SSB 5628

Washington State House of Representatives Office of Program Research	BILL ANALYSIS

State Government & Tribal Affairs Committee

SSB 5628

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

Brief Description: Adopting the interstate agreement for the election of the president of the United States by national popular vote.

Sponsors: Senate Committee on Government Operations & Elections (originally sponsored by Senators Oemig, Fairley, Pridemore and Kohl-Welles).

Brief Summary of Substitute Bill

Authorizes Washington to enter into an interstate agreement to allocate the state's electoral votes for President and Vice President of the United States based on the national popular vote winner.

Requires each member state to conduct a statewide popular election for President and Vice President of the United States and communicate the results of the election to other member states.

Requires presidential elector certifying officials to certify the appointment of the presidential electors of member states based on the national popular vote winner.

Hearing Date: 2/22/08

Staff: Tracey Taylor (786-7196).

Background:

The President and Vice President of the United States are not elected by direct popular vote. Instead, the President and Vice President are elected by a group of 538 people who are known individually as "presidential electors" and collectively as the "electoral college." Each political party nominates its own candidates for the position of presidential elector.

Article II, Section 1 of the United States Constitution provides that "Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress."

In 48 states the presidential candidate receiving the most votes is awarded all of the states' electoral votes. Two states, Maine (since 1972) and Nebraska (since 1992), use a congressional district system for allocating electoral votes. The states' authority to determine the manner of awarding their electoral votes is absolute and exclusive.

The presidential electors cast their votes for President and Vice President in mid-December in meetings held in the 50 state capitals and the District of Columbia. A presidential or vice-presidential candidate must win a majority of the electoral votes in order to be elected to office (270 out of 538 electoral votes). The U.S. House of Representatives chooses the President and the U.S. Senate chooses the Vice President if there is no majority. It is possible to win the presidency without winning the most popular votes nationwide. In fact, second-place candidates were elected in 2000, 1888, 1876, and 1824.

Legislation relating to the states' electoral votes has been introduced in 48 states, passing in Maryland and New Jersey. The nearly identical bills consist of an interstate agreement that all states' electoral votes be awarded to the presidential candidate who receives the most popular votes nationwide.

Summary of Bill:

Washington shall enter into an interstate agreement with any other states that have enacted, in substantially similar form, the "Interstate Agreement for the Election of the President of the United States by National Popular Vote." Each member state of this agreement must conduct a statewide popular election for President and Vice President of the United States.

Manner of Appointing Presidential Electors in Member States

Before the presidential electors meet and vote, each member state must determine the number of votes cast for each presidential slate. The votes from each state will be added together to produce a national popular vote total.
At least six days prior to the meeting and voting of presidential electors, each member state must communicate the final popular presidential vote to other member states.
The presidential elector certifying official (official) of each member state must certify the appointment of the presidential electors based on the national popular vote winner.
If there is a tie for the national popular vote winner, the official must certify the appointment of the elector slate based on the popular vote within the official's state.

Other Provisions

Any member state may withdraw from the agreement, except that any withdrawal occurring within six months before the end of a President's term does not become effective until a President or Vice President has been qualified to serve the next term.
The chief executive of each state must notify all other member states when this agreement has been enacted or when the state has withdrawn.
This agreement terminates if the electoral college is abolished.

Appropriation: None.

Fiscal Note: Not requested.

Effective Date: The bill takes effect 90 days after adjournment of session in which bill is passed.