Session of 2021 SENATE BILL No. 188

By Senator Haley 2-9

1 AN ACT concerning ; enacting the interstate compact on the 2 agreement among the states to elect the president by national popular 3 vote; amending K.S.A. 25-802 and 25-804 and repealing the existing 4 sections. 5 6 Be it enacted by the Legislature of the State of Kansas: 7 New Section 1. This act may be cited as the interstate compact on the 8 agreement among the states to elect the president by national popular vote. 9 ARTICLE I. MEMBERSHIP 10 Any state of the United States and the District of Columbia may 11 become a member of this agreement by enacting this agreement. 12 ARTICLE II. RIGHT OF THE PEOPLE IN MEMBER STATES TO 13 VOTE FOR PRESIDENT AND VICE-PRESIDENT 14 Each member state shall conduct a statewide popular for 15 president and vice-president of the United States. 16 ARTICLE III. MANNER OF APPOINTING PRESIDENTIAL 17 ELECTORS IN MEMBER STATES 18 1. Prior to the time set by law for the meeting and by the 19 presidential electors, the chief election official of each member state shall 20 determine the number of votes for each presidential slate in each state of 21 the United States and in the District of Columbia in which votes have been 22 cast in a statewide popular election and shall add such votes together to 23 produce a "national popular vote total" for each presidential slate. 24 2. The chief election official of each member state shall designate the 25 presidential slate with the largest national popular vote total as the 26 "national popular vote winner." 27 3. The presidential elector certifying official of each member state 28 shall certify the appointment in that official's own state of the elector slate 29 nominated in that state in association with the national popular vote 30 winner. 31 4. At least six days before the day fixed by law for the meeting and 32 voting by the presidential electors, each member state shall make a final 33 determination of the number of popular votes cast in the state for each 34 presidential slate and shall communicate an official statement of such 35 determination within 24 hours to the chief election official of each other 36 member state. SB 188 2

1 5. The chief election official of each member state shall treat as 2 conclusive an official statement containing the number of popular votes in 3 a state for each presidential slate made by the day established by federal 4 law for making a state's final determination conclusive as to the counting 5 of electoral votes by congress. 6 6. In the event of a tie for the national popular vote winner, the 7 presidential elector certifying official of each member state shall certify 8 the appointment of the elector slate nominated in association with the 9 presidential slate receiving the largest number of popular votes within that 10 official's own state. 11 7. If, for any reason, the number of presidential electors nominated in 12 a member state in association with the national popular vote winner is less 13 than or greater than that state's number of electoral votes, the presidential 14 candidate on the presidential slate that has been designated as the national 15 popular vote winner shall have the power to nominate the presidential 16 electors for that state and that state's presidential elector certifying official 17 shall certify the appointment of such nominees. 18 8. The chief election official of each member state shall immediately 19 release to the public all vote counts or statements of votes as they are 20 determined or obtained. 21 9. This article shall govern the appointment of presidential electors in 22 each member state in any year in which this agreement is, on July 20, in 23 effect in states cumulatively possessing a majority of the electoral votes. 24 ARTICLE IV. OTHER PROVISIONS 25 1. This agreement shall take effect when states cumulatively 26 possessing a majority of the electoral votes have enacted this agreement in 27 substantially the same form and the enactments by such states have taken 28 effect in each state. 29 2. Any member state may withdraw from this agreement, except that 30 a withdrawal occurring six months or less before the end of a president's 31 term shall not become effective until a president or vice-president shall 32 have been qualified to serve the next term. 33 3. The chief executive of each member state shall promptly notify the 34 chief executive of all other states of when this agreement has been enacted 35 and has taken effect in that official's state, when the state has withdrawn 36 from this agreement, and when this agreement takes effect generally. 37 4. This agreement shall terminate if the electoral college is abolished. 38 5. If any provision of this agreement is held invalid, the remaining 39 provisions shall not be affected. 40 ARTICLE V. DEFINITIONS 41 For purposes of this agreement: 42 1. "Chief executive" shall mean the governor of a state of the United 43 States or the mayor of the District of Columbia; SB 188 3

1 2. "elector slate" shall mean a slate of candidates who have been 2 nominated in a state for the position of presidential elector in association 3 with a presidential slate; 4 3. "chief election official" shall mean the state official or body that is 5 authorized to certify the total number of popular votes for each presidential 6 slate; 7 4. "presidential elector" shall mean an elector for president and vice- 8 president of the United States; 9 5. "presidential elector certifying official" shall mean the state official 10 or body that is authorized to certify the appointment of the state's 11 presidential electors; 12 6. "presidential slate" shall mean a slate of two persons, the first of 13 whom has been nominated as a candidate for president of the United States 14 and the second of whom has been nominated as a candidate for vice- 15 president of the United States, or any legal successors to such persons, 16 regardless of whether both names appear on the presented to the 17 voter in a particular state; 18 7. "state" shall mean a state of the United States and the District of 19 Columbia; and 20 8. "statewide popular election" shall mean a general election in which 21 votes are cast for presidential slates by individual voters and counted on a 22 statewide basis. 23 Sec. 2. K.S.A. 25-802 is hereby amended to read as follows: 25-802. 24 The electors of president and vice-president of the United States shall 25 convene at the capital of the state on the first Monday after the second 26 Wednesday in December after their election, at the hour of twelve o'clock 27 at noon of that day; and if there shall be any vacancy in the office of 28 electors, occasioned by death, refusal to act, neglect to attend, or other 29 cause, the electors present shall immediately proceed to fill, by ballot and 30 by a plurality of votes, such vacancy in the electoral college; and when the 31 electors shall appear, or the vacancies shall have been filled as above 32 provided, they shall proceed to perform the duties required of such electors 33 by the constitution and laws of the United States. The electors shall vote 34 for president and vice-president of the United States in accordance with 35 section 1, and amendments thereto. 36 Sec. 3. K.S.A. 25-804 is hereby amended to read as follows: 25-804. 37 Presidential electors for presidential candidates shall be selected by the 38 state committee of the of the candidates, if there is such a 39 committee. Names of the presidential electors so selected shall be certified 40 to the secretary of state by the chairperson of the committee. Presidential 41 electors for independent presidential candidates shall be selected and 42 certified to the secretary of state by such candidates. Presidential electors 43 for presidential candidates of a political party which has no state SB 188 4

1 committee may be selected and certified to the secretary of state by state 2 party convention or by the national committee of such party. If the number 3 of presidential electors nominated is less than or greater than the number 4 of electoral votes for the state, presidential electors shall be nominated as 5 provided in section 1, and amendments thereto. 6 Sec. 4. K.S.A. 25-802 and 25-804 are hereby repealed. 7 Sec. 5. This act shall take effect and be in force from and after its 8 publication in the statute book.