An Act to Adopt an Interstate Compact to Elect the President of the United States by National Popular Vote
Maine Legislature, Session 131, LD 1578
Committee: Veterans and Legal Affairs
Sponsors: BELL, ZAGER, POULIOT, JAUCH, SUPICA, TALBOT ROSS, TERRY, DAUGHTRY, JACKSON, VITELLI
Amends: 21-A MRSA §723-A, 21-A MRSA §801, 21-A MRSA §803, 21-A MRSA §805

Legislative Document
No. 1578
H.P. 1023
House of Representatives, April 11, 2023
An Act to Adopt an Interstate Compact to Elect the President of the 
United States by National Popular Vote
Reference to the Committee on Veterans and Legal Affairs suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative BELL of Yarmouth.
Cosponsored by Representative ZAGER of Portland, Senator POULIOT of Kennebec and
Representatives: JAUCH of Topsham, SUPICA of Bangor, Speaker TALBOT ROSS of 
Portland, TERRY of Gorham, Senators: DAUGHTRY of Cumberland, President JACKSON of 
Aroostook, VITELLI of Sagadahoc.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  21-A MRSA §723-A, sub-§1, ¶A, as enacted by IB 2015, c. 3, §5, is 
amended to read:
A.  "Batch elimination" means the simultaneous defeat removal from consideration of 
multiple candidates for whom it is mathematically impossible to be elected.
Sec. 2.  21-A MRSA §723-A, sub-§1, ¶C, as enacted by IB 2015, c. 3, §5, is 
amended to read:
C.  "Continuing candidate" means a candidate who has not been defeated removed from 
consideration.
Sec. 3.  21-A MRSA §723-A, sub-§2, as amended by PL 2019, c. 320, §12, is 
further amended to read:
2.  Procedures.  Except as provided in subsections 3 and, 4 and 7, the following 
procedures are used to determine the winner of an election determined by ranked-choice 
voting.  The ranked‑choice voting count must proceed in rounds.  In each round, the number 
of votes for each continuing candidate must be counted.  Each continuing ballot counts as 
one vote for its highest-ranked continuing candidate for that round.  Exhausted ballots are 
not counted for any continuing candidate.  The round then ends with one of the following 
potential outcomes.
A.  If there are 2 or fewer continuing candidates, the candidate with the most votes is 
declared the winner of the election.
B.  If there are more than 2 continuing candidates, the last-place candidate is defeated 
removed from consideration and a new round begins.
Sec. 4.  21-A MRSA §723-A, sub-§3, as amended by PL 2019, c. 320, §13, is 
further amended to read:
3.  Ties.  A tie under this section between last-place candidates in any round must be 
decided by lot, and the candidate chosen by lot is defeated removed from consideration.  
The result of the tie resolution must be recorded and reused in the event of a recount.  A tie 
between candidates for the most votes in the final round must be decided as provided in 
section 732.
Sec. 5.  21-A MRSA §723-A, sub-§4, ¶B, as amended by PL 2019, c. 320, §14, is 
further amended to read:
B.  Two or more candidates may be defeated removed from consideration 
simultaneously by batch elimination in any round of counting.
Sec. 6.  21-A MRSA §723-A, sub-§7 is enacted to read:
7.  Procedures for using ranked-choice voting when National Popular Vote for 
President Act governs.  In a presidential election determined by ranked-choice voting 
when the National Popular Vote for President Act governs the appointment of presidential 
electors, the following procedures are used to determine the presidential vote count, except 
that, notwithstanding subsection 3, a statewide tie between the candidates in the final round 
may not be resolved and the provisions of subsection 4 regarding the modification of the 
ballot and count are permitted.
A.  As used in this subsection, unless the context otherwise indicates, the following 
terms have the following meanings.
(1) "Continuing presidential slate" means a presidential slate that has not been 
removed from consideration.
(2) "Final round" means the round that ends with the result described in paragraph 
C, subparagraph (1).
B.  If no presidential slate initially receives more than 50% of the first-choice votes, 
the ranked-choice voting count must be conducted under the supervision of the 
Secretary of State for successive rounds.
C.  The ranked-choice voting count must proceed in rounds. In each round, the number 
of votes for each continuing candidate presidential slate must be counted. Each 
continuing ballot counts as one vote for its highest-ranked continuing presidential slate 
for that round.  Exhausted ballots are not counted for any continuing presidential slate.  
The round then ends with one of the following 2 potential outcomes.  
(1) If there are 2 or fewer continuing presidential slates, the vote counts of those 
continuing presidential slates are recorded as the results of the presidential vote 
counting process and no further rounds may occur.  
(2) If there are more than 2 continuing presidential slates, the last-place presidential 
slate is removed from consideration and a new round begins.
Sec. 7.  21-A MRSA §801, sub-§2, as enacted by PL 2019, c. 539, §4, is amended 
to read:
2.  Counting of ballots.  Counting of ballots for candidates for President must proceed 
according to the ranked‑choice method of counting votes described in section 723‑A, with 
the exception of subsection 7.  If the National Popular Vote for President Act governs the 
manner of appointing presidential electors, counting of ballots must proceed according to 
the ranked-choice method of counting votes as described in section 723-A, subsection 7.  
