Enacts new GS 163A-1228.1, which enacts the Agreement Among the States to Elect the President by National Popular Vote (agreement) into law and entered into in on behalf of the State in a form that is substantially as follows.
Allows any state and the District of Columbia to become a member of the agreement by enacting the agreement. Requires each member state to hold a statewide popular election for President and Vice President.
Establishes the process for appointing presidential electors in member states as follows. Before the meeting and voting by the presidential electors, requires the chief election official of each member state to determine the number of votes for each presidential slate in each state and in the District of Columbia in which votes have been cast in a statewide popular election and add those votes together to produce a "national popular vote total" for each presidential slate. The act defines presidential slate as a slate of two persons, the first of whom has been nominated as a candidate for President and the second of whom has been nominated as a candidate for Vice President, or any legal successors to such persons, regardless of whether both names appear on the ballot presented to the voter in a particular state. Requires the chief election official of each member state to designate the presidential slate with the largest national popular vote total as the "national popular vote winner." Requires the presidential elector certifying official of each member state to 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. Requires each member state, at least six days before the meeting and voting by the presidential electors, to make a final determination of the number of popular votes cast in the state for each presidential slate and communicate the determination within 24 hours to the chief election official of each other member state. Requires the chief election official of each member state to 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. Sets out provisions governing ties, and for when the number of presidential electors nominated in a member state in association with the national popular vote winner is less or greater than that state's number of electoral votes. States that the provisions 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.
Specifies that the agreement takes 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. Sets out provisions governing withdrawal from the agreement. Terminates the agreement if the electoral college is abolished. Provides that if any provision of this agreement is held invalid, the remaining provisions are not affected.
Defines the terms chief election official, chief executive, elector slate, presidential elector, presidential elector certifying official, state, and statewide popular election.
Enacts new GS 163A-1228.2, which requires during any election in which the agreement applies that the: (1) State Board of Elections (Board), rather than issuing a certificate of election for presidential electors, instead issue a certificate of the results of the election; also makes the Board responsible for communicating those results to the chief election official of all other member states in the agreement within the specified time. Requires the Board to designate the national popular vote winner and provide a copy to the Secretary of State; (2) reference to GS 163A‑1228.1 (Names of presidential electors not printed on ballots; notification) in GS 163A‑700(c) (establishing the date for the election of President and Vice-President) be read as new GS 163A‑1228.1; and (3) Governor, instead of proclaiming elected under GS 163A‑1229 those presidential electors receiving the most votes as stated in the abstracts of the Board, must instead certify the appointment of the elector slate nominated in this State in association with the national popular vote winner, as provided under GS 163A‑1228.1.
Status: Ref To Com On Rules and Operations of the Senate (Senate action) (Feb 25 2019)
Bill S 104 (2019-2020)Summary date: Feb 21 2019 - More information