HB 270 — An Act authorizing the Commonwealth of Pennsylvania to join the Agreement Among the States to Elect the President by National Popular Vote; and providing for the form of the agreement.

PRINTER'S NO.   1304

                   THE GENERAL ASSEMBLY OF PENNSYLVANIA



                       HOUSE BILL
                       No. 270
                                              Session of
                                                2025

     INTRODUCED BY RABB, BOYD, GUENST, BRIGGS, PIELLI, WAXMAN,
        VITALI, SANCHEZ, MAYES, WEBSTER, HILL-EVANS, HADDOCK AND
        WARREN, APRIL 9, 2025

     REFERRED TO COMMITTEE ON INTERGOVERNMENTAL AFFAIRS AND
        OPERATIONS, APRIL 9, 2025


                                   AN ACT
 1   Authorizing the Commonwealth of Pennsylvania to join the
 2      Agreement Among the States to Elect the President by National
 3      Popular Vote; and providing for the form of the agreement.
 4      The General Assembly of the Commonwealth of Pennsylvania
 5   hereby enacts as follows:
 6   Section 1.   Short title.
 7      This act shall be known and may be cited as the Agreement
 8   Among the States to Elect the President by National Popular Vote
 9   Act.
10   Section 2.   Text of agreement.
11      The Agreement Among the States to Elect the President by
12   National Popular Vote is enacted into law and entered into with
13   all other signatory jurisdictions in substantially the following
14   form:
15                               ARTICLE I
16                               MEMBERSHIP
17      Any state of the United States and the District of Columbia
 1   may become a member of this agreement by enacting this
 2   agreement.
 3                                 ARTICLE II
 4                RIGHT OF THE PEOPLE IN MEMBER STATES TO VOTE
 5                      FOR PRESIDENT AND VICE PRESIDENT
 6      Each member state shall conduct a statewide popular election
 7   for President and Vice President of the United States.
 8                                ARTICLE III
 9                     MANNER OF APPOINTING PRESIDENTIAL
10                         ELECTORS IN MEMBER STATES
11      Prior to the time set by law for the meeting and voting by
12   the presidential electors, the chief election official of each
13   member state shall determine the number of votes for each
14   presidential slate in each state of the United States and in the
15   District of Columbia in which votes have been cast in a
16   statewide popular election and shall add such votes together to
17   produce a national popular vote total for each presidential
18   slate.
19      The chief election official of each member state shall
20   designate the presidential slate with the largest national
21   popular vote total as the national popular vote winner.
22      The presidential elector certifying official of each member
23   state shall certify the appointment in that official's own state
24   of the elector slate nominated in that state in association with
25   the national popular vote winner.
26      At least six days before the day fixed by law for the meeting
27   and voting by the presidential electors, each member state shall
28   make a final determination of the number of popular votes cast
29   in the state for each presidential slate and shall communicate
30   an official statement of such determination within 24 hours to

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 1   the chief election official of each other member state.
 2      The chief election official of each member state shall treat
 3   as conclusive an official statement containing the number of
 4   popular votes in a state for each presidential slate made by the
 5   day established by Federal law for making a state's final
 6   determination conclusive as to the counting of electoral votes
 7   by Congress.
 8      In event of a tie for the national popular vote winner, the
 9   presidential elector certifying official of each member state
10   shall certify the appointment of the elector slate nominated in
11   association with the presidential slate receiving the largest
12   number of popular votes within that official's own state.
13      If, for any reason, the number of presidential electors
14   nominated in a member state in association with the national
15   popular vote winner is less than or greater than that state's
16   number of electoral votes, the presidential candidate on the
17   presidential slate that has been designated as the national
18   popular vote winner shall have the power to nominate the
19   presidential electors for that state and that state's
20   presidential elector certifying official shall certify the
21   appointment of such nominees.
22      The chief election official of each member state shall
23   immediately release to the public all vote counts or statements
24   of votes as they are determined or obtained.
25      This article shall govern the appointment of presidential
26   electors in each member state in any year in which this
27   agreement is, on July 20, in effect in states cumulatively
28   possessing a majority of the electoral votes.
29                              ARTICLE IV
30                           OTHER PROVISIONS

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 1      This agreement shall take effect when states cumulatively
 2   possessing a majority of the electoral votes have enacted this
 3   agreement in substantially the same form and the enactments by
 4   such states have taken effect in each state.
 5      Any member state may withdraw from this agreement, except
 6   that a withdrawal occurring six months or less before the end of
 7   a President's term shall not become effective until a President
 8   or Vice President shall have been qualified to serve the next
 9   term.
10      The chief executive of each member state shall promptly
11   notify the chief executive of all other states when this
12   agreement has been enacted and has taken effect in that
13   official's state, when the state has withdrawn from this
14   agreement and when this agreement takes effect generally.
15      This agreement shall terminate if the electoral college is
16   abolished.
17      If any provision of this agreement is held invalid, the
18   remaining provisions shall not be affected.
19                              ARTICLE V
20                             DEFINITIONS
21      For purposes of this agreement,
22      "Chief election official" shall mean the state official or
23   body that is authorized to certify the total number of popular
24   votes for each presidential slate;
25      "Chief executive" shall mean the Governor of a state of the
26   United States or the Mayor of the District of Columbia;
27      "Elector slate" shall mean a slate of candidates who have
28   been nominated in a state for the position of presidential
29   elector in association with a presidential slate;
30      "Presidential elector" shall mean an elector for President

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 1   and Vice President of the United States;
 2      "Presidential elector certifying official" shall mean the
 3   state official or body that is authorized to certify the
 4   appointment of the state's presidential electors;
 5      "Presidential slate" shall mean a slate of two persons, the
 6   first of whom has been nominated as a candidate for President of
 7   the United States and the second of whom has been nominated as a
 8   candidate for Vice President of the United States, or any legal
 9   successors to such persons, regardless of whether both names
10   appear on the ballot presented to the voter in a particular
11   state;
12      "State" shall mean a state of the United States and the
13   District of Columbia; and
14      "Statewide popular election" shall mean a general election in
15   which votes are cast for presidential slates by individual
16   voters and counted on a statewide basis.
17   Section 3.   Publication in Pennsylvania Bulletin.
18      In the event that the Agreement Among the States to Elect the
19   President by National Popular Vote takes effect according to
20   Article IV, the Secretary of the Commonwealth shall transmit the
21   agreement to the Legislative Reference Bureau for publication as
22   a notice in the next available issue of the Pennsylvania
23   Bulletin. The notice shall include the date that the agreement
24   became effective between the Commonwealth and any other states.
25   Section 4.   Effective date.
26      This act shall take effect immediately.




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