An Act To Adopt the National Popular Vote Interstate Compact
Maine Legislature, Session 130, LD 1384
Committee: Veterans and Legal Affairs
Sponsors: BELL
Amends: 21-A MRSA §801, 21-A MRSA §805

Legislative Document
No. 1384
H.P. 1018
House of Representatives, April 7, 2021
An Act To Adopt the National Popular Vote Interstate Compact
Received by the Clerk of the House on April 5, 2021.  Referred to the Committee on 
Veterans and Legal Affairs pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint 
Rule 401.
ROBERT B. HUNT
Clerk
Presented by Representative BELL of Yarmouth.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  21-A MRSA §801, sub-§2, as enacted by PL 2019, c. 539, §4, is repealed.
Sec. 2.  21-A MRSA §805, sub-§2, as amended by PL 2019, c. 539, §5, is further 
amended to read:
2.  Presidential electors.  The presidential electors at large shall cast their ballots for 
the presidential and vice-presidential candidates who received the largest number of votes 
in the State according to the ranked‑choice method of counting votes described in section 
723‑A are determined to be the national popular vote winners under section 1303. The 
presidential electors of each congressional district shall cast their ballots for the presidential 
and vice-presidential candidates who received the largest number of votes in each 
respective congressional district according to the ranked‑choice method of counting votes 
described in section 723‑A are determined to be the national popular vote winners under 
section 1303.
Sec. 3.  21-A MRSA c. 17 is enacted to read:
CHAPTER 17
INTERSTATE COMPACT: AGREEMENT AMONG THE STATES TO ELECT 
THE PRESIDENT OF THE UNITED STATES BY NATIONAL POPULAR VOTE
§1301.  Membership - Article 1
Any state of the United States and the District of Columbia may become a member of 
this agreement by enacting this agreement.
§1302.  Right of people in member states to vote for President and Vice President - 
Article 2
Each member state shall conduct a statewide popular election for President and Vice 
President of the United States.
§1303.  Manner of appointing presidential electors in member states - Article 3
Prior to the time set by law for the meeting of and voting by the presidential electors, 
the chief election official of each member state shall determine the number of votes 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 shall add such votes together 
to produce a national popular vote total for each presidential slate.
The chief election official of each member state shall designate the presidential slate 
with the largest national popular vote total as 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 that state in 
association with the national popular vote winner.
At least 6 days before the day fixed by law for the meeting of and voting by the 
presidential electors, each member state shall make a final determination of the number 
popular votes cast in the state for each presidential slate and shall communicate an official 
statement of such determination within 24 hours to the chief election official of each other 
member state.
The chief election official of each member state shall treat as conclusive an official 
statement containing the number of popular votes in a state for each presidential slate made 
by the day established by federal law for making a state's final determination conclusive as 
to the counting of electoral votes by Congress.
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 of the elector slate 
nominated in association with the presidential slate receiving the largest number of popular 
votes within that official's own state.
If, for any reason, 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 has been 
designated as the national popular vote winner may nominate the presidential electors for 
that state and that state's presidential elector certifying official shall certify the appointment 
of such nominees.
The chief election official of each member state shall immediately release to the public 
all vote counts or statements of votes as they are determined or obtained.
This article governs the appointment of presidential electors in each member state in 
any year in which this agreement is, on July 20th, in effect in states cumulatively possessing 
a majority of the electoral votes.
§1304.  Contingent effective date; withdrawal; notification; severability - Article 4
This agreement takes effect when states cumulatively possessing a majority of the 
electoral votes have enacted this agreement in substantially the same form and the 
enactments by such states have taken effect in each state.
Any member state may withdraw from this agreement, except that a withdrawal 
occurring 6 months or less before the end of a President's term does not become effective 
until a President or Vice President has been qualified to serve the next term.
The chief executive of each member state shall promptly notify the chief executive of 
all other states when this agreement has been enacted and has taken effect in that official's 
state, when the state has withdrawn from this agreement and when this agreement takes 
effect generally.
This agreement terminates if the electoral college is abolished.
If any provision of this agreement is held invalid, the remaining provisions are not 
affected.
§1305.  Definitions - Article 5
As used in this agreement, the following terms have the following meanings.
1.  Chief election official.  "Chief election official" means the state official or body 
that is authorized to certify the total number of popular votes for each presidential slate.
2.  Chief executive.  "Chief executive" means the governor of a state of the United 
States or the Mayor of the District of Columbia.
3.  Elector slate.  "Elector slate" means a slate of candidates who have been nominated 
in a state for the position of presidential elector in association with a presidential slate.
4.  Presidential elector.  "Presidential elector" means an elector for President and Vice 
President of the United States.
5.  Presidential elector certifying official.  "Presidential elector certifying official" 
means the state official or body that is authorized to certify the appointment of the state's 
presidential electors.
6.  Presidential slate.  "Presidential slate" means a slate of 2 persons, the first of whom 
has been nominated as a candidate for President of the United States and the 2nd of whom 
has been nominated as a candidate for Vice President of the United States, or any legal 
successors to such persons, regardless of whether both names appear on the ballot presented 
to the voters in a particular state.
7.  State.  "State" means a state of the United States and the District of Columbia.
8.  Statewide popular election.  "Statewide popular election" means a general election 
in which votes are cast for presidential slates by individual voters and counted on a 
statewide basis.
§1306.  Conflicts
All laws in a member state in conflict with this agreement are superseded to the extent 
of the conflict.
Sec. 4.  Legislative intent.  The text and numbering of the Interstate Compact:  
Agreement among the States To Elect the President of the United States by National 
Popular Vote have been changed to conform to Maine statutory conventions.  The changes 
are technical in nature, and it is the intent of the Legislature that this Act be interpreted as 
substantively the same as the original interstate compact.
Sec. 5.  Contingent effective date.  That section of this Act that amends the Maine 
Revised Statutes, Title 21-A, section 805, subsection 2 and that section of this Act that 
repeals Title 21-A, section 801, subsection 2 take effect upon the effective date of Title 
21-A, chapter 17.
SUMMARY
This bill repeals ranked-choice voting in general elections for President of the United 
States and instead proposes to adopt an interstate compact to elect the President of the 
United States by national popular vote.  Under the compact, the presidential candidate who 
receives the most popular votes in all 50 states and the District of Columbia is elected 
President.  Under the compact, all of a state's electoral votes would be awarded to the 
presidential candidate who receives the most popular votes in all 50 states and the District 
of Columbia.  The bill takes effect only if enacted by states possessing a majority of the 
electoral votes, that is, enough electoral votes to elect a President, which is 270 of 538.