Defending [STATE] Voters and the Constitution Act

Task Forces: Process and Procedures

Draft Disclaimer

Prior to task force meetings, ALEC posts these legislative member-submitted draft model policies to our website. The draft model policies are then discussed, debated, and voted on by ALEC task force members. Policies that receive final approval by legislators on the ALEC Board of Directors become official ALEC model policy. Draft model policies that fail to become official ALEC model policy are removed from the website.

Summary

The Electoral College, established by the U.S. Constitution, is intended to provide a state-based election process for Presidents of the United States. It is under threat by the National Popular Vote Interstate Compact, which would manipulate the Electoral College to diminish the role of states, comingle votes across state lines, and eliminate many of the systems checks and balances. This Act prohibits a state from cooperating with the NPV compact and authorizes state officials to prepare for litigation and other opposition to the compact.

Model Policy

Section 1. Title.
This Act may be cited as the “Defending [STATE] Voters and the Constitution Act.”


Section 2. Prohibiting Cooperation with the “Agreement Among the States to Elect the President by National Popular Vote.”
(a) No agency or political subdivision of this state, nor any person acting on behalf of any agency