Sec. 8.  21-A MRSA §803, as amended by PL 2021, c. 273, §29, is repealed and the 
following enacted in its place:
§803.  Duties of Governor
1.  Duties.  Except when the National Popular Vote for President Act governs the 
appointment of presidential electors, as soon as possible after the presidential electors are 
chosen, the Governor shall send a certificate of the determination of the electors to the 
Archivist of the United States under state seal. The certificate must state the names of the 
electors and the number of votes each candidate for President received statewide and for 
each congressional district in the final round of tabulation under section 723-A. The 
Governor shall deliver 6 certificates under state seal to the electors before the day 
established by federal law for the meeting of electors.
2.  Duties when National Popular Vote for President Act governs.  Notwithstanding 
subsection 1, when the National Popular Vote for President Act governs the appointment 
of presidential electors, the Governor has the following duties.
A.  As soon as possible after the canvass of the presidential count under section 723-A, 
subsection 7 is determined, the Governor shall send a certificate of determination 
containing the statewide number of votes for each presidential slate that received votes 
in the final round to the Archivist of the United States under state seal.  This final round 
vote is deemed to be the determination of the vote in the State for the purposes of 
section 1304.   
As used in this paragraph, "final round" means the round that ends with the result 
described in section 723-A, subsection 7, paragraph C, subparagraph (1).
B.  As soon as possible after the electors are appointed as provided in the National 
Popular Vote for President Act, the Governor shall send a certificate of determination 
of the electors containing the names of the electors to the Archivist of the United States 
under state seal.  This certificate may be included with the certificate required pursuant 
to paragraph A if this certificate is available at the time the certificate required by 
paragraph A is required to be issued. 
C.  No later than the day before the day established by federal law for the meeting of 
electors, the Governor shall deliver 6 certificates under state seal to the electors 
appointed as provided in the National Popular Vote for President Act.
Sec. 9.  21-A MRSA §805, sub-§2, as amended by PL 2019, c. 539, §5, is further 
amended to read:
2.  Presidential electors.  The Except as provided in subsection 2-A, 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. 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.
Sec. 10.  21-A MRSA §805, sub-§2-A is enacted to read:
2-A.  Presidential electors when National Popular Vote for President Act governs.  
Notwithstanding subsection 2, when the National Popular Vote for President Act governs 
the appointment of presidential electors, the presidential electors shall cast their ballots for 
the presidential slate designated as the national popular vote winner pursuant to section 
1304.
Sec. 11.  21-A MRSA c. 17 is enacted to read:
CHAPTER 17
ELECTION OF THE PRESIDENT OF THE UNITED STATES BY POPULAR 
VOTE
SUBCHAPTER 1
INTERSTATE COMPACT: AGREEMENT AMONG THE STATES TO ELECT 
THE PRESIDENT OF THE UNITED STATES BY NATIONAL POPULAR VOTE
§1301.  Short title
This subchapter may be known and cited as the National Popular Vote for President 
Act.
§1302.  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.
§1303.  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.
§1304.  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 of 
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.
§1305.  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.
§1306.  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.
§1307.  Conflicts
All laws in a member state in conflict with this agreement are superseded to the extent 
of the conflict.
SUBCHAPTER 2
PROVISIONS REGARDING THE NATIONAL POPULAR VOTE FOR 
PRESIDENT ACT
§1310.  Duty of Secretary of State to provide notice of effect and discontinuation of 
National Popular Vote for President Act
Upon receipt of notice that the states participating in the interstate compact to elect the 
President of the United States described in subchapter 1 hold a majority of the total electoral 
votes, the Secretary of State immediately shall inform the Governor, the President of the 
Senate, the Speaker of the House of Representatives, the Secretary of the Senate, the Clerk 
of the House of Representatives and the Revisor of Statutes that the National Popular Vote 
for President Act governs the appointment of presidential electors.
If the Secretary of State is subsequently notified or learns that the National Popular 
Vote for President Act does not govern the appointment of presidential electors due to the 
number of electoral votes held by the states participating in the interstate compact to elect 
the President of the United States being less than a majority of the total electoral votes, the 
Secretary of State shall immediately inform the Governor, the President of the Senate, the 
Speaker of the House of Representatives, the Secretary of the Senate, the Clerk of the 
House of Representatives and the Revisor of Statutes of that fact.
Sec. 12.  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.
SUMMARY
This bill adopts the Interstate Compact: Agreement Among the States to Elect the 
President of the United States by National Popular Vote, referred to as the National Popular 
Vote for President Act.   Under the compact, all of a participating state's electoral votes are 
awarded to the presidential slate that receives the most popular votes in all 50 states and 
the District of Columbia.  Since the compact takes effect only when the number of electoral 
votes held by the participating states equals a majority of the overall total number of 
electoral votes, currently at least 270 of the 538 electoral votes, the presidential slate that 
receives the most popular votes is declared the winning slate.
The bill also adjusts the use of ranked-choice voting to determine the electors in this 
State when the National Popular Vote for President Act governs the appointment of 
electors.  Under the bill, if no presidential slate receives a majority of the initial votes cast 
for president in the State, the count is determined by ranked-choice voting under the 
supervision of the Secretary of State.  Only the vote counts of the 2 slates in the final round 
of ranked-choice voting are forwarded by the Governor to the Archivist of the United States 
for determination of the national popular vote count.
To clarify the process under ranked-choice voting regarding candidates, the bill 
replaces the word "defeated" with the term "removed from consideration."
The National Popular Vote for President Act is only in effect when the number of 
electoral votes held by the participating states equals a majority of the overall total number 
of electoral votes, so that if that number falls below a majority, due to a state withdrawing 
as a member of the compact, the National Popular Vote for President Act will not govern 
subsequent presidential elections.  The Secretary of State is required to provide notice of 
both when the Act is in effect and when it has been discontinued.