HB2720 - Relating to the adoption of the Agreement Among the States to Elect the President by National Popular Vote.

  89R5310 LRM-F     By: Anchía H.B. No. 2720       A BILL TO BE ENTITLED   AN ACT   relating to the adoption of the Agreement Among the States to Elect   the President by National Popular Vote.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Title 11, Election Code, is amended by adding   Chapter 193 to read as follows:   CHAPTER 193. AGREEMENT AMONG THE STATES TO ELECT THE PRESIDENT BY   NATIONAL POPULAR VOTE           Sec.   193.001.     EXECUTION OF INTERSTATE COMPACT. This state   enters into an agreement with all other states legally joining in   the agreement in substantially the following form:   AGREEMENT AMONG THE STATES TO ELECT THE PRESIDENT BY NATIONAL   POPULAR VOTE   ARTICLE I. MEMBERSHIP           Any State of the United States and the District of Columbia   may become a member of this agreement by enacting this agreement.   ARTICLE II. RIGHT OF THE PEOPLE IN MEMBER STATES TO VOTE FOR   PRESIDENT AND VICE PRESIDENT           Each member state shall conduct a statewide popular election   for President and Vice President of the United States.   ARTICLE III. MANNER OF APPOINTING PRESIDENTIAL ELECTORS IN MEMBER   STATES           A.     Prior to the time set by law for the meeting and voting by   the presidential electors, the chief election official of each   member state shall determine the number of votes for each   presidential slate in each State of the United States and in the   District of Columbia in which votes have been cast in a statewide   popular election and shall add such votes together to produce a   "national popular vote total" for each presidential slate.           B.     The chief election official of each member state shall   designate the presidential slate with the largest national popular   vote total as the "national popular vote winner."           C.     The presidential elector certifying official of each   member state shall certify the appointment in that official's own   state of the elector slate nominated in that state in association   with the national popular vote winner.           D.     At least six days before the day fixed by law for the   meeting and voting by the presidential electors, each member state   shall make a final determination of the number of popular votes cast   in the state for each presidential slate and shall communicate an   official statement of such determination within 24 hours to the   chief election official of each other member state.           E.     The chief election official of each member state shall   treat as conclusive an official statement containing the number of   popular votes in a state for each presidential slate made by the day   established by federal law for making a state's final determination   conclusive as to the counting of electoral votes by Congress.           F.     In event of a tie for the national popular vote winner,   the presidential elector certifying official of each member state   shall certify the appointment of the elector slate nominated in   association with the presidential slate receiving the largest   number of popular votes within that official's own state.           G.     If, for any reason, the number of presidential electors   nominated in a member state in association with the national   popular vote winner is less than or greater than that state's number   of electoral votes, the presidential candidate on the presidential   slate that has been designated as the national popular vote winner   shall have the power to nominate the presidential electors for that   state and that state's presidential elector certifying official   shall certify the appointment of such nominees.           H.     The chief election official of each member state shall   immediately release to the public all vote counts or statements of   votes as they are determined or obtained.           I.     This article shall govern the appointment of   presidential electors in each member state in any year in which this   agreement is, on July 20, in effect in states cumulatively   possessing a majority of the electoral votes.   ARTICLE IV. OTHER PROVISIONS           A.     This agreement shall take effect when states   cumulatively possessing a majority of the electoral votes have   enacted this agreement in substantially the same form and the   enactments by such states have taken effect in each state.           B.     Any member state may withdraw from this agreement, except   that a withdrawal occurring six months or less before the end of a   President's term shall not become effective until a President or   Vice President shall have been qualified to serve the next term.           C.     The chief executive of each member state shall promptly   notify the chief executive of all other states of when this   agreement has been enacted and has taken effect in that official's   state, when the state has withdrawn from this agreement, and when   this agreement takes effect generally.           D.     This agreement shall terminate if the electoral college   is abolished.           E.     If any provision of this agreement is held invalid, the   remaining provisions shall not be affected.   ARTICLE V. DEFINITIONS           For purposes of this agreement,           A.     "chief executive" shall mean the Governor of a State of   the United States or the Mayor of the District of Columbia;           B.     "elector slate" shall mean a slate of candidates who have   been nominated in a state for the position of presidential elector   in association with a presidential slate;           C.     "chief election official" shall mean the state official   or body that is authorized to certify the total number of popular   votes for each presidential slate;           D.     "presidential elector" shall mean an elector for   President and Vice President of the United States;           E.     "presidential elector certifying official" shall mean   the state official or body that is authorized to certify the   appointment of the state's presidential electors;           F.     "presidential slate" shall mean a slate of two persons,   the first of whom has been nominated as a candidate for President of   the United States and the second of whom has been nominated as a   candidate for Vice President of the United States, or any legal   successors to such persons, regardless of whether both names appear   on the ballot presented to the voter in a particular state;           G.     "state" shall mean a State of the United States and the   District of Columbia; and           H.     "statewide popular election" shall mean a general   election in which votes are cast for presidential slates by   individual voters and counted on a statewide basis.           Sec.   193.002.     EFFECT OF TEXAS LAWS. If the laws of this   state conflict with the compact, the compact controls, except that   in the event of a conflict between the compact and the Texas   Constitution, as determined by the courts of this state, the Texas   Constitution controls.          SECTION 2.  This Act takes effect September 1, 2025.