CERTIFICATION OF ENROLLMENT

SENATE BILL 5599



61st Legislature
2009 Regular Session

Passed by the Senate March 12, 2009
  YEAS 28   NAYS 21


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President of the Senate
Passed by the House April 15, 2009
  YEAS 52   NAYS 42


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Speaker of the House of Representatives


CERTIFICATE

I, Thomas Hoemann, Secretary of the Senate of the State of Washington, do hereby certify that the attached is SENATE BILL 5599 as passed by the Senate and the House of Representatives on the dates hereon set forth.


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Secretary
Approved 









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Governor of the State of Washington
FILED







Secretary of State
State of Washington


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SENATE BILL 5599
_____________________________________________

Passed Legislature - 2009 Regular Session
State of Washington61st Legislature2009 Regular Session

By Senators McDermott, Oemig, Kohl-Welles, Pridemore, Marr, Brown, Tom, Kline, McAuliffe, Regala, and Shin

Read 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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