* § 12-402. Adoption and text of compact. The agreement among the
states to elect the president by national popular vote is adopted and
enacted into law as follows:

ARTICLE I

Membership. Any state of the United States and the District of
Columbia may become a member of this agreement by enacting this
agreement.

ARTICLE II

Right of the people in member states to vote for president and vice
president. Each member state shall conduct a statewide popular election
for president and vice president of the United States.

ARTICLE III

Manner of appointing presidential electors in member states. 1. Prior
to the time set by law for the meeting 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.

2. 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".

3. 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.

4. At least six days before the day fixed by law for the meeting 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 twenty-four hours to the chief election
official of each other member state.

5. 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.

6. In 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.

7. 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 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. 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.

9. This article shall govern the appointment of presidential electors
in each member state in any year in which this agreement is, on July
twentieth, in effect in states cumulatively possessing a majority of the
electoral votes.

ARTICLE IV

Other provisions. This agreement shall take 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 six months or
less before the end of a president's term shall not become effective
until a president or vice president shall have been qualified to serve
the next term. The chief executive of each member state shall promptly
notify the chief executive of all other states of 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 shall terminate if the electoral college is abolished.

If any provision of this agreement is held invalid, the remaining
provisions shall not be affected.

ARTICLE V

Definitions. For purposes of this agreement:

1. "Chief executive" shall mean the governor of a state of the United
States or the mayor of the District of Columbia.

2. "Elector slate" shall mean a slate of candidates who have been
nominated in a state for the position of presidential elector in
association with a presidential slate.

3. "Chief election official" shall mean the state official or body
that is authorized to certify the total number of popular votes for each
presidential slate.

4. "Presidential elector" shall mean an elector for president and vice
president of the United States.

5. "Presidential elector certifying official" shall mean the state
official or body that is authorized to certify the appointment of the
state's presidential electors.

6. "Presidential slate" shall mean a slate of two persons, the first
of whom has been nominated as a candidate for president of the United
States and the second 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
voter in a particular state.

7. "State" shall mean a state of the United States and the District of
Columbia.

8. "Statewide popular election" shall mean a general election in which
votes are cast for presidential slates by individual voters and counted
on a statewide basis.

* NB Effective upon notification by the commissioner of the state
board of elections upon the occurence of the adoption of the agreement
among the states to elect the president by national popular vote by two
or more states.