by Congress. 04 In event of a tie for the national popular vote winner, the presidential elector 05 certifying official of each member state shall certify the appointment of the elector 06 slate nominated in association with the presidential slate receiving the largest number 07 of popular votes within that official's own state. 08 If, for any reason, the number of presidential electors nominated in a member 09 state in association with the national popular vote winner is less than or greater than 10 that state's number of electoral votes, the presidential candidate on the presidential 11 slate that has been designated as the national popular vote winner shall have the power 12 to nominate the presidential electors for that state and that state's presidential elector 13 certifying official shall certify the appointment of such nominees. 14 The chief election official of each member state shall immediately release to 15 the public all vote counts or statements of votes as they are determined or obtained. 16 This article shall govern the appointment of presidential electors in each 17 member state in any year in which this agreement is, on July 20, in effect in states 18 cumulatively possessing a majority of the electoral votes. 19 ARTICLE IV. OTHER PROVISIONS 20 This agreement shall take effect when states cumulatively possessing a 21 majority of the electoral votes have enacted this agreement in substantially the same 22 form and the enactments by such states have taken effect in each state. 23 Any member state may withdraw from this agreement, except that a 24 withdrawal occurring six months or less before the end of a President's term shall not 25 become effective until a President or Vice-President shall have been qualified to serve 26 the next term. 27 The chief executive of each member state shall promptly notify the chief 28 executive of all other states of when this agreement has been enacted and has taken 29 effect in that official's state, when the state has withdrawn from this agreement, and 30 when this agreement takes effect generally. 31 This agreement shall terminate if the electoral college is abolished.
01 If any provision of this agreement is held invalid, the remaining provisions 02 shall not be affected. 03 ARTICLE V. DEFINITIONS 04 For the purposes of this agreement, 05 (A) "Chief election official" shall mean the state official or 06 body that is authorized to certify the total number of popular votes for each 07 presidential slate; 08 (B) "Chief executive" shall mean the Governor of a State of the 09 United States or the Mayor of the District of Columbia; 10 (C) "Elector slate" shall mean a slate of candidates who have 11 been nominated in a state for the position of presidential elector in association 12 with a presidential slate; 13 (D) "Presidential elector" shall mean an elector for President 14 and Vice-President of the United States; 15 (E) "Presidential elector certifying official" shall mean the state 16 official or body that is authorized to certify the appointment of the state's 17 presidential electors; 18 (F) "Presidential slate" shall mean a slate of two persons, the 19 first of whom has been nominated as a candidate for President of the United 20 States and the second of whom has been nominated as a candidate for Vice- 21 President of the United States, or any legal successors to such persons, 22 regardless of whether both names appear on the ballot presented to the voter in 23 a particular state; 24 (G) "State" shall mean a state of the United States and the 25 District of Columbia; and 26 (H) "Statewide popular election" shall mean a general election 27 in which votes are cast for presidential slates by individual voters and counted 28 on a statewide basis. 29 Sec. 15.30.106. Implementation of agreement. In AS 15.30.104, "chief 30 election official" means the director of the division or other person appointed under 31 this title to serve as the chief election official of the state.
01 Sec. 15.30.108. Supremacy. If art. III of the Agreement Among the States to 02 Elect the President by National Popular Vote in AS 15.30.104 applies to determine the 03 election of presidential electors, the provisions of the agreement in AS 15.30.104 take 04 precedence over a conflicting state statute or regulation.