§ 24-60-4002 — Execution of agreement

Colorado § 24-60-4002

• Jurisdiction: Colorado
• Title 24: Government
• Art.: Interstate Compacts and Agreements

Text

The agreement among the states to
elect the President by national popular vote is hereby enacted into law and entered
into 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 24 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.

Legislative History

Source: L. 2019: Entire part added, (SB 19-042 and Proposition 113), ch. 32, p. 101, � 1, effective upon proclamation of the Governor, December 31, 2020. See L. 2021, p. 4215.