5599 AMH PEDE OBRT 077

SB 5599 - H AMD 629

By Representative Pedersen

FAILED 4/15/2009

    On page 1, from the beginning of line 7, strike all of section 1 and insert the following:

    "NEW SECTION. Sec. 1.  It is the intent of the legislature to enter into the agreement among the states to elect the president by national popular vote without taking into account any concerns raised by legislators or citizens of the State of Washington.  This agreement is a contract of adhesion created by the first state to pass it, negotiated by people outside of the State of Washington, and without any opportunity for the legislature to revise or improve it.  As with any contract of adhesion, it must be accepted in precisely the same terms that constitute the offer, without any ability to negotiate it or change its terms.  The legislature specifically intends to ignore concerns raised regarding the failure of the compact to contain any procedure for a recount in the case of a close election; the failure of the compact to provide for a process when no candidate receives a majority of the popular vote cast; and the failure of the compact to require any uniform standards among member states regarding the elections process.  Any material variance between the offer and acceptance precludes the formation of a contract.  Because there are only three more legislative sessions before the next presidential election, it is of critical importance that the legislature act immediately and not take the time to address the concerns raised.  Therefore, the agreement among the states to elect the president by national popular vote must be enacted by Washington under identical terms as contained in the agreement and as enacted by Hawaii, Illinois, Maryland, and New Jersey, subject to only nonmaterial changes."

EFFECT:   Eliminates current intent section.  Substitutes a new intent section that notes the Agreement Among the States to Elect the President by National Popular Vote: does not address the concerns of Washington legislators and Washington citizens; and is an adhesion contract.

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