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1 | AN ACT concerning interstate compacts.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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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. | |||||||||||||||||||
15 | Article II-Right of the People in Member States to Vote for | |||||||||||||||||||
16 | President and Vice President | |||||||||||||||||||
17 | Each member state shall conduct a statewide popular | |||||||||||||||||||
18 | election for President and Vice President of the United States. | |||||||||||||||||||
19 | Article III-Manner of Appointing Presidential Electors in | |||||||||||||||||||
20 | Member States |
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1 | Prior to the time set by law for the meeting and voting by | ||||||
2 | the presidential electors, the chief election official of each | ||||||
3 | member state shall determine the number of votes for each | ||||||
4 | presidential slate in each State of the United States and in | ||||||
5 | the District of Columbia in which votes have been cast in a | ||||||
6 | statewide popular election and shall add such votes together to | ||||||
7 | produce a "national popular vote total" for each presidential | ||||||
8 | slate. | ||||||
9 | The chief election official of each member state shall | ||||||
10 | designate the presidential slate with the largest national | ||||||
11 | popular vote total as the "national popular vote winner." | ||||||
12 | The presidential elector certifying official of each | ||||||
13 | member state shall certify the appointment in that official's | ||||||
14 | own state of the elector slate nominated in that state in | ||||||
15 | association with the national popular vote winner. | ||||||
16 | At least six days before the day fixed by law for the | ||||||
17 | meeting and voting by the presidential electors, each member | ||||||
18 | state shall make a final determination of the number of popular | ||||||
19 | votes cast in the state for each presidential slate and shall | ||||||
20 | communicate an official statement of such determination within | ||||||
21 | 24 hours to the chief election official of each other member | ||||||
22 | state. | ||||||
23 | The chief election official of each member state shall | ||||||
24 | treat as conclusive an official statement containing the number | ||||||
25 | of popular votes in a state for each presidential slate made by | ||||||
26 | the day established by federal law for making a state's final |
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1 | determination conclusive as to the counting of electoral votes | ||||||
2 | by Congress. | ||||||
3 | In event of a tie for the national popular vote winner, the | ||||||
4 | presidential elector certifying official of each member state | ||||||
5 | shall certify the appointment of the elector slate nominated in | ||||||
6 | association with the presidential slate receiving the largest | ||||||
7 | number of popular votes within that official's own state. | ||||||
8 | If, for any reason, the number of presidential electors | ||||||
9 | nominated in a member state in association with the national | ||||||
10 | popular vote winner is less than or greater than that state's | ||||||
11 | number of electoral votes, the presidential candidate on the | ||||||
12 | presidential slate that has been designated as the national | ||||||
13 | popular vote winner shall have the power to nominate the | ||||||
14 | presidential electors for that state and that state's | ||||||
15 | presidential elector certifying official shall certify the | ||||||
16 | appointment of such nominees. | ||||||
17 | The chief election official of each member state shall | ||||||
18 | immediately release to the public all vote counts or statements | ||||||
19 | of votes as they are determined or obtained. | ||||||
20 | This article shall govern the appointment of presidential | ||||||
21 | electors in each member state in any year in which this | ||||||
22 | agreement is, on July 20, in effect in states cumulatively | ||||||
23 | possessing a majority of the electoral votes. | ||||||
24 | Article IV-Other Provisions | ||||||
25 | This agreement shall take effect when states cumulatively |
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1 | possessing a majority of the electoral votes have enacted this | ||||||
2 | agreement in substantially the same form and the enactments by | ||||||
3 | such states have taken effect in each state. | ||||||
4 | Any member state may withdraw from this agreement, except | ||||||
5 | that a withdrawal occurring six months or less before the end | ||||||
6 | of a President's term shall not become effective until a | ||||||
7 | President or Vice President shall have been qualified to serve | ||||||
8 | the next term. | ||||||
9 | The chief executive of each member state shall promptly | ||||||
10 | notify the chief executive of all other states of when this | ||||||
11 | agreement has been enacted and has taken effect in that | ||||||
12 | official's state, when the state has withdrawn from this | ||||||
13 | agreement, and when this agreement takes effect generally. | ||||||
14 | This agreement shall terminate if the electoral college is | ||||||
15 | abolished. | ||||||
16 | If any provision of this agreement is held invalid, the | ||||||
17 | remaining provisions shall not be affected. | ||||||
18 | Article V-Definitions | ||||||
19 | For purposes of this agreement,
"chief executive" shall | ||||||
20 | mean the Governor of a State of the United States or the Mayor | ||||||
21 | of the District of Columbia;
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22 | "elector slate" shall mean a slate of candidates who have | ||||||
23 | been nominated in a state for the position of presidential | ||||||
24 | elector in association with a presidential slate; | ||||||
25 | "chief election official" shall mean the state official or |
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1 | body that is authorized to certify the total number of popular | ||||||
2 | votes for each presidential slate; | ||||||
3 | "presidential elector" shall mean an elector for President | ||||||
4 | and Vice President of the United States; | ||||||
5 | "presidential elector certifying official" shall mean the | ||||||
6 | state official or body that is authorized to certify the | ||||||
7 | appointment of the state's presidential electors; | ||||||
8 | "presidential slate" shall mean a slate of two persons, the | ||||||
9 | first of whom has been nominated as a candidate for President | ||||||
10 | of the United States and the second of whom has been nominated | ||||||
11 | as a candidate for Vice President of the United States, or any | ||||||
12 | legal successors to such persons, regardless of whether both | ||||||
13 | names appear on the ballot presented to the voter in a | ||||||
14 | particular state; | ||||||
15 | "state" shall mean a State of the United States and the | ||||||
16 | District of Columbia; and | ||||||
17 | "statewide popular election" shall mean a general election | ||||||
18 | in which votes are cast for presidential slates by individual | ||||||
19 | voters and counted on a statewide basis.". | ||||||
20 | Section 10. Enforcement. The agencies and officers of this | ||||||
21 | State and its subdivisions shall enforce this compact and do | ||||||
22 | all things appropriate to effect its purpose and intent that | ||||||
23 | may be within their respective jurisdictions.
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