SB 39-U.S. PRESIDENTIAL ELECTION COMPACT  2:47:43 PM CHAIR FRENCH announced the consideration of SB 39 and stated that public testimony would be taken during a subsequent hearing. He read the sponsor statement into the record as follows: If there is one bedrock rule in elections it is this: the person with the most votes is the winner. This legislation would guarantee the Presidency to the candidate who receives the most votes in the United States. The concept of 'the person with the most votes wins' is simple, but it hasn't always worked out that way in our Presidential elections. In 1876 Samuel Tilden received 254,000 more votes that Rutherford Hayes; however, Hayes won the Electoral College tally by one vote by having won a number of states by very small margins. In 1888 Grover Cleveland led in the popular vote over Benjamin Harrison, 48.6 percent to 47.8 percent, but Harrison won the Electoral College by a 233-168 margin, largely by virtue of his 1 percent win in Cleveland's home state of New York. In 2000 Al Gore won the popular vote by just over 500,000 votes but lost in the Electoral College to George Bush 266-271. In 2004 a shift of only 60,000 votes in Ohio from George Bush to John Kerry would have resulted in Kerry winning the Electoral College despite losing the popular vote by over 3 million votes. SB 39 corrects this defect in our Presidential elections not by doing away with the Electoral College but by modifying how each state's electoral votes are cast. Currently the state's Electoral College votes are cast 100% in favor of the popular vote winner in the state. The bill would have Alaska join a compact made up of states that have pledged to cast their electoral votes in favor of the national popular vote winner. The compact would not go into effect until enough states have joined to put a majority of the Electoral College votes in the compact. The choice of how to allocate our vote within the Electoral College was given to us by Article II, Section I of the US Constitution. The founding fathers of our country left the decision on how to select electors up to each individual state legislature. The US Supreme Court has written that "the appointment and mode of appointment of electors belong exclusively to the states under the constitution of the United States." McPherson v. Blacker, 146 U.S. 1 at 29 (1892). Many believe that the current system causes candidates to focus on swing states, and swing state issues, instead of approaching the country as a whole. It is beyond dispute that under the current system candidates spend their campaign funds on just a few states. Here's an example of how this plays out in Alaska. During the final 40 days of the 2008 election, 99% of all media expenditures were made in 17 states. Alaska, needless to say, was not one of them. In a close presidential election that decides our country's future, all states should be swing states. Every vote should count, and should be sought by every candidate. This bill will promote truly national presidential campaigns, and it will ensure that the person sent to occupy the most powerful office in the world is the one who got the most votes in the election. 2:51:15 PM CHAIR FRENCH said he was surprised to learn that the method of awarding electoral votes has changed substantially over the years. In 1789 when George Washington was elected, only a few of the Electoral College electors were selected by election; most were assigned by the state legislators. The U.S. Constitution specifically identifies state legislators as the sole arbiters of how electoral votes are awarded. SB 39 is about ensuring that the Electoral College awards the presidency to the person who got the most votes. Absent some action by Congress to undo the Electoral College, this is a way to achieve that goal. 2:52:58 PM ANDY MODEROW, staff to Senator French, said SB 39 adds new sections to AS 15.30, which pertains to national elections in the state. He provided the following sectional analysis: Section 1 - page 1, lines 9-13, outline that Alaska joins in this compact with the other states that enact it. Article I of the compact outlines that any state and the District of Colombia may join in the compact. Article II of the compact requires that member states conduct a statewide popular election for president and vice president. Article III of the compact discusses how presidential electors are selected. - Page 2, lines 9-14, require member states to count state votes, and calculate a national popular vote total for each presidential slate. - Page 2, lines 15-16, require the state election official to designate the national popular vote winner. In Alaska this is the director of the Division of Elections. - Page 2, lines 17-19, require the presidential elector certifying official in Alaska to certify the appointment of the winning candidate's elector slate. - Page 2, lines 20-24, require that member states communicate state vote totals at least six days before presidential electors meet and cast votes. This is a federal law reiterated in the compact. - Page 2, lines 25-28, require each member state to treat as conclusive an official statement containing the number of popular votes in a state for each presidential slate, on the day currently required by law for states to make that final determination. This is a federal law reiterated in the compact. - Page 2, line 29, through page 3, line 1, makes it clear that, in case of a national popular vote tie, states are to cast their electoral votes as determined by state vote totals. - Page 3, lines 2-7, outline procedures in case the number of presidential electors nominated in a member state does not equal the number of electoral votes the state is entitled to. - Page 3, lines 8-9, require public disclosure of vote totals as they are determined or obtained. - Page 3, lines 10-12, require that this compact govern the appointment of presidential electors if it is active on July 20 of a presidential election year. 2:56:06 PM Article IV of the compact contains other provisions. - Page 3, lines 14-16, set when this compact becomes active. When a majority of Electoral College votes are governed by this compact, it takes effect. - Page 3, lines 17-20, allow that any state may withdraw from this compact, but not during the final six months of a president's term. This July 20 through January 20 blackout is to provide for set election procedures going into the election season. - Page 3, lines 21-24, require that member states notify other member states when the compact is enacted, or withdrawn. - Page 3, line 25, terminates this compact if the Electoral College is abolished. - Page 3, lines 26-27, provide for severability of each component of this Act. Article V provides definitions. To highlight a few: - (A) on page 3, lines 29-31, clarify who the chief election official is in each state. In Alaska, it is the director of the Division of Elections. - (E) on page 4, lines 8-10, discuss who certifies the appointment of presidential electors. In Alaska, under current statute AS 15.30.060, this is the director of the Division of Elections. - Page 4, lines 22-24, declare that the Alaska director of the Division of Elections is the chief election official described by the compact. Section 2 - page 4, lines 25-29, adjust AS 15.30.060 (which relates to notification of electors) to adapt when the compact is activated. Section 3 - page 4, lines 30-31, through page 5, lines 1-9, add a new subsection to AS 15.30.060. It requires notification of electors as outlined by the compact, and not as outlined by current law. Section 4 - page 5, lines 11-19, adjust AS 15.30.090, which is the current Duties of Electors statute, to adapt when the compact is activated. Section 5 - page 5, lines 20-31, through page 6, line 1, adds a new subsection to the current duties of elector statute. It clarifies that elector duties are outlined by the compact, not current statutes. MR. MODEROW offered to answer questions. 2:58:32 PM CHAIR FRENCH asked the committee to hold their questions until the next hearing on SB 39.