Text: SF226            Text: SF228
Complete Bill History


Senate File 227

SENATE FILE BY COMMITTEE ON STATE GOVERNMENT (SUCCESSOR TO SSB 1128) Passed Senate, Date Passed House, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act relating to an agreement among the states to elect the 2 president by national popular vote and providing an effective 3 date. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 1749SV 83 6 sc/nh/14 PAG LIN 1 1 Section 1. Section 50.45, Code 2009, is amended to read as 1 2 follows: 1 3 50.45 CANVASS PUBLIC == RESULT DETERMINED. 1 4 1. All canvasses of tally lists shall be public, and the 1 5 persons having the greatest number of votes shall be declared 1 6 elected, except that in any year in which the appointment of 1 7 presidential electors is governed by the national popular vote 1 8 compact set forth in section 54.10, the persons that shall be 1 9 declared elected to the position of presidential elector shall 1 10 be the persons specified in the national popular vote compact. 1 11 2. When a public measure has been submitted to the 1 12 electors, the proposition shall be declared to have been 1 13 adopted if the vote cast in favor of the question is greater 1 14 than fifty percent of the total vote cast in favor and against 1 15 the question, unless laws pertaining specifically to the 1 16 public measure election establish a higher percentage of a 1 17 favorable vote. All ballots cast and not counted as a vote in 1 18 favor or against the proposition shall not be used in 1 19 computing the total vote cast in favor and against the 1 20 proposition. 1 21 Sec. 2. NEW SECTION. 54.10 AGREEMENT AMONG THE STATES TO 1 22 ELECT THE PRESIDENT BY NATIONAL POPULAR VOTE. 1 23 The agreement among the states to elect the president by 1 24 national popular vote may be cited as the "National Popular 1 25 Vote Compact". The national popular vote compact is entered 1 26 into and enacted into law with each other state that has 1 27 enacted the compact in substantially the following form: 1 28 1. ARTICLE I == MEMBERSHIP. Any state of the United 1 29 States and the District of Columbia may become a member of 1 30 this agreement by enacting this agreement. 1 31 2. ARTICLE II == RIGHT OF THE PEOPLE IN MEMBER STATES TO 1 32 VOTE FOR PRESIDENT AND VICE PRESIDENT. Each member state 1 33 shall conduct a statewide popular election for president and 1 34 vice president of the United States. 1 35 3. ARTICLE III == MANNER OF APPOINTING PRESIDENTIAL 2 1 ELECTORS IN MEMBER STATES. 2 2 a. Prior to the time set by law for the meeting and voting 2 3 by the presidential electors, the chief election official of 2 4 each member state shall determine the number of votes for each 2 5 presidential slate in each state of the United States and in 2 6 the District of Columbia in which votes have been cast in a 2 7 statewide popular election and shall add such votes together 2 8 to produce a "national popular vote total" for each 2 9 presidential slate. 2 10 b. The chief election official of each member state shall 2 11 designate the presidential slate with the largest national 2 12 popular vote total as the "national popular vote winner". 2 13 c. The presidential elector certifying official of each 2 14 member state shall certify the appointment in that official's 2 15 own state of the elector slate nominated in that state in 2 16 association with the national popular vote winner. 2 17 d. At least six days before the day fixed by law for the 2 18 meeting and voting by the presidential electors, each member 2 19 state shall make a final determination of the number of 2 20 popular votes cast in the state for each presidential slate 2 21 and shall communicate an official statement of such 2 22 determination within twenty=four hours to the chief election 2 23 official of each other member state. 2 24 e. The chief election official of each member state shall 2 25 treat as conclusive an official statement containing the 2 26 number of popular votes in a state for each presidential slate 2 27 made by the day established by federal law for making a 2 28 state's final determination conclusive as to the counting of 2 29 electoral votes by Congress. 2 30 f. In event of a tie for the national popular vote winner, 2 31 the presidential elector certifying official of each member 2 32 state shall certify the appointment of the elector slate 2 33 nominated in association with the presidential slate receiving 2 34 the largest number of popular votes within that official's own 2 35 state. 