§ 17-4.2-1. Compact enacted.
The interstate compact entitled the "Agreement Among the States to Elect the President
by National Popular Vote� is hereby enacted into law and entered into with all other
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 (6) 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 (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 (6) 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:
(1) "Chief executive� shall mean the governor of a state of the United States or the mayor
of the District of Columbia;
(2) "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;
(3) "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;
(4) "Presidential elector� shall mean an elector for president and vice president of the
United States;
(5) "Presidential elector certifying official� shall mean the state official or body that
is authorized to certify the appointment of the state's presidential electors;
(6) "Presidential slate� shall mean a slate of two (2) 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;
(7) "State� shall mean a state of the United States and the District of Columbia; and
(8) "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.