BILL ANALYSIS Ó
AB 459
Page 1
ASSEMBLY THIRD READING
AB 459 (Hill)
As Amended April 13, 2011
Majority vote
ELECTIONS 5-1 APPROPRIATIONS 14-2
-----------------------------------------------------------------
|Ayes:|Fong, Bonilla, Hall, |Ayes:|Fuentes, Blumenfield, |
| |Mendoza, Swanson | |Bradford, Charles |
| | | |Calderon, Campos, Davis, |
| | | |Donnelly, Gatto, Hall, |
| | | |Hill, Lara, Mitchell, |
| | | |Solorio, Wagner |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Logue |Nays:|Nielsen, Norby |
| | | | |
-----------------------------------------------------------------
SUMMARY : Ratifies an interstate compact whereby the state agrees
to award its electoral votes to the Presidential ticket that
received the most popular votes nationwide, if certain conditions
are met. Specifically, this bill ratifies the Agreement Among the
States to Elect the President by National Popular Vote
(Agreement), an interstate compact that contains the following
provisions:
1)Requires each member of the compact to conduct a statewide
popular election for President and Vice President.
2)Requires the chief election official of each member state to
determine the number of votes cast 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 to add such votes together to produce a "national
popular vote total" for each presidential slate.
3)Requires the presidential elector certifying official of each
member state to certify the appointment of the elector slate
nominated in that state in association with the presidential
slate that had the largest national popular vote total.
4)Requires, at least six days before the day fixed by law for the
meeting and voting by presidential electors, each member state
AB 459
Page 2
to make a final determination of the number of popular votes
cast in the state for each presidential slate and to communicate
an official statement of such results to the chief election
officer of every other state. Requires the chief election
official of each member state to treat any such statement
received from another state as conclusive.
5)Provides that, in the event of a tie for 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 nominated in
association with the presidential slate receiving the largest
number of popular votes within that official's state.
6)Provides that if 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 had the largest national popular vote total 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.
7)Provides that this compact will govern the appointment of
presidential electors in each member state in any year in which
the agreement is in effect in states cumulatively possessing a
majority of electoral votes as of July 20 of that year (six
months prior to the beginning of the next presidential term).
8)Provides that the compact shall take effect when states
cumulatively possessing a majority of the electoral votes have
enacted the compact in substantially the same form and the
enactments in such states have taken effect in each state.
9)Permits any member state to withdraw from the 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
and Vice President have been qualified to serve the next term.
10)Provides that the compact shall terminate if the electoral
college is abolished.
11)Provides that if any provision of the compact is held invalid,
the remaining provisions shall not be affected.
AB 459
Page 3
EXISTING LAW provides that the Presidential ticket that receives
the greatest number of votes in the state will receive all of
California's electoral votes.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, minor fiscal impact every four years to the Secretary
of State to implement compact procedures.
COMMENTS : According to the author, "California is ignored in the
general elections of Presidential campaigns. Candidates do not
visit our state, they do not advertise here, poll here, conduct
field operations, send mail, or engage in any of the other normal
campaign activities? Presidential candidates that do not campaign
in California do not have to focus on California issues. Issues
fundamentally important to California, whether it be agriculture,
water, high technology, Pacific Rim trade, etc. are pushed aside
while candidates pander to Pennsylvania and the other
'battleground' states. This preferential treatment continues once
Presidents assume office. AB 459 seeks to change this inequity.
AB 459 will enter California into an interstate compact that will
result in a national popular vote for President. A presidential
campaign where the candidate receiving the most popular votes in
all 50 states (and the District of Columbia) is guaranteed to win
will force candidates to campaign in California and around the
country. Every vote in every state will matter in every
presidential election."
Please see the policy committee analysis for a full discussion of
this bill.
Analysis Prepared by : Ethan Jones / E. & R. / (916) 319-2094
FN: 0000482