BILL ANALYSIS
AB 2948
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ASSEMBLY THIRD READING
AB 2948 (Umberg)
As Amended April 4, 2006
Majority vote
ELECTIONS 5-2 APPROPRIATIONS 13-5
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|Ayes:|Umberg, Karnette, Klehs, |Ayes:|Chu, Bass, Berg, |
| |Leno, Levine | |Calderon, |
| | | |De La Torre, Karnette, |
| | | |Klehs, Leno, Nation, |
| | | |Oropeza, Ridley-Thomas, |
| | | |Saldana, Yee |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Wyland, Villines |Nays:|Sharon Runner, Emmerson, |
| | | |Haynes, Nakanishi, |
| | | |Walters |
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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 the states
who are parties to the compact cumulatively possess a majority
of the electoral votes. 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 in that official's
state of the elector slate nominated in that state in
association with the presidential slate that had the largest
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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, and requires the chief
election official of each member state to treat any such
statement received from another state as conclusive.
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, on July 20, in effect in states
cumulatively possessing a majority of electoral votes.
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;
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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.
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.
FISCAL EFFECT : According to an Assembly Appropriations
Committee analysis, minor fiscal impact every four years to the
Secretary of State to implement compact procedures.
COMMENTS : According to the author, "With the current
winner-take-all allocation of each state's electoral votes,
candidates are forced to focus exclusively on a small number of
'battleground' states. Because California hasn't been one of
the battleground states, we have largely been ignored by recent
Presidential campaigns. Under the current system of electing
the President, as long as California remains a solidly
Democratic state, there is no reason for Presidential candidates
of any party to pay attention to California voters. California
will continue to be seen by Presidential candidates as nothing
more than an ATM for their campaign coffers. AB 2948 enacts an
interstate compact in which the member states agree to award
their electoral votes to the Presidential ticket that receives
the most popular votes nationwide. The compact would take
effect only when the plan was enacted by states collectively
possessing a majority of the electoral votes - thereby
guaranteeing that the candidate receiving the most popular votes
nationwide wins enough electoral votes to become President."
Please see the policy committee analysis for a full discussion
of this bill.
Analysis Prepared by : Ethan Jones / E. & R. / (916) 319-2094
FN: 0014558