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H. B. No. 524 As IntroducedAs Introduced
127th General Assembly | Regular Session | 2007-2008 |
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Cosponsors:
Representatives Williams, S., Otterman, J., Skindell, Boyd, Brown, Letson
A BILL
To amend sections 3505.39 and 3505.40 and to enact
section 3505.381 of the Revised Code to adopt the
Agreement Among the States to Elect the President
by National Popular Vote.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3505.39 and 3505.40 be amended and
section 3505.381 of the Revised Code be enacted to read as
follows:
Sec. 3505.381. The "Agreement Among the States to Elect the
President by National Popular Vote" is intended to permit states
to join together to establish an interstate compact to elect the
president of the United States based upon the national popular
vote. Pursuant to terms and conditions of this section, the state
of Ohio seeks to join with other states to enact the Agreement
Among the States to Elect the President by National Popular Vote.
The "Agreement Among the States to Elect the President by
National Popular Vote" is hereby enacted into law and entered into
with all other states which have legally joined therein:
"Agreement Among the States to Elect the
President by National Popular Vote"
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
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.
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."
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.
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 twenty-four hours
to the chief election official of each other member state.
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.
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.
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.
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.
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
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.
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.
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.
This agreement shall terminate if the electoral college is
abolished.
If any provision of this agreement is held invalid, the
remaining provisions shall not be affected.
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;
(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. 3505.39. The (A)(1) If the agreement among the states
to elect the president by national popular vote, enacted in
section 3505.381 of the Revised Code, does not govern the
appointment of presidential electors as provided in Article III of
that agreement, the secretary of state shall immediately
upon the
completion of the canvass of election returns mail to
each
presidential elector so elected a certificate of his
election and
shall notify him the elector to attend, at a place
in the state
capitol which the secretary of state shall select, at twelve noon
on the day designated by the congress of the United States, a
meeting of the state's presidential electors for the purpose of
discharging the duties enjoined on them by the constitution of
the
United States. The secretary of state, ten days prior to
such
meeting, shall by letter remind each such elector of the
meeting
to be held for casting the vote of the state for
president and
vice-president of the United States. Each such
(2) If the agreement among the states to elect the president
by national popular vote, enacted in section 3505.381 of the
Revised Code, governs the appointment of presidential electors as
provided in Article III of that agreement, the secretary of state
shall determine the winner of the national popular vote for
president and vice-president of the United States, certify the
appointment of the elector slate nominated in association with the
winner of the national popular vote, and follow the procedures in
section 3505.381 for notification of the elector slate. The
presidential electors so appointed shall attend, at a place in the
state capitol which the secretary of state shall select, at twelve
noon on the day designated by the congress of the United States, a
meeting of the state's presidential electors for the purpose of
discharging the duties enjoined on them by the Constitution of the
United States.
(B) Each presidential
elector elected or appointed pursuant
to division (A) of this section shall give notice to the secretary
of state before nine
a.m. of that day whether or not he the
elector will be present
at the
appointed hour ready to perform his
the duties as a presidential
elector. If at twelve noon at the
place selected by the
secretary of state presidential electors
equal in number to the
whole number of senators and
representatives to which the state
may at the time be entitled in
the congress of the United States,
are not present, the
presidential electors present shall
immediately proceed, in the
presence of the governor and
secretary of state, to appoint by
ballot such number of persons
to serve as presidential electors so
that the number of duly
elected presidential electors present at
such time and place plus
the presidential electors so appointed
shall be equal in number
to the whole number of senators and
representatives to which the
state is at that time entitled in the
congress of the United
States; provided, that each such
appointment shall be made by a
separate ballot, and that all
appointments to fill vacancies
existing because duly elected
presidential electors are not
present shall be made before other
appointments are made, and
that in making each such appointment
the person appointed shall
be of the same political party as the
duly elected presidential
elector whose absence requires such
appointment to be made. In
case of a tie vote the governor shall
determine the results by
lot. The electors making such
appointments shall certify
forthwith to the secretary of state the
names of the persons so
appointed and the secretary of state shall
immediately issue to
such appointees certificates of their
appointment and notify them
thereof. All of the state's
presidential electors, both those
duly elected who are then
present and those appointed as herein
provided, shall then meet
and organize by electing one of their
number as chairman
chairperson and by designating the secretary
of state as
ex
officio secretary and shall then and there discharge all of
the
duties enjoined upon presidential electors by the
constitution and
laws of the United States. Each presidential
elector shall receive
ten dollars for each day's attendance in
Columbus as such and
mileage at the rate of ten cents per mile
for the estimated
distance by the usual route from his the
elector's place of
residence to Columbus. Such compensation and mileage shall be
upon
vouchers issued by the secretary of state, and shall be paid
by
the treasurer of state out of the general fund.
Sec. 3505.40. A presidential elector elected at a general
election or
appointed pursuant to section 3505.381 or 3505.39 of
the Revised Code shall, when
discharging the duties enjoined upon
him the elector by the
constitution or laws of the
United States,
cast his the elector's electoral vote for the
nominees for
president and
vice-president of the political party which
certified him the
elector to the secretary of
state as a
presidential elector pursuant to law.
Section 2. That existing sections 3505.39 and 3505.40 of the
Revised Code are hereby repealed.
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