As Introduced

127th General Assembly Regular Session 2007-2008

H. B. No. 524

Representative Sykes 

Cosponsors: Representatives Williams, S., Otterman, J., Skindell, Boyd, Brown, Letson 

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A BILL

To amend sections 3505.39 and 3505.40 and to enact

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section 3505.381 of the Revised Code to adopt the

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Agreement Among the States to Elect the President

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by National Popular Vote.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1.  That sections 3505.39 and 3505.40 be amended and	5
section 3505.381 of the Revised Code be enacted to read as	6
follows:	7

Sec. 3505.381.  The "Agreement Among the States to Elect the	8
President by National Popular Vote" is intended to permit states	9
to join together to establish an interstate compact to elect the	10
president of the United States based upon the national popular	11
vote. Pursuant to terms and conditions of this section, the state	12
of Ohio seeks to join with other states to enact the Agreement	13
Among the States to Elect the President by National Popular Vote.	14

The "Agreement Among the States to Elect the President by	15
National Popular Vote" is hereby enacted into law and entered into	16
with all other states which have legally joined therein:	17

"Agreement Among the States to Elect the	18

President by National Popular Vote"	19

Article I. Membership

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Any state of the United States and the District of Columbia	21
may become a member of this agreement by enacting this agreement.	22

Article II. Right of the People in Member States to Vote for	23
President and Vice-President	24

Each member state shall conduct a statewide popular election	25
for president and vice-president of the United States.	26

Article III. Manner of Appointing Presidential Electors in	27
Member States	28

Prior to the time set by law for the meeting and voting by	29
the presidential electors, the chief election official of each	30
member state shall determine the number of votes for each	31
presidential slate in each state of the United States and in the	32
District of Columbia in which votes have been cast in a statewide	33
popular election and shall add such votes together to produce a	34
"national popular vote total" for each presidential slate.	35

The chief election official of each member state shall	36
designate the presidential slate with the largest national popular	37
vote total as the "national popular vote winner."	38

The presidential elector certifying official of each member	39
state shall certify the appointment in that official's own state	40
of the elector slate nominated in that state in association with	41
the national popular vote winner.	42

At least six days before the day fixed by law for the meeting	43
and voting by the presidential electors, each member state shall	44
make a final determination of the number of popular votes cast in	45
the state for each presidential slate and shall communicate an	46
official statement of such determination within twenty-four hours	47
to the chief election official of each other member state.	48

The chief election official of each member state shall treat	49
as conclusive an official statement containing the number of	50
popular votes in a state for each presidential slate made by the	51
day established by federal law for making a state's final	52
determination conclusive as to the counting of electoral votes by	53
Congress.	54

In event of a tie for the national popular vote winner, the	55
presidential elector certifying official of each member state	56
shall certify the appointment of the elector slate nominated in	57
association with the presidential slate receiving the largest	58
number of popular votes within that official's own state.	59

If, for any reason, the number of presidential electors	60
nominated in a member state in association with the national	61
popular vote winner is less than or greater than that state's	62
number of electoral votes, the presidential candidate on the	63
presidential slate that has been designated as the national	64
popular vote winner shall have the power to nominate the	65
presidential electors for that state and that state's presidential	66
elector certifying official shall certify the appointment of such	67
nominees.	68

The chief election official of each member state shall	69
immediately release to the public all vote counts or statements of	70
votes as they are determined or obtained.	71

This article shall govern the appointment of presidential	72
electors in each member state in any year in which this agreement	73
is, on July 20, in effect in states cumulatively possessing a	74
majority of the electoral votes.	75

Article IV. Other Provisions

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This agreement shall take effect when states cumulatively	77
possessing a majority of the electoral votes have enacted this	78
agreement in substantially the same form and the enactments by	79
such states have taken effect in each state.	80

Any member state may withdraw from this agreement, except	81
that a withdrawal occurring six months or less before the end of a	82
president's term shall not become effective until a president or	83
vice-president shall have been qualified to serve the next term.	84

The chief executive of each member state shall promptly	85
notify the chief executive of all other states of when this	86
agreement has been enacted and has taken effect in that official's	87
state, when the state has withdrawn from this agreement, and when	88
this agreement takes effect generally.	89

This agreement shall terminate if the electoral college is	90
abolished.	91

If any provision of this agreement is held invalid, the	92
remaining provisions shall not be affected.	93

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	96
the United States or the mayor of the District of Columbia;	97

(B) "Elector slate" shall mean a slate of candidates who have	98
been nominated in a state for the position of presidential elector	99
in association with a presidential slate;	100

(C) "Chief election official" shall mean the state official	101
or body that is authorized to certify the total number of popular	102
votes for each presidential slate;	103

(D) "Presidential elector" shall mean an elector for	104
president and vice-president of the United States;	105

