Illinois General Assembly - Full Text of Public Act 095-0714
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Public Act 095-0714


 

Public Act 0714 95TH GENERAL ASSEMBLY



 


 
Public Act 095-0714
 
HB1685 Enrolled LRB095 08857 JAM 29043 b

    AN ACT concerning elections.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 1. Short title. This Act may be cited as the
Agreement Among the States to Elect the President by National
Popular Vote Act.
 
    Section 5. Ratification and approval of compact. The State
of Illinois ratifies and approves the following compact:
 
"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
    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
24 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.
 
Article V-Definitions
    For purposes of this agreement, "chief executive" shall
mean the Governor of a State of the United States or the Mayor
of the District of Columbia;
    "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;
    "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;
    "presidential elector" shall mean an elector for President
and Vice President of the United States;
    "presidential elector certifying official" shall mean the
state official or body that is authorized to certify the
appointment of the state's presidential electors;
    "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;
    "state" shall mean a State of the United States and the
District of Columbia; and
    "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.".
 
    Section 10. Enforcement. The agencies and officers of this
State and its subdivisions shall enforce this compact and do
all things appropriate to effect its purpose and intent that
may be within their respective jurisdictions.

Effective Date: 1/1/2009