AJR6A - Proposes to amend the Nevada Constitution to adopt the National Popular Vote Compact. (BDR C-389)

A.J.R. 6 of the 82nd Session - *AJR6_82* ASSEMBLY JOINT RESOLUTION NO. 6 OF THE 82ND SESSION– ASSEMBLYMEN WATTS, BILBRAY-AXELROD, BRITTNEY MILLER; ANDERSON, BACKUS, BROWN-MAY, CARTER, COHEN, D’SILVA, DURAN, GONZÁLEZ, LA RUE HATCH, C.H. MILLER, MONROE-MORENO, NEWBY, PETERS, SUMMERS- ARMSTRONG, TAYLOR, THOMAS, TORRES AND YEAGER MARCH 22, 2023 ____________ JOINT SPONSORS: SENATORS D. HARRIS, LANGE, OHRENSCHALL; DALY, DONATE AND FLORES ____________ Referred to Committee on Legislative Operations and Elections SUMMARY—Proposes to amend the Nevada Constitution to adopt the National Popular Vote Compact. (BDR C-389) FISCAL NOTE: Effect on Local Government: No. Effect on the State: No. ~ EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. ASSEMBLY JOINT RESOLUTION—Proposing to amend the Nevada Constitution to adopt the National Popular Vote Compact. Legislative Counsel’s Digest: The United States Constitution requires the election of President and Vice 1 President by presidential electors from each state who are appointed in the manner 2 directed by each state legislature under the federal constitutional power granted to 3 states by the Presidential Electors Clause. (U.S. Const. Art. II, § 1, cl. 2, U.S. 4 Const. Amend. XII) The United States Supreme Court has stated that the 5 Presidential Electors Clause “concede[s] plenary power to the state legislatures in 6 the matter of the appointment of electors” and “recognizes that the people act 7 through their representatives in the legislature, and leaves it to the legislature 8 exclusively to define the method of effecting the object.” (McPherson v. Blacker, 9 146 U.S. 1, 27, 35 (1892)) The Supreme Court has also stated that the Presidential 10 Electors Clause was “so framed that congressional and federal influence might be 11 excluded” and, as a result, “the appointment and mode of appointment of electors 12 belong exclusively to the states under the [C]onstitution of the United States.” 13 (McPherson, 146 U.S. at 35) 14 Under existing law in Nevada, the Legislature has exercised its power to define 15 the method of appointing this State’s presidential electors by enacting the Uniform 16 – 2 – - *AJR6_82* Faithful Presidential Electors Act. (NRS 298.005-298.089) Existing law requires 17 each nominee for presidential elector and alternate to sign a pledge to vote only for 18 the candidates for President and Vice President who receive the highest number of 19 votes in this State at the general election. (NRS 298.045) The nominees for 20 presidential elector whose candidates for President and Vice President receive the 21 highest number of votes in this State at the general election are the presidential 22 electors, and the presidential electors may vote only for the candidates for President 23 and Vice President who receive the highest number of votes in this State at the 24 general election. (NRS 298.065, 298.075) 25 The amendment to the Nevada Constitution proposed by this resolution enacts 26 the National Popular Vote Compact. If the Compact is effective and applies to a 27 presidential election: (1) the chief election official of each member state will 28 determine which slate of candidates for President and Vice President wins the 29 national popular vote and will designate that presidential slate as the national 30 popular vote winner; and (2) except in the case of a tie in the national popular vote, 31 the nominees for presidential elector whose slate of candidates for President and 32 Vice President is the national popular vote winner become the presidential electors. 33 The amendment to the Nevada Constitution proposed by this resolution also 34 provides that if the Compact is effective and applies to a presidential election, the 35 presidential electors shall, with limited exception, mark their presidential elector 36 ballots for the national popular vote winner. The amendment to the Nevada 37 Constitution proposed by this resolution also provides that Nevada may withdraw 38 from and rejoin the Compact via statute. 39 If this resolution is passed by the 2023 Legislature, it must also be passed by 40 the next Legislature and then approved and ratified by the voters in an election 41 before the proposed amendments become part of the Nevada Constitution. 42 However, for the Compact to take effect, states cumulatively possessing a majority 43 of the electoral votes must enact the Compact in substantially the same form and 44 the enactments by such states must have taken effect in each state. 45 WHEREAS, The candidate for the Presidency of the United States 1 receiving the most popular votes across the country should become 2 President; and 3 WHEREAS, The United States Constitution empowers each state 4 to choose the manner of selecting its members of the Electoral 5 College; now, therefore, be it 6 RESOLVED BY THE ASSEMBLY AND SENATE OF THE STATE OF 7 NEVADA, JOINTLY, That a new section, designated Section 14A, be 8 added to Article 15 of the Nevada Constitution to read as follows: 9 Sec. 14A. The National Popular Vote Compact is 10 hereby enacted into law and entered into with all 11 jurisdictions legally joining the Compact, in substantially 12 the form set forth in this section: 13 14 1. Membership 15 16 Any State of the United States and the District of 17 Columbia may become a member of this compact by 18 enacting this compact. 19 – 3 – - *AJR6_82* 2. Right of the People in Member States to Vote for 1 President and Vice President 2 3 Each member state shall conduct a statewide popular 4 election for President and Vice President of the United 5 States. 