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HOUSE DOCKET, NO. 2035        FILED ON: 1/13/2009

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 660

 

The Commonwealth of Massachusetts

_______________

PRESENTED BY:

Charles A. Murphy, Garrett J. Bradley

_______________

To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
              Court assembled:

              The undersigned legislators and/or citizens respectfully petition for the passage of the accompanying bill:

An Act relative to the agree ment among states to elect the President by national popular vote.

_______________

PETITION OF:

 

Name:

District/Address:

Carlo P. Basile

1st Suffolk

Garrett J. Bradley

3rd Plymouth

James Dwyer

30th Middlesex

Lori Ehrlich

8th Essex

Jay R. Kaufman

15th Middlesex

John D. Keenan

7th Essex

William Lantigua

16th Essex

Charles A. Murphy

21st Middlesex

Byron Rushing

9th Suffolk

Tom Sannicandro

7th Middlesex

Cleon H. Turner

1st Barnstable

Alice K. Wolf

25th Middlesex

Geraldo Alicea

6th Worcester

Cory Atkins

14th Middlesex

Theodore C. Speliotis

13th Essex

Frank I. Smizik

15th Norfolk

William Smitty Pignatelli

4th Berkshire

Martha M. Walz

8th Suffolk

Steven J. D'Amico

4th Bristol

John P. Fresolo

16th Worcester

Cheryl A. Coakley-Rivera

10th Hampden

Stephen Kulik

1st Franklin

Antonio F.D. Cabral

13th Bristol

Carl M. Sciortino, Jr.

34th Middlesex

Sarah K. Peake

4th Barnstable

David B. Sullivan

6th Bristol

James J. O'Day

14th Worcester District

Louis L. Kafka

8th Norfolk

Mark V. Falzone

9th Essex

Christopher J. Donelan

2nd Franklin

Peter v. Kocot

1st Hampshire

Anne M. Gobi

5th Worcester

Brian P. Wallace

4th Suffolk

Timothy J. Toomey, Jr.

26th Middlesex

Joyce A. Spiliotis

12th Essex

Denise Provost

27th Middlesex

Kay Khan

11th Middlesex

Alice Hanlon Peisch

14th Norfolk

John W. Scibak

2nd Hampshire

Mary E. Grant

6th Essex

Kevin J. Murphy

18th Middlesex

Michael J. Moran

18th Suffolk

Thomas M. Stanley

9th Middlesex

Robert L. Rice, Jr.

2nd Worcester

Paul McMurtry

11th Norfolk

Jonathan Hecht

29th Middlesex

Pam Richardson

6th Middlesex

James B. Eldridge

Middlesex and Worcester

Christopher J. Donelan

2nd Franklin

James E. Vallee

10th Norfolk

Barry R. Finegold

17th Essex

Thomas P. Conroy

13th Middlesex

Martin J. Walsh

13th Suffolk

Denis E. Guyer

2nd Berkshire

Karen E. Spilka

Second Middlesex and Norfolk

Robert A. O'Leary

Cape and Islands

Anthony W. Petruccelli

First Suffolk and Middlesex

Alice Hanlon Peisch

14th Norfolk

James R. Miceli

19th Middlesex

Cynthia Stone Creem

First Middlesex and Norfolk

Kevin Aguiar

7th Bristol

Sean Garballey

23rd Middlesex

Demetrius J. Atsalis

Second Barnstable

Bill Bowles

2nd Bristol

James Cantwell

4th Plymouth


[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 678 OF 2007-2008.]

The Commonwealth of Massachusetts
 

_______________

In the Year Two Thousand and Nine

_______________



 

An Act relative to the agreement among states to elect the President by national popular vote.


 

              Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

              SECTION 1.   The General Laws is hereby amended by inserting after chapter __, as appearing in the 2004 Official Edition, the following chapter: -

Chapter ___.

Agre ement Among The State To Elect The President Of The United States By National Popular Vote

SECTION 2. Membership

Any State of the United States and the District of Columbia may become a member of this agreement by enacting this agreement.

  SECTION 3. Right of the People in Member States to Vote for President and Vice President

Each member state shall conduct a statewide popular election for the President and Vice President of the United States.

SECTION 4. 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 Dis trict 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 nominat ed 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 concl usive 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 e vent 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 po pular 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 winner is less than or greater than that state’s number of electoral votes, the presi dential candidate on the presidential slate that has been designated as the national popular vote winner shall the power to nominate the presidential electors for that state and that state’s presidential elector certifying official shall certify the appoin tment of such nominees.   The chief election official of each member state shall immediately release to the public all vote counts or statement s 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 agreement is, on July 20, in effect in states cumulatively possessing a majority of the electoral votes

SECTION 5.   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 be fore the end of a President’s term shall not become effective until a Presidential 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 take 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.

SECTION 6.   Definitions

For the 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 tha t is authorized to certify the total number of popular votes for each president slate;

“presidential elector” shall mean an elector for the President and Vice President of the United States;

“presidential elector certifying official” shall mean the state o fficial 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 the 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 Stat e 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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