BILL REQ. #: S-1081.1
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SENATE BILL 5599
_____________________________________________| State of Washington | 61st Legislature | 2009 Regular Session |
By Senators McDermott, Oemig, Kohl-Welles, Pridemore, Marr, Brown, Tom, Kline, McAuliffe, Regala, and ShinRead first time 01/27/09. Referred to Committee on Government Operations & Elections.
AN ACT Relating to approving the entry of Washington into the
agreement among the states to elect the president by national popular
vote on the same terms and conditions as entered into by the states of
Hawaii, Illinois, Maryland, and New Jersey; amending RCW 29A.56.320;
adding a new section to chapter 29A.56 RCW; and creating a new section.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
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. This agreement is a contract between the member states.
As a contract, this agreement is governed by the legal principles
applicable to contracts. As with a contract, in order for this
agreement to have the force of law in a jurisdiction that wishes to
enter into the agreement, it must be accepted in precisely the same
terms that constitute the offer. Any material variance between the
offer and acceptance precludes the formation of a contract. 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.
NEW SECTION. Sec. 2 A new section is added to chapter 29A.56 RCW
to read as follows:
The agreement among the states to elect the president by national
popular vote is hereby entered into and enacted into law with all
jurisdictions legally joining therein, in the form substantially as
follows:
ARTICLE I - Membership
Any state of the United States and the District of Columbia may
become a member of this agreement by enacting this agreement.
ARTICLE II - Right of the People in Member States to Vote
for President and Vice President
Each member state shall conduct a statewide popular election for
president and vice president of the United States.
ARTICLE III - Manner of Appointing Presidential Electors
in Member States
Prior to the time set by law for the meeting and voting by the
presidential electors, the chief election official of each member state
shall determine the number of votes for each presidential slate in each
state of the United States and in the District of Columbia in which
votes have been cast in a statewide popular election and shall add such
votes together to produce a "national popular vote total" for each
presidential slate.
The chief election official of each member state shall designate
the presidential slate with the largest national popular vote total as
the "national popular vote winner."
The presidential elector certifying official of each member state
shall certify the appointment in that official's own state of the
elector slate nominated in that state in association with the national
popular vote winner.
At least six days before the day fixed by law for the meeting and
voting by the presidential electors, each member state shall make a
final determination of the number of popular votes cast in the state
for each presidential slate and shall communicate an official statement
of such determination within twenty-four hours to the chief election
official of each other member state.
The chief election official of each member state shall treat as
conclusive an official statement containing the number of popular votes
in a state for each presidential slate made by the day established by
federal law for making a state's final determination conclusive as to
the counting of electoral votes by congress.
In event of a tie for the national popular vote winner, the
presidential elector certifying official of each member state shall
certify the appointment of the elector slate nominated in association
with the presidential slate receiving the largest number of popular
votes within that official's own state.
If, for any reason, the number of presidential electors nominated
in a member state in association with the national popular vote winner
is less than or greater than that state's number of electoral votes,
the presidential candidate on the presidential slate that has been
designated as the national popular vote winner shall have the power to
nominate the presidential electors for that state and that state's
presidential elector certifying official shall certify the appointment
of such nominees.
The chief election official of each member state shall immediately
release to the public all vote counts or statements of votes as they
are determined or obtained.
This article shall govern the appointment of presidential electors
in each member state in any year in which this agreement is, on July
20, in effect in states cumulatively possessing a majority of the
electoral votes.
ARTICLE IV - Other Provisions
This agreement shall take effect when states cumulatively
possessing a majority of the electoral votes have enacted this
agreement in substantially the same form and the enactments by such
states have taken effect in each state.
Any member state may withdraw from this agreement, except that a
withdrawal occurring six months or less before the end of a president's
term shall not become effective until a president or vice president
shall have been qualified to serve the next term.
The chief executive of each member state shall promptly notify the
chief executive of all other states of when this agreement has been
enacted and has taken effect in that official's state, when the state
has withdrawn from this agreement, and when this agreement takes effect
generally.
This agreement shall terminate if the electoral college is
abolished.
If any provision of this agreement is held invalid, the remaining
provisions shall not be affected.
ARTICLE V - Definitions
For purposes of this agreement:
"Chief executive" shall mean the governor of a state of the United
States or the mayor of the District of Columbia;
"Elector slate" shall mean a slate of candidates who have been
nominated in a state for the position of presidential elector in
association with a presidential slate;
"Chief election official" shall mean the state official or body
that is authorized to certify the total number of popular votes for
each presidential slate;
"Presidential elector" shall mean an elector for president and vice
president of the United States;
"Presidential elector certifying official" shall mean the state
official or body that is authorized to certify the appointment of the
state's presidential electors;
"Presidential slate" shall mean a slate of two persons, the first
of whom has been nominated as a candidate for president of the United
States and the second of whom has been nominated as a candidate for
vice president of the United States, or any legal successors to such
persons, regardless of whether both names appear on the ballot
presented to the voter in a particular state;
"State" shall mean a state of the United States and the District of
Columbia; and
"Statewide popular election" shall mean a general election in which
votes are cast for presidential slates by individual voters and counted
on a statewide basis.
Sec. 3 RCW 29A.56.320 and 2003 c 111 s 1425 are each amended to
read as follows:
In the year in which a presidential election is held, each major
political party and each minor political party or independent candidate
convention held under chapter 29A.20 RCW that nominates candidates for
president and vice president of the United States shall nominate
presidential electors for this state. The party or convention shall
file with the secretary of state a certificate signed by the presiding
officer of the convention at which the presidential electors were
chosen, listing the names and addresses of the presidential electors.
Each presidential elector shall execute and file with the secretary of
state a pledge that, as an elector, he or she will vote for the
candidates nominated by that party. The names of presidential electors
shall not appear on the ballots. The votes cast for candidates for
president and vice president of each political party shall be counted
for the candidates for presidential electors of that political party;
however, if the interstate compact entitled the "agreement among the
states to elect the president by national popular vote," as set forth
in section 2 of this act, governs the appointment of the presidential
electors for a presidential election as provided in clause 9 of Article
III of that compact, then the final appointment of presidential
electors for that presidential election shall be in accordance with
that compact.
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