6 7 3. Manner of Appointing Presidential Electors in 8 Member States 9 10 Prior to the time set by law for the meeting and voting by 11 the presidential electors, the chief election official of each 12 member state shall determine the number of votes for each 13 presidential slate in each State of the United States and in 14 the District of Columbia in which votes have been cast in a 15 statewide popular election and shall add such votes together 16 to produce a “national popular vote total” for each 17 presidential slate. 18 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 23 The presidential elector certifying official of each 24 member state shall certify the appointment in that official’s 25 own state of the elector slate nominated in that state in 26 association with the national popular vote winner. 27 28 At least six days before the day fixed by law for the 29 meeting and voting by the presidential electors, each 30 member state shall make a final determination of the 31 number of popular votes cast in the state for each 32 presidential slate and shall communicate an official 33 statement of such determination within 24 hours to the chief 34 election official of each other member state. 35 36 The chief election official of each member state shall 37 treat as conclusive an official statement containing the 38 number of popular votes in a state for each presidential 39 slate made by the day established by federal law for making 40 a state’s final determination conclusive as to the counting of 41 electoral votes by Congress. 42 43 In event of a tie for the national popular vote winner, the 44 presidential elector certifying official of each member state 45 – 4 – - *AJR6_82* shall certify the appointment of the elector slate nominated 1 in association with the presidential slate receiving the 2 largest number of popular votes within that official’s own 3 state. 4 5 If, for any reason, the number of presidential electors 6 nominated in a member state in association with the 7 national popular vote winner is less than or greater than 8 that state’s number of electoral votes, the presidential 9 candidate on the presidential slate that has been designated 10 as the national popular vote winner shall have the power to 11 nominate the presidential electors for that state and that 12 state’s presidential elector certifying official shall certify the 13 appointment of such nominees. 14 15 The chief election official of each member state shall 16 immediately release to the public all vote counts or 17 statements of votes as they are determined or obtained. 18 19 This article shall govern the appointment of presidential 20 electors in each member state in any year in which this 21 compact is, on July 20, in effect in states cumulatively 22 possessing a majority of the electoral votes. 23 24 4. Other Provisions 25 26 This compact shall take effect when states cumulatively 27 possessing a majority of the electoral votes have enacted this 28 compact in substantially the same form and the enactments 29 by such states have taken effect in each state. 30 31 Any member state may withdraw from this compact, 32 except that a withdrawal occurring six months or less before 33 the end of a President’s term shall not become effective 34 until a President or Vice President shall have been qualified 35 to serve the next term. 36 37 The chief executive of each member state shall promptly 38 notify the chief executive of all other states of when this 39 compact has been enacted and has taken effect in that 40 official’s state, when the state has withdrawn from this 41 compact, and when this compact takes effect generally. 42 43 This compact shall terminate if the electoral college is 44 abolished. 45 – 5 – - *AJR6_82* If any provision of this compact is held invalid, the 1 remaining provisions shall not be affected. 2 3 5. Definitions 4 5 For purposes of this compact, 6 “chief executive” shall mean the Governor of a State of the 7 United States or the Mayor of the District of Columbia; 8 9 “elector slate” shall mean a slate of candidates who have 10 been nominated in a state for the position of presidential 11 elector in association with a presidential slate; 12 13 “chief election official” shall mean the state official or body 14 that is authorized to certify the total number of popular 15 votes for each presidential slate; 16 17 “presidential elector” shall mean an elector for President 18 and Vice President of the United States; 19 20 “presidential elector certifying official” shall mean the state 21 official or body that is authorized to certify the appointment 22 of the state’s presidential electors; 23 24 “presidential slate” shall mean a slate of two persons, the 25 first of whom has been nominated as a candidate for 26 President of the United States and the second of whom has 27 been nominated as a candidate for Vice President of the 28 United States, or any legal successors to such persons, 29 regardless of whether both names appear on the ballot 30 presented to the voter in a particular state; 31 32 “state” shall mean a State of the United States and the 33 District of Columbia; and 34 35 “statewide popular election” shall mean a general election 36 in which votes are cast for presidential slates by individual 37 voters and counted on a statewide basis. 38 And be it further 39 RESOLVED, That a new section, designated Section 14B, be 40 added to Article 15 of the Nevada Constitution to read as follows: 41 Sec. 14B. 1. When the National Popular Vote 42 Compact governs a presidential election, each presidential 43 elector in Nevada shall cast his or her vote in the Electoral 44 – 6 – - *AJR6_82* College for the presidential slate nominated by the political 1 party or organization that nominated the elector. 2 2. The State of Nevada may withdraw from the 3 National Popular Vote Compact by statute, and may rejoin 4 by subsequent statute, subject to the provisions of subsection 5 4 of Section 14A of this Article. 6 And be it further 7 RESOLVED, That this resolution becomes effective upon 8 passage. 9 H