3 1 g. If, for any reason, the number of presidential electors 3 2 nominated in a member state in association with the national 3 3 popular vote winner is less than or greater than that state's 3 4 number of electoral votes, the presidential candidate on the 3 5 presidential slate that has been designated as the national 3 6 popular vote winner shall have the power to nominate the 3 7 presidential electors for that state and that state's 3 8 presidential elector certifying official shall certify the 3 9 appointment of such nominees. 3 10 h. The chief election official of each member state shall 3 11 immediately release to the public all vote counts or 3 12 statements of votes as they are determined or obtained. 3 13 i. This article shall govern the appointment of 3 14 presidential electors in each member state in any year in 3 15 which this agreement is, on July 20, in effect in states 3 16 cumulatively possessing a majority of the electoral votes. 3 17 4. ARTICLE IV == OTHER PROVISIONS. 3 18 a. This agreement shall take effect when states 3 19 cumulatively possessing a majority of the electoral votes have 3 20 enacted this agreement in substantially the same form and the 3 21 enactments by such states have taken effect in each state. 3 22 b. Any member state may withdraw from this agreement, 3 23 except that a withdrawal occurring six months or less before 3 24 the end of a president's term shall not become effective until 3 25 a president or vice president shall have been qualified to 3 26 serve the next term. 3 27 c. The chief executive of each member state shall promptly 3 28 notify the chief executives of all other states of when this 3 29 agreement has been enacted and has taken effect in that 3 30 official's state, when the state has withdrawn from this 3 31 agreement, and when this agreement takes effect generally. 3 32 d. This agreement shall terminate if the electoral college 3 33 is abolished. 3 34 e. If any provision of this agreement is held invalid, the 3 35 remaining provisions shall not be affected. 4 1 5. ARTICLE V == DEFINITIONS. For purposes of this 4 2 agreement: 4 3 a. "Chief election official" shall mean the state official 4 4 or body that is authorized to certify the total number of 4 5 popular votes for each presidential slate. 4 6 b. "Chief executive" shall mean the governor of a state of 4 7 the United States or the mayor of the District of Columbia. 4 8 c. "Elector slate" shall mean a slate of candidates who 4 9 have been nominated in a state for the position of 4 10 presidential elector in association with a presidential slate. 4 11 d. "Presidential elector" shall mean an elector for 4 12 president and vice president of the United States. 4 13 e. "Presidential elector certifying official" shall mean 4 14 the state official or body that is authorized to certify the 4 15 appointment of the state's presidential electors. 4 16 f. "Presidential slate" shall mean a slate of two persons, 4 17 the first of whom has been nominated as a candidate for 4 18 president of the United States and the second of whom has been 4 19 nominated as a candidate for vice president of the United 4 20 States, or any legal successors to such persons, regardless of 4 21 whether both names appear on the ballot presented to the voter 4 22 in a particular state. 4 23 g. "State" shall mean a state of the United States and the 4 24 District of Columbia. 4 25 h. "Statewide popular election" shall mean a general 4 26 election in which votes are cast for presidential slates by 4 27 individual voters and counted on a statewide basis. 4 28 EXPLANATION 4 29 This bill creates a compact for the state of Iowa whereby 4 30 the state agrees to certify its electors for president of the 4 31 United States based on the national popular vote for 4 32 president, rather than on the popular vote for president 4 33 within the state. The agreement is cited in the bill as the 4 34 "National Popular Vote Compact". To take effect, the compact 4 35 must be enacted by any number of states whose electoral votes, 5 1 in the aggregate, constitute a majority of the entire number 5 2 of electoral votes nationally. The compact provides that any 5 3 member state may withdraw from the compact. However, if a 5 4 withdrawal occurs six months or less before the end of a 5 5 president's term, the withdrawal shall not take effect until a 5 6 president has qualified to serve the next term. 5 7 LSB 1749SV 83 5 8 sc/nh/14
Text: SF226            Text: SF228 Complete Bill History