(E) "Presidential elector certifying official" shall mean the	106
state official or body that is authorized to certify the	107
appointment of the state's presidential electors;	108

(F) "Presidential slate" shall mean a slate of two persons,	109
the first of whom has been nominated as a candidate for president	110
of the United States and the second of whom has been nominated as	111
a candidate for vice-president of the United States, or any legal	112
successors to such persons, regardless of whether both names	113
appear on the ballot presented to the voter in a particular state;	114

(G) "State" shall mean a state of the United States and the	115
District of Columbia;	116

(H) "Statewide popular election" shall mean a general	117
election in which votes are cast for presidential slates by	118
individual voters and counted on a statewide basis.	119

Sec. 3505.39. The(A)(1) If the agreement among the states	120
to elect the president by national popular vote, enacted in	121
section 3505.381 of the Revised Code, does not govern the	122
appointment of presidential electors as provided in Article III of	123
that agreement, the secretary of state shall immediately upon the	124
completion of the canvass of election returns mail to each	125
presidential elector so elected a certificate of his election and	126
shall notify himthe elector to attend, at a place in the state	127
capitol which the secretary of state shall select, at twelve noon	128
on the day designated by the congress of the United States, a	129
meeting of the state's presidential electors for the purpose of	130
discharging the duties enjoined on them by the constitution of the	131
United States. The secretary of state, ten days prior to such	132
meeting, shall by letter remind each such elector of the meeting	133
to be held for casting the vote of the state for president and	134
vice-president of the United States. Each such	135

(2) If the agreement among the states to elect the president	136
by national popular vote, enacted in section 3505.381 of the	137
Revised Code, governs the appointment of presidential electors as	138
provided in Article III of that agreement, the secretary of state	139
shall determine the winner of the national popular vote for	140
president and vice-president of the United States, certify the	141
appointment of the elector slate nominated in association with the	142
winner of the national popular vote, and follow the procedures in	143
section 3505.381 for notification of the elector slate. The	144
presidential electors so appointed shall attend, at a place in the	145
state capitol which the secretary of state shall select, at twelve	146
noon on the day designated by the congress of the United States, a	147
meeting of the state's presidential electors for the purpose of	148
discharging the duties enjoined on them by the Constitution of the	149
United States.	150

(B) Each presidential elector elected or appointed pursuant	151
to division (A) of this section shall give notice to the secretary	152
of state before nine a.m. of that day whether or not hethe	153
elector will be present at the appointed hour ready to perform his	154
the duties as a presidential elector. If at twelve noon at the	155
place selected by the secretary of state presidential electors	156
equal in number to the whole number of senators and	157
representatives to which the state may at the time be entitled in	158
the congress of the United States, are not present, the	159
presidential electors present shall immediately proceed, in the	160
presence of the governor and secretary of state, to appoint by	161
ballot such number of persons to serve as presidential electors so	162
that the number of duly elected presidential electors present at	163
such time and place plus the presidential electors so appointed	164
shall be equal in number to the whole number of senators and	165
representatives to which the state is at that time entitled in the	166
congress of the United States; provided, that each such	167
appointment shall be made by a separate ballot, and that all	168
appointments to fill vacancies existing because duly elected	169
presidential electors are not present shall be made before other	170
appointments are made, and that in making each such appointment	171
the person appointed shall be of the same political party as the	172
duly elected presidential elector whose absence requires such	173
appointment to be made. In case of a tie vote the governor shall	174
determine the results by lot. The electors making such	175
appointments shall certify forthwith to the secretary of state the	176
names of the persons so appointed and the secretary of state shall	177
immediately issue to such appointees certificates of their	178
appointment and notify them thereof. All of the state's	179
presidential electors, both those duly elected who are then	180
present and those appointed as herein provided, shall then meet	181
and organize by electing one of their number as chairman	182
chairperson and by designating the secretary of state as ex	183
officio secretary and shall then and there discharge all of the	184
duties enjoined upon presidential electors by the constitution and	185
laws of the United States. Each presidential elector shall receive	186
ten dollars for each day's attendance in Columbus as such and	187
mileage at the rate of ten cents per mile for the estimated	188
distance by the usual route from histhe elector's place of	189
residence to Columbus. Such compensation and mileage shall be upon	190
vouchers issued by the secretary of state, and shall be paid by	191
the treasurer of state out of the general fund.	192

Sec. 3505.40.  A presidential elector elected at a general	193
election or appointed pursuant to section 3505.381 or 3505.39 of	194
the Revised Code shall, when discharging the duties enjoined upon	195
himthe elector by the constitution or laws of the United States,	196
cast histhe elector's electoral vote for the nominees for	197
president and vice-president of the political party which	198
certified himthe elector to the secretary of state as a	199
presidential elector pursuant to law.	200

Section 2.  That existing sections 3505.39 and 3505.40 of the	201
Revised Code are hereby repealed.	202