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Full Text of HB1685  95th General Assembly

HB1685sam001 95TH GENERAL ASSEMBLY

Sen. Terry Link

Filed: 5/25/2007

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 1685

2     AMENDMENT NO. ______. Amend House Bill 1685 by replacing
3 everything after the enacting clause with the following:
 
4     "Section 1. Short title. This Act may be cited as the
5 Agreement Among the States to Elect the President by National
6 Popular Vote Act.
 
7     Section 5. Ratification and approval of compact. The State
8 of Illinois ratifies and approves the following compact:
 
9
"Agreement Among the States to Elect the President by National
10
Popular Vote
11 Article I-Membership
12     Any State of the United States and the District of Columbia
13 may become a member of this agreement by enacting this
14 agreement.
 

 

 

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1 Article II-Right of the People in Member States to Vote for
2 President and Vice President
3     Each member state shall conduct a statewide popular
4 election for President and Vice President of the United States.
 
5 Article III-Manner of Appointing Presidential Electors in
6 Member States
7     Prior to the time set by law for the meeting and voting by
8 the presidential electors, the chief election official of each
9 member state shall determine the number of votes for each
10 presidential slate in each State of the United States and in
11 the District of Columbia in which votes have been cast in a
12 statewide popular election and shall add such votes together to
13 produce a "national popular vote total" for each presidential
14 slate.
15     The chief election official of each member state shall
16 designate the presidential slate with the largest national
17 popular vote total as the "national popular vote winner."
18     The presidential elector certifying official of each
19 member state shall certify the appointment in that official's
20 own state of the elector slate nominated in that state in
21 association with the national popular vote winner.
22     At least six days before the day fixed by law for the
23 meeting and voting by the presidential electors, each member
24 state shall make a final determination of the number of popular
25 votes cast in the state for each presidential slate and shall

 

 

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1 communicate an official statement of such determination within
2 24 hours to the chief election official of each other member
3 state.
4     The chief election official of each member state shall
5 treat as conclusive an official statement containing the number
6 of popular votes in a state for each presidential slate made by
7 the day established by federal law for making a state's final
8 determination conclusive as to the counting of electoral votes
9 by Congress.
10     In event of a tie for the national popular vote winner, the
11 presidential elector certifying official of each member state
12 shall certify the appointment of the elector slate nominated in
13 association with the presidential slate receiving the largest
14 number of popular votes within that official's own state.
15     If, for any reason, the number of presidential electors
16 nominated in a member state in association with the national
17 popular vote winner is less than or greater than that state's
18 number of electoral votes, the presidential candidate on the
19 presidential slate that has been designated as the national
20 popular vote winner shall have the power to nominate the
21 presidential electors for that state and that state's
22 presidential elector certifying official shall certify the
23 appointment of such nominees.
24     The chief election official of each member state shall
25 immediately release to the public all vote counts or statements
26 of votes as they are determined or obtained.

 

 

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1     This article shall govern the appointment of presidential
2 electors in each member state in any year in which this
3 agreement is, on July 20, in effect in states cumulatively
4 possessing a majority of the electoral votes.
 
5 Article IV-Other Provisions
6     This agreement shall take effect when states cumulatively
7 possessing a majority of the electoral votes have enacted this
8 agreement in substantially the same form and the enactments by
9 such states have taken effect in each state.
10     Any member state may withdraw from this agreement, except
11 that a withdrawal occurring six months or less before the end
12 of a President's term shall not become effective until a
13 President or Vice President shall have been qualified to serve
14 the next term.
15     The chief executive of each member state shall promptly
16 notify the chief executive of all other states of when this
17 agreement has been enacted and has taken effect in that
18 official's state, when the state has withdrawn from this
19 agreement, and when this agreement takes effect generally.
20     This agreement shall terminate if the electoral college is
21 abolished.
22     If any provision of this agreement is held invalid, the
23 remaining provisions shall not be affected.
 
24 Article V-Definitions

 

 

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1     For purposes of this agreement, "chief executive" shall
2 mean the Governor of a State of the United States or the Mayor
3 of the District of Columbia;
4     "elector slate" shall mean a slate of candidates who have
5 been nominated in a state for the position of presidential
6 elector in association with a presidential slate;
7     "chief election official" shall mean the state official or
8 body that is authorized to certify the total number of popular
9 votes for each presidential slate;
10     "presidential elector" shall mean an elector for President
11 and Vice President of the United States;
12     "presidential elector certifying official" shall mean the
13 state official or body that is authorized to certify the
14 appointment of the state's presidential electors;
15     "presidential slate" shall mean a slate of two persons, the
16 first of whom has been nominated as a candidate for President
17 of the United States and the second of whom has been nominated
18 as a candidate for Vice President of the United States, or any
19 legal successors to such persons, regardless of whether both
20 names appear on the ballot presented to the voter in a
21 particular state;
22     "state" shall mean a State of the United States and the
23 District of Columbia; and
24     "statewide popular election" shall mean a general election
25 in which votes are cast for presidential slates by individual
26 voters and counted on a statewide basis.".
 

 

 

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1     Section 10. Enforcement. The agencies and officers of this
2 State and its subdivisions shall enforce this compact and do
3 all things appropriate to effect its purpose and intent that
4 may be within their respective jurisdictions.".