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Public Act 095-0714 |
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AN ACT concerning elections.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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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;
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"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. |