House Bill 25-1102 Introduced

A Bill for an Act

• Page 1, Line 101Concerning the repeal of the agreement among the states to

• Page 1, Line 102elect the president by national popular vote.

Bill Summary

(Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.)

Section 1 of the bill repeals the agreement among the states to elect the president by national popular vote. Section 2 makes a conforming amendment.

• Page 1, Line 1Be it enacted by the General Assembly of the State of Colorado:

• Page 2, Line 1SECTION 1.  In Colorado Revised Statutes, repeal part 40 of article 60 of title 24 as follows:

• Page 2, Line 224-60-4001.  Short title.The short title of this part 40 is the

• Page 2, Line 3"Agreement Among the States to Elect the President by National Popular Vote".

• Page 2, Line 424-60-4002.  Execution of agreement.The agreement among the

• Page 2, Line 5states to elect the President by national popular vote is hereby enacted

• Page 2, Line 6into law and entered into with all jurisdictions legally joining therein, in the form substantially as follows:

• Page 2, Line 7ARTICLE I -- MEMBERSHIP

• Page 2, Line 8Any State of the United States and the District of Columbia may become a member of this agreement by enacting this agreement.

• Page 2, Line 9ARTICLE II -- RIGHT OF THE PEOPLE IN MEMBER STATES TO

• VOTE FOR PRESIDENT AND VICE PRESIDENT

• Page 2, Line 10Each member state shall conduct a statewide popular election for President and Vice President of the United States.

• Page 2, Line 11ARTICLE III -- MANNER OF APPOINTING

• PRESIDENTIAL ELECTORS IN MEMBER STATES

• Page 2, Line 12Prior to the time set by law for the meeting and voting by the

• Page 2, Line 13presidential electors, the chief election official of each member state shall

• Page 2, Line 14determine the number of votes for each presidential slate in each State of

• Page 2, Line 15the United States and in the District of Columbia in which votes have

• Page 2, Line 16been cast in a statewide popular election and shall add such votes together to produce a "national popular vote total" for each presidential slate.

• Page 2, Line 17The chief election official of each member state shall designate the

• Page 2, Line 18presidential slate with the largest national popular vote total as the

• Page 2, Line 19"national popular vote winner."

• Page 3, Line 1The presidential elector certifying official of each member state

• Page 3, Line 2shall certify the appointment in that official's own state of the elector slate

• Page 3, Line 3nominated in that state in association with the national popular vote winner.

• Page 3, Line 4At least six days before the day fixed by law for the meeting and

• Page 3, Line 5voting by the presidential electors, each member state shall make a final

• Page 3, Line 6determination of the number of popular votes cast in the state for each

• Page 3, Line 7presidential slate and shall communicate an official statement of such

• Page 3, Line 8determination within 24 hours to the chief election official of each other member state.

• Page 3, Line 9The chief election official of each member state shall treat as

• Page 3, Line 10conclusive an official statement containing the number of popular votes

• Page 3, Line 11in a state for each presidential slate made by the day established by

• Page 3, Line 12federal law for making a state's final determination conclusive as to the counting of electoral votes by Congress.

• Page 3, Line 13In event of a tie for the national popular vote winner, the

• Page 3, Line 14presidential elector certifying official of each member state shall certify

• Page 3, Line 15the appointment of the elector slate nominated in association with the

• Page 3, Line 16presidential slate receiving the largest number of popular votes within that official's own state.

• Page 3, Line 17If, for any reason, the number of presidential electors nominated

• Page 3, Line 18in a member state in association with the national popular vote winner is

• Page 3, Line 19less than or greater than that state's number of electoral votes, the

• Page 3, Line 20presidential candidate on the presidential slate that has been designated

• Page 3, Line 21as the national popular vote winner shall have the power to nominate the

• Page 3, Line 22presidential electors for that state and that state's presidential elector

• Page 3, Line 23certifying official shall certify the appointment of such nominees.

• Page 4, Line 1The chief election official of each member state shall immediately

• Page 4, Line 2release to the public all vote counts or statements of votes as they are determined or obtained.

• Page 4, Line 3This article shall govern the appointment of presidential electors

• Page 4, Line 4in each member state in any year in which this agreement is, on July 20,

• Page 4, Line 5in effect in states cumulatively possessing a majority of the electoral votes.

• Page 4, Line 6ARTICLE IV -- OTHER PROVISIONS

• Page 4, Line 7This agreement shall take effect when states cumulatively

• Page 4, Line 8possessing a majority of the electoral votes have enacted this agreement

• Page 4, Line 9in substantially the same form and the enactments by such states have taken effect in each state.

• Page 4, Line 10Any member state may withdraw from this agreement, except that

• Page 4, Line 11a withdrawal occurring six months or less before the end of a President's

• Page 4, Line 12term shall not become effective until a President or Vice President shall have been qualified to serve the next term.

• Page 4, Line 13The chief executive of each member state shall promptly notify the

• Page 4, Line 14chief executive of all other states of when this agreement has been

• Page 4, Line 15enacted and has taken effect in that official's state, when the state has

• Page 4, Line 16withdrawn from this agreement, and when this agreement takes effect generally.

• Page 4, Line 17This agreement shall terminate if the electoral college is abolished.

• Page 4, Line 18If any provision of this agreement is held invalid, the remaining provisions shall not be affected.

