HB 177

            
2020 SESSION


20107262D

HOUSE BILL NO. 177

AMENDMENT IN THE NATURE OF A SUBSTITUTE

(Proposed by the House Committee on Privileges and Elections

on February 7, 2020)

(Patrons Prior to Substitute--Delegates Levine and Price [HB
199])

A BILL to amend the Code of Virginia by adding in Chapter 2 of
Title 24.2 an article numbered 2.1, consisting of sections numbered 24.2-209.1
and 24.2-209.2, relating to the presidential electors and the Agreement Among
the States to Elect the President by National Popular Vote Compact.

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding in Chapter
2 of Title 24.2 an article numbered 2.1, consisting of sections numbered
24.2-209.1 and 24.2-209.2, as follows:

Article 2.1.

Agreement Among the States to Elect the President by
National Popular Vote.

� 24.2-209.1. Agreement Among the States to Elect the
President by National Popular Vote; form of compact.

The Agreement Among the States to Elect the President by
National Popular Vote is enacted into law and entered into with all other
jurisdictions legally joining therein in the form substantially as follows:

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 officials 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 states 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 officials 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 states 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 states 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 Presidents
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 officials 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 election official" shall mean the state
official or body that is authorized to certify the total number of popular
votes for each presidential slate.

"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.

"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 states 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.

"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.

� 24.2-209.2. Appointment of presidential electors pursuant
to Agreement.

When the Agreement Among the States to Elect the President
by National Popular Vote governs the appointment of presidential electors for a
presidential election as provided in the ninth clause of Article III of that
Agreement, as provided for in Article 2.1, the provisions of that Agreement
shall supersede any conflicting provisions of the laws of the Commonwealth.