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A BILL TO BE ENTITLED
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AN ACT
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relating to the adoption of the Agreement Among the States to Elect |
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the President by National Popular Vote. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 11, Election Code, is amended by adding |
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Chapter 193 to read as follows: |
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CHAPTER 193. AGREEMENT AMONG THE STATES TO ELECT THE PRESIDENT BY |
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NATIONAL POPULAR VOTE |
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Sec. 193.001. EXECUTION OF INTERSTATE COMPACT. This state |
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enters into an agreement with all other states legally joining in |
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the agreement in substantially the following form: |
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AGREEMENT AMONG THE STATES TO ELECT THE PRESIDENT BY NATIONAL |
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POPULAR VOTE |
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ARTICLE I. MEMBERSHIP |
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Any State of the United States and the District of Columbia |
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may become a member of this agreement by enacting this agreement. |
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ARTICLE II. RIGHT OF THE PEOPLE IN MEMBER STATES TO VOTE FOR |
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PRESIDENT AND VICE PRESIDENT |
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Each member state shall conduct a statewide popular election |
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for President and Vice President of the United States. |
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ARTICLE III. MANNER OF APPOINTING PRESIDENTIAL ELECTORS IN MEMBER |
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STATES |
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A. Prior to the time set by law for the meeting and voting by |
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the presidential electors, the chief election official of each |
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member state shall determine the number of votes for each |
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presidential slate in each State of the United States and in the |
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District of Columbia in which votes have been cast in a statewide |
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popular election and shall add such votes together to produce a |
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"national popular vote total" for each presidential slate. |
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B. The chief election official of each member state shall |
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designate the presidential slate with the largest national popular |
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vote total as the "national popular vote winner." |
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C. The presidential elector certifying official of each |
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member state shall certify the appointment in that official's own |
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state of the elector slate nominated in that state in association |
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with the national popular vote winner. |
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D. At least six days before the day fixed by law for the |
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meeting and voting by the presidential electors, each member state |
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shall make a final determination of the number of popular votes cast |
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in the state for each presidential slate and shall communicate an |
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official statement of such determination within 24 hours to the |
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chief election official of each other member state. |
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E. The chief election official of each member state shall |
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treat as conclusive an official statement containing the number of |
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popular votes in a state for each presidential slate made by the day |
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established by federal law for making a state's final determination |
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conclusive as to the counting of electoral votes by Congress. |
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F. In event of a tie for the national popular vote winner, |
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the presidential elector certifying official of each member state |
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shall certify the appointment of the elector slate nominated in |
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association with the presidential slate receiving the largest |
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number of popular votes within that official's own state. |
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G. If, for any reason, the number of presidential electors |
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nominated in a member state in association with the national |
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popular vote winner is less than or greater than that state's number |
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of electoral votes, the presidential candidate on the presidential |
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slate that has been designated as the national popular vote winner |
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shall have the power to nominate the presidential electors for that |
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state and that state's presidential elector certifying official |
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shall certify the appointment of such nominees. |
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H. The chief election official of each member state shall |
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immediately release to the public all vote counts or statements of |
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votes as they are determined or obtained. |
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I. This article shall govern the appointment of |
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presidential electors in each member state in any year in which this |
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agreement is, on July 20, in effect in states cumulatively |
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possessing a majority of the electoral votes. |
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ARTICLE IV. OTHER PROVISIONS |
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A. This agreement shall take effect when states |
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cumulatively possessing a majority of the electoral votes have |
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enacted this agreement in substantially the same form and the |
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enactments by such states have taken effect in each state. |
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B. Any member state may withdraw from this agreement, except |
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that a withdrawal occurring six months or less before the end of a |
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President's term shall not become effective until a President or |
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Vice President shall have been qualified to serve the next term. |
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C. The chief executive of each member state shall promptly |
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notify the chief executive of all other states of when this |
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agreement has been enacted and has taken effect in that official's |
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state, when the state has withdrawn from this agreement, and when |
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this agreement takes effect generally. |
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D. This agreement shall terminate if the electoral college |
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is abolished. |
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E. If any provision of this agreement is held invalid, the |
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remaining provisions shall not be affected. |
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ARTICLE V. DEFINITIONS |
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For purposes of this agreement, |
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A. "chief executive" shall mean the Governor of a State of |
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the United States or the Mayor of the District of Columbia; |
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B. "elector slate" shall mean a slate of candidates who have |
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been nominated in a state for the position of presidential elector |
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in association with a presidential slate; |
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C. "chief election official" shall mean the state official |
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or body that is authorized to certify the total number of popular |
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votes for each presidential slate; |
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D. "presidential elector" shall mean an elector for |
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President and Vice President of the United States; |
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E. "presidential elector certifying official" shall mean |
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the state official or body that is authorized to certify the |
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appointment of the state's presidential electors; |
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F. "presidential slate" shall mean a slate of two persons, |
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the first of whom has been nominated as a candidate for President of |
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the United States and the second of whom has been nominated as a |
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candidate for Vice President of the United States, or any legal |
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successors to such persons, regardless of whether both names appear |
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on the ballot presented to the voter in a particular state; |
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G. "state" shall mean a State of the United States and the |
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District of Columbia; and |
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H. "statewide popular election" shall mean a general |
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election in which votes are cast for presidential slates by |
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individual voters and counted on a statewide basis. |
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Sec. 193.002. EFFECT OF TEXAS LAWS. If the laws of this |
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state conflict with the compact, the compact controls, except that |
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in the event of a conflict between the compact and the Texas |
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Constitution, as determined by the courts of this state, the Texas |
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Constitution controls. |
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SECTION 2. This Act takes effect September 1, 2021. |