Senate
File
277
-
Introduced
SENATE
FILE
277
BY
BOLKCOM
A
BILL
FOR
An
Act
relating
to
an
agreement
among
the
states
to
elect
the
1
president
by
national
popular
vote
and
including
effective
2
date
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
50.45,
Code
2011,
is
amended
to
read
as
1
follows:
2
50.45
Canvass
public
——
result
determined.
3
1.
All
canvasses
of
tally
lists
shall
be
public,
and
the
4
persons
having
the
greatest
number
of
votes
shall
be
declared
5
elected
,
except
that
in
any
year
in
which
the
appointment
of
6
presidential
electors
is
governed
by
the
national
popular
vote
7
compact
set
forth
in
section
54.10,
the
persons
that
shall
be
8
declared
elected
to
the
position
of
presidential
elector
shall
9
be
the
persons
specified
in
the
national
popular
vote
compact
.
10
2.
When
a
public
measure
has
been
submitted
to
the
electors,
11
the
proposition
shall
be
declared
to
have
been
adopted
if
12
the
vote
cast
in
favor
of
the
question
is
greater
than
fifty
13
percent
of
the
total
vote
cast
in
favor
and
against
the
14
question,
unless
laws
pertaining
specifically
to
the
public
15
measure
election
establish
a
higher
percentage
of
a
favorable
16
vote.
All
ballots
cast
and
not
counted
as
a
vote
in
favor
or
17
against
the
proposition
shall
not
be
used
in
computing
the
18
total
vote
cast
in
favor
and
against
the
proposition.
19
Sec.
2.
NEW
SECTION
.
54.10
Agreement
among
the
states
to
20
elect
the
president
by
national
popular
vote.
21
The
agreement
among
the
states
to
elect
the
president
by
22
national
popular
vote
may
be
cited
as
the
“National
Popular
Vote
23
Compact”
.
The
national
popular
vote
compact
is
entered
into
24
and
enacted
into
law
with
each
other
state
that
has
enacted
the
25
compact
in
substantially
the
following
form:
26
1.
Article
I
——
Membership.
Any
state
of
the
United
States
27
and
the
District
of
Columbia
may
become
a
member
of
this
28
agreement
by
enacting
this
agreement.
29
2.
Article
II
——
Right
of
the
people
in
member
states
to
30
vote
for
president
and
vice
president.
Each
member
state
shall
31
conduct
a
statewide
popular
election
for
president
and
vice
32
president
of
the
United
States.
33
3.
Article
III
——
Manner
of
appointing
presidential
electors
34
in
member
states.
35
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a.
Prior
to
the
time
set
by
law
for
the
meeting
and
voting
1
by
the
presidential
electors,
the
chief
election
official
of
2
each
member
state
shall
determine
the
number
of
votes
for
each
3
presidential
slate
in
each
state
of
the
United
States
and
in
4
the
District
of
Columbia
in
which
votes
have
been
cast
in
a
5
statewide
popular
election
and
shall
add
such
votes
together
to
6
produce
a
“national
popular
vote
total”
for
each
presidential
7
slate.
8
b.
The
chief
election
official
of
each
member
state
shall
9
designate
the
presidential
slate
with
the
largest
national
10
popular
vote
total
as
the
“national
popular
vote
winner”
.
11
c.
The
presidential
elector
certifying
official
of
each
12
member
state
shall
certify
the
appointment
in
that
official’s
13
own
state
of
the
elector
slate
nominated
in
that
state
in
14
association
with
the
national
popular
vote
winner.
15
d.
At
least
six
days
before
the
day
fixed
by
law
for
the
16
meeting
and
voting
by
the
presidential
electors,
each
member
17
state
shall
make
a
final
determination
of
the
number
of
popular
18
votes
cast
in
the
state
for
each
presidential
slate
and
shall
19
communicate
an
official
statement
of
such
determination
within
20
twenty-four
hours
to
the
chief
election
official
of
each
other
21
member
state.
22
e.
The
chief
election
official
of
each
member
state
shall
23
treat
as
conclusive
an
official
statement
containing
the
number
24
of
popular
votes
in
a
state
for
each
presidential
slate
made
by
25
the
day
established
by
federal
law
for
making
a
state’s
final
26
determination
conclusive
as
to
the
counting
of
electoral
votes
27
by
Congress.
28
f.
In
event
of
a
tie
for
the
national
popular
vote
winner,
29
the
presidential
elector
certifying
official
of
each
member
30
state
shall
certify
the
appointment
of
the
elector
slate
31
nominated
in
association
with
the
presidential
slate
receiving
32
the
largest
number
of
popular
votes
within
that
official’s
own
33
state.
34
g.
If,
for
any
reason,
the
number
of
presidential
electors
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nominated
in
a
member
state
in
association
with
the
national
1
popular
vote
winner
is
less
than
or
greater
than
that
state’s
2
number
of
electoral
votes,
the
presidential
candidate
on
3
the
presidential
slate
that
has
been
designated
as
the
4
national
popular
vote
winner
shall
have
the
power
to
nominate
5
the
presidential
electors
for
that
state
and
that
state’s
6
presidential
elector
certifying
official
shall
certify
the
7
appointment
of
such
nominees.
8
h.
The
chief
election
official
of
each
member
state
shall
9
immediately
release
to
the
public
all
vote
counts
or
statements
10
of
votes
as
they
are
determined
or
obtained.
11
i.
This
article
shall
govern
the
appointment
of
presidential
12
electors
in
each
member
state
in
any
year
in
which
this
13
agreement
is,
on
July
20,
in
effect
in
states
cumulatively
14
possessing
a
majority
of
the
electoral
votes.
15
4.
Article
IV
——
Other
provisions.
16
a.
This
agreement
shall
take
effect
when
states
cumulatively
17
possessing
a
majority
of
the
electoral
votes
have
enacted
this
18
agreement
in
substantially
the
same
form
and
the
enactments
by
19
such
states
have
taken
effect
in
each
state.
20
b.
Any
member
state
may
withdraw
from
this
agreement,
except
21
that
a
withdrawal
occurring
six
months
or
less
before
the
22
end
of
a
president’s
term
shall
not
become
effective
until
a
23
president
or
vice
president
shall
have
been
qualified
to
serve
24
the
next
term.
25
c.
The
chief
executive
of
each
member
state
shall
promptly
26
notify
the
chief
executives
of
all
other
states
of
when
27
this
agreement
has
been
enacted
and
has
taken
effect
in
that
28
official’s
state,
when
the
state
has
withdrawn
from
this
29
agreement,
and
when
this
agreement
takes
effect
generally.
30
d.
This
agreement
shall
terminate
if
the
electoral
college
31
is
abolished.
32
e.
If
any
provision
of
this
agreement
is
held
invalid,
the
33
remaining
provisions
shall
not
be
affected.
34
5.
Article
V
——
Definitions.
For
purposes
of
this
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agreement:
1
a.
“Chief
election
official”
shall
mean
the
state
official
2
or
body
that
is
authorized
to
certify
the
total
number
of
3
popular
votes
for
each
presidential
slate.
4
b.
“Chief
executive”
shall
mean
the
governor
of
a
state
of
5
the
United
States
or
the
mayor
of
the
District
of
Columbia.
6
c.
“Elector
slate”
shall
mean
a
slate
of
candidates
who
7
have
been
nominated
in
a
state
for
the
position
of
presidential
8
elector
in
association
with
a
presidential
slate.
9
d.
“Presidential
elector”
shall
mean
an
elector
for
10
president
and
vice
president
of
the
United
States.
11
e.
“Presidential
elector
certifying
official”
shall
mean
12
the
state
official
or
body
that
is
authorized
to
certify
the
13
appointment
of
the
state’s
presidential
electors.
14
f.
“Presidential
slate”
shall
mean
a
slate
of
two
persons,
15
the
first
of
whom
has
been
nominated
as
a
candidate
for
16
president
of
the
United
States
and
the
second
of
whom
has
been
17
nominated
as
a
candidate
for
vice
president
of
the
United
18
States,
or
any
legal
successors
to
such
persons,
regardless
of
19
whether
both
names
appear
on
the
ballot
presented
to
the
voter
20
in
a
particular
state.
21
g.
“State”
shall
mean
a
state
of
the
United
States
and
the
22
District
of
Columbia.
23
h.
“Statewide
popular
election”
shall
mean
a
general
24
election
in
which
votes
are
cast
for
presidential
slates
by
25
individual
voters
and
counted
on
a
statewide
basis.
26
EXPLANATION
27
This
bill
creates
a
compact
for
the
state
of
Iowa
whereby
28
the
state
agrees
to
certify
its
electors
for
president
of
the
29
United
States
based
on
the
national
popular
vote
for
president,
30
rather
than
on
the
popular
vote
for
president
within
the
state.
31
The
agreement
is
cited
in
the
bill
as
the
“National
Popular
32
Vote
Compact”.
To
take
effect,
the
compact
must
be
enacted
by
33
any
number
of
states
whose
electoral
votes,
in
the
aggregate,
34
constitute
a
majority
of
the
entire
number
of
electoral
votes
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nationally.
The
compact
provides
that
any
member
state
may
1
withdraw
from
the
compact.
However,
if
a
withdrawal
occurs
2
six
months
or
less
before
the
end
of
a
president’s
term,
3
the
withdrawal
shall
not
take
effect
until
a
president
has
4
qualified
to
serve
the
next
term.
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