State Bill: National Popular Vote Compact Implementation Act

An Act to enter the State of [Your State] into the National Popular Vote Interstate Compact (NPVIC).

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SECTION 1. SHORT TITLE

This Act shall be known as the “National Popular Vote Compact Implementation Act.”

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SECTION 2. DEFINITIONS

• Compact means the National Popular Vote Interstate Compact.

• Chief Election Official means the Secretary of State or equivalent officer in [Your State].

• Electors refers to the presidential electors designated under Article II of the U.S. Constitution.

• Presidential Slate means a group of candidates for President and Vice President of the United States.

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SECTION 3. ENTRY INTO COMPACT

The State of [Your State] hereby enacts and agrees to be bound by the following compact:

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ARTICLE I – AGREEMENT

This state shall join the National Popular Vote Interstate Compact and agrees to allocate its electoral votes for President and Vice President of the United States to the presidential slate that receives the largest number of votes in all 50 states and the District of Columbia combined — but only once the Compact has been enacted by states representing a majority of the electoral votes (270 or more).

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ARTICLE II – APPLICABILITY

This Compact shall take effect only when:

1. The states entering into this Compact cumulatively possess a majority of the electoral votes (at least 270); and

2. Each participating state has enacted legislation substantially similar to this Act.

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ARTICLE III – VOTE CERTIFICATION AND ELECTORAL ALLOCATION

3.1 Chief Election Official Duties:

• The Chief Election Official shall determine the number of votes cast for each presidential slate in all 50 states and D.C., based on official final vote counts.

• The Chief Election Official shall designate the national popular vote winner as the candidate receiving the highest number of total votes.

3.2 Elector Certification:

• The state shall certify the appointment of presidential electors pledged to the national popular vote winner.

• Electors shall be bound by law to vote accordingly.

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ARTICLE IV – ENFORCEMENT

• A presidential elector who fails to vote in accordance with this Act shall be deemed to have resigned, and a replacement elector shall be immediately appointed per state law.

• The Chief Election Official may issue administrative rules to enforce the provisions of this Compact.

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ARTICLE V – WITHDRAWAL FROM COMPACT

• A member state may withdraw from this Compact only if:

  • The withdrawal occurs no later than July 20 in the year of a presidential election; and

  • Notice of withdrawal is given in writing to all other member states and the compact administrator.

• Withdrawal shall not affect the allocation of electors for any election in which the Compact was in effect on or before July 20.

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ARTICLE VI – SEVERABILITY

If any provision of this Compact is held unconstitutional or otherwise invalid by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.

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SECTION 4. COMPACT ADMINISTRATOR

• The state’s Chief Election Official shall serve as the administrator of this Compact in [Your State].

• They shall transmit and receive notices and data with other compacting states and coordinate enforcement and information sharing.

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SECTION 5. EFFECTIVE DATE

This Act shall take effect immediately upon passage, but its application to presidential elections shall commence only once the Compact reaches 270 cumulative electoral votes nationally.

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SECTION 6. SEVERABILITY (Non-Compact Provisions)

If any section of this Act (not contained in the Compact language) is held invalid, the remainder shall remain unaffected.