Agreement Among the States to Elect the President by
Nationwide 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.
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