• Page 4, Line 19ARTICLE V -- DEFINITIONS

• For purposes of this agreement,

• Page 4, Line 20"Chief executive" shall mean the Governor of a State of the United States or the Mayor of the District of Columbia;

• Page 5, Line 1"Elector slate" shall mean a slate of candidates who have been

• Page 5, Line 2nominated in a state for the position of presidential elector in association with a presidential slate;

• Page 5, Line 3"Chief election official" shall mean the state official or body that

• Page 5, Line 4is authorized to certify the total number of popular votes for each presidential slate;

• Page 5, Line 5"Presidential elector" shall mean an elector for President and Vice President of the United States;

• Page 5, Line 6"Presidential elector certifying official" shall mean the state

• Page 5, Line 7official or body that is authorized to certify the appointment of the state's presidential electors;

• Page 5, Line 8"Presidential slate" shall mean a slate of two persons, the first of

• Page 5, Line 9whom has been nominated as a candidate for President of the United

• Page 5, Line 10States and the second of whom has been nominated as a candidate for

• Page 5, Line 11Vice President of the United States, or any legal successors to such

• Page 5, Line 12persons, regardless of whether both names appear on the ballot presented to the voter in a particular state;

• Page 5, Line 13"State" shall mean a State of the United States and the District of Columbia; and

• Page 5, Line 14"Statewide popular election" shall mean a general election in

• Page 5, Line 15which votes are cast for presidential slates by individual voters and counted on a statewide basis.

• Page 5, Line 1624-60-4003.  Reaffirmation of Colorado law.When the

• Page 5, Line 17agreement among the states to elect the president by national popular vote

• Page 5, Line 18becomes effective as provided in article IV of the agreement and governs

• Page 5, Line 19the appointment of presidential electors as provided in article III of the

• Page 6, Line 1agreement, each presidential elector shall vote for the presidential

• Page 6, Line 2candidate and, by separate ballot, vice-presidential candidate nominated

• Page 6, Line 3by the political party or political organization that nominated the presidential elector.

• Page 6, Line 424-60-4004.  Conflicting provisions of law.When the agreement

• Page 6, Line 5among the states to elect the president by national popular vote becomes

• Page 6, Line 6effective as provided in article IV of the agreement and governs the

• Page 6, Line 7appointment of presidential electors as provided in article III of the

• Page 6, Line 8agreement, this part 40 shall supersede any conflicting provisions of Colorado law.

• Page 6, Line 9SECTION 2.  In Colorado Revised Statutes, 1-13-725, amend (1)(b) and (1)(c) as follows:

• Page 6, Line 101-13-725.  False slate of presidential electors - penalties.

• Page 6, Line 11(1) (b)  A person who knowingly signs, files, transmits, or records with

• Page 6, Line 12the secretary of state, the archivist of the United States, the president of

• Page 6, Line 13the United States senate, the United States congress, or a Colorado federal

• Page 6, Line 14district court judge a list of presidential electors who voted for candidates

• Page 6, Line 15for president and vice president of the United States who did not receive

• Page 6, Line 16the highest number of votes in the state at a general election at which the

• Page 6, Line 17offices of president and vice president of the United States were contested

• Page 6, Line 18commits offering of a false instrument for recording as set forth in section

• Page 6, Line 1918-5-114. If the interstate compact, "Agreement Among the States to

• Page 6, Line 20Elect the President by National Popular Vote", described in part 40 of

• Page 6, Line 21article 60 of title 24, is in effect and the state's electoral votes are awarded

• Page 6, Line 22to the winner of the national popular vote, the provisions of this

• Page 6, Line 23subsection (1)(b) shall apply to individuals who sign, file, transmit, or

• Page 6, Line 24record a list of presidential electors who voted for candidates for

• Page 7, Line 1president and vice president of the United States who the secretary of state did not designate as the national popular vote winner.

• Page 7, Line 2(c)  A person who has not been elected as a presidential elector in

• Page 7, Line 3a general election and who knowingly votes as a presidential elector for

• Page 7, Line 4candidates for president and vice president of the United States who did

• Page 7, Line 5not receive the highest number of votes in the state at a general election

• Page 7, Line 6at which the offices of president and vice president of the United States

• Page 7, Line 7were contested, or who inputs information into a form, certificate, or

• Page 7, Line 8other paper or document required of presidential electors that was not

• Page 7, Line 9provided by the secretary of state pursuant to section 1-4-304 commits

• Page 7, Line 10forgery as set forth in section 18-5-102. If the interstate compact,

• Page 7, Line 11"Agreement Among the States to Elect the President by National Popular

• Page 7, Line 12Vote", described in part 40 of article 60 of title 24, is in effect and the

• Page 7, Line 13state's electoral votes are awarded to the winner of the national popular

• Page 7, Line 14vote, the provisions of this subsection (1)(c) shall apply to a person who

• Page 7, Line 15knowingly votes as a presidential elector for candidates for president and

• Page 7, Line 16vice president of the United States who the secretary of state did not designate as the national popular vote winner.

• Page 7, Line 17SECTION 3.  Act subject to petition - effective date. This act

• Page 7, Line 18takes effect at 12:01 a.m. on the day following the expiration of the

• Page 7, Line 19ninety-day period after final adjournment of the general assembly; except

• Page 7, Line 20that, if a referendum petition is filed pursuant to section 1 (3) of article V

• Page 7, Line 21of the state constitution against this act or an item, section, or part of this

• Page 7, Line 22act within such period, then the act, item, section, or part will not take

• Page 7, Line 23effect unless approved by the people at the general election to be held in

• Page 7, Line 24November 2026 and, in such case, will take effect on the date of the

• Page 7, Line 25official declaration of the vote thereon by the governor.