BILL ANALYSIS �
AB 459
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( Without Reference to File )
CONCURRENCE IN SENATE AMENDMENTS
AB 459 (Hill)
As Amended July 14, 2011
Majority vote
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|ASSEMBLY: |51-21|(May 19, 2011) |SENATE: |23-15|(July 14, |
| | | | | |2011) |
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Original Committee Reference: E. & R.
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 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.
AB 459
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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 that cumulatively possess 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.
The Senate amendments add and remove co-authors, and make a
technical change.
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.
AB 459
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AS PASSED BY THE ASSEMBLY , this bill was substantially similar to
the version approved by the Senate.
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."
The Senate amendments to this bill add and remove co-authors, and
make a technical change. As such, this bill is substantively
identical to the version approved by the Assembly, and is consistent
with Assembly actions.
Please see the policy committee analysis for a full discussion of
this bill.
Analysis Prepared by : Ethan Jones / E. & R. / (916) 319-2094
FN: 0001696