BILL ANALYSIS �
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|SENATE RULES COMMITTEE | AB 459|
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THIRD READING
Bill No: AB 459
Author: Hill (D), et al.
Amended: 7/14/11 in Senate
Vote: 21
SENATE ELEC. & CONST. AMEND. COMMITTEE : 3-2, 6/08/11
AYES: Correa, De Le�n, Lieu
NOES: La Malfa, Gaines
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 51-21, 5/19/11 - See last page for vote
SUBJECT : Electoral College: interstate compact
SOURCE : Author
DIGEST : This bill 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.
Senate Floor Amendments of 7/14/11 add some coauthors and
delete others, and make other nonsubstantive changes.
ANALYSIS : Existing federal law requires all of the
following regarding the Electoral College:
Each state shall appoint, in a manner that the
Legislature of the state directs, a number of electors of
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President and Vice President equal to the number of
Senators and Representatives to which the state is
entitled in Congress.
The electors of President and Vice President shall be
appointed in each state on the first Tuesday after the
first Monday in November in every fourth year succeeding
every election of a President and Vice President.
The electors of President and Vice President of each
state shall meet and give their votes on the first Monday
after the second Wednesday in December following the
presidential election.
Existing state law provides that the Presidential ticket
that receives the greatest number of votes in the state
will receive all of California's electoral votes and
requires each political party to select its slate of
electors in accordance with established party procedures.
The Secretary of State must certify the electors receiving
the highest number of votes statewide in a general
presidential election.
Specifically, this bill ratifies the Agreement Among the
States to Elect the President by National Popular Vote, an
interstate compact that contains the following provisions:
1. Allows any state of the United States and the District
of Columbia to become a member of the compact.
2. Requires each member of the compact to conduct a
statewide popular election for President and Vice
President.
3. 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.
4. Requires the presidential elector certifying official of
each member state to certify the appointment of the
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elector slate nominated in that state in association
with the presidential slate that had the largest
national popular vote total.
5. Requires, at least six days before the day fixed by law
for the meeting and voting by presidential electors,
each member state 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.
6. 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.
7. 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.
8. Provides that this compact will govern the appointment
of presidential electors in each member state in any
year in which the agreement in effect in states
cumulatively possesses a majority of electoral votes as
of July 20 of that year (six months prior to the
beginning of the next presidential term).
9. 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.
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10.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.
11.Requires the Governor (or the Mayor in the case of the
District of Columbia) of each member state to notify the
Governor (Mayor) of all other states when the compact
has been enacted and has taken effect in that official's
state, when the state has withdrawn from the compact,
and when the compact takes effect generally.
12.Provides that the compact shall terminate if the
Electoral College is abolished.
13.Defines various terms for the purposes of the compact.
14.Provides that if any provision of the compact is held
invalid, the remaining provisions shall not be affected.
Background
Electoral Votes . Section 1 of Article II of the United
States Constitution provides, in part, that "each State
shall appoint, in such Manner as the Legislature thereof
may direct, a Number of Electors, equal to the whole Number
of Senators and Representatives to which the State may be
entitled in Congress." In accordance with that authority
granted to the state legislatures, California and 47 other
states (along with the District of Columbia) have chosen to
award all electoral votes to the Presidential ticket that
receives the greatest number of votes in the state (or in
the District).
Two states, Maine and Nebraska, have chosen to award one
electoral vote to the Presidential ticket that receives the
greatest number of votes in each Congressional district in
the state, and two electoral votes to the Presidential
ticket that receives the greatest number of votes in the
state. Maine has used this system of electoral vote
allocation since 1972, while Nebraska adopted this method
in 1996. However, since adopting this system of electoral
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vote allocation, Maine has always awarded all electoral
votes to the candidate who won the statewide vote.
Nebraska split its electoral votes between different
Presidential campaigns for the first time in 2008, when
John McCain and Sarah Palin earned four electoral votes for
winning the statewide vote and for winning in two of the
state's three congressional districts, while Barack Obama
and Joe Biden earned one electoral vote for winning in one
of the state's congressional districts.
While the "winner take all" method of awarding electoral
votes used in California and the district-based method of
awarding electoral votes that is used in Maine and Nebraska
are the only two methods that states currently use to award
electoral votes, the states are not limited to these two
options. Rather, the United States Constitution gives the
state legislatures complete authority to determine how
presidential electors are appointed. The California
Legislature has previously considered bills to adopt the
district-based method, to award electoral votes
proportionately to the Presidential tickets based on the
share of the vote that each ticket received, and to provide
that voters shall vote directly for Presidential electors,
rather than voting for candidates for President and Vice
President at the general election.
Legislation in Other States . According to information from
National Popular Vote, the organization that is the source
of this measure, the interstate compact included in this
bill has been ratified by eight states (Hawaii, Illinois,
Maryland, Massachusetts, Maryland, New Jersey, Vermont, and
Washington) and by the District of Columbia. Beginning
with the 2012 presidential election, those six states and
the District of Columbia collectively will have 74
electoral votes. Because the compact does not go into
effect until the members of the compact collectively have a
majority of the electoral votes, the compact needs to be
ratified by states with an additional 196 electoral votes
before it can go into effect.
National Popular Vote additionally reports that legislation
to ratify the interstate compact included in this bill has
been introduced in all 50 states, and legislation to ratify
the compact has been approved in at least one house of the
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Legislature in 14 of the 44 states that have not already
ratified the compact.
Previous Legislation
AB 2948 (Umberg) of 2006, and SB 37 (Migden) of 2008, were
identical to this bill. AB 2948 and SB 37 were vetoed by
Governor Schwarzenegger. In his veto message to SB 37,
Governor Schwarzenegger stated, in part:
"As I stated in vetoing similar legislation in 2006, I
believe strongly in democracy and in honoring the will of
the people. This bill represents a significant departure
away from letting each individual state choose how to award
its presidential electoral votes and towards a national
vote for president. Because California's endorsement of a
national popular vote would significantly change the debate
on the matter, enactment of this bill would represent a
major shift in the way not only Californians but all
Americans choose their president. Such a significant
change should be voted on by the people. As such, I cannot
support this measure but encourage the proponents to seek
approval of the people for the changes it proposes."
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 6/28/11)
American Civil Liberties Union
California Common Cause
FairVote
League of Women Voters of California
Secretary of State
ARGUMENTS IN SUPPORT : 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
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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."
ASSEMBLY FLOOR :
AYES: Achadjian, Allen, Atkins, Beall, Bill Berryhill,
Block, Blumenfield, Bonilla, Bradford, Brownley,
Buchanan, Butler, Charles Calderon, Campos, Carter,
Cedillo, Chesbro, Davis, Eng, Feuer, Fong, Furutani,
Galgiani, Gatto, Gordon, Hall, Hayashi, Roger Hern�ndez,
Hill, Huber, Hueso, Huffman, Lara, Bonnie Lowenthal,
Mendoza, Miller, Mitchell, Monning, Pan, Perea, V. Manuel
P�rez, Portantino, Skinner, Smyth, Solorio, Swanson,
Torres, Wieckowski, Williams, Yamada, John A. P�rez
NOES: Conway, Cook, Donnelly, Beth Gaines, Garrick, Grove,
Hagman, Halderman, Harkey, Jeffries, Jones, Knight,
Logue, Mansoor, Morrell, Nielsen, Norby, Olsen, Silva,
Valadao, Wagner
NO VOTE RECORDED: Alejo, Ammiano, Dickinson, Fletcher,
Fuentes, Gorell, Ma, Nestande
DLW:do 7/14/11 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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