Johnson Popular Vote Bill Hands Texas Electors To National Winner

The text as introduced · 1,076 words

89R953 PRL-F

By: Johnson
S.B. No. 894

A BILL TO BE ENTITLED

AN ACT

relating to the adoption of the Agreement Among the States to Elect

the President by National Popular Vote.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Title 11, Election Code, is amended by adding

Chapter 193 to read as follows:

CHAPTER 193. AGREEMENT AMONG THE STATES TO ELECT THE PRESIDENT BY

NATIONAL POPULAR VOTE

Sec. 193.001. EXECUTION OF INTERSTATE COMPACT. This state

enters into an agreement with all other states legally joining in

the agreement in substantially the following form:

AGREEMENT AMONG THE STATES TO ELECT THE PRESIDENT BY NATIONAL

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

A. 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.

B. 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."

C. 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.

D. 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.

E. 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.

F. 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.

G. 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.

H. 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.

I. 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

A. 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.

B. 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.

C. 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.

D. This agreement shall terminate if the electoral college

is abolished.

E. If any provision of this agreement is held invalid, the

remaining provisions shall not be affected.

ARTICLE V. DEFINITIONS

For purposes of this agreement,

A. "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;

B. "chief executive" shall mean the Governor of a State of

the United States or the Mayor of the District of Columbia;

C. "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;

D. "presidential elector" shall mean an elector for

President and Vice President of the United States;

E. "presidential elector certifying official" shall mean

the state official or body that is authorized to certify the

appointment of the state's presidential electors;

F. "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;

G. "state" shall mean a State of the United States and the

District of Columbia; and

H. "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.

Sec. 193.002. EFFECT OF TEXAS LAWS. If the laws of this

state conflict with the compact, the compact controls, except that

in the event of a conflict between the compact and the Texas

Constitution, as determined by the courts of this state, the Texas

Constitution controls.

SECTION 2. This Act takes effect September 1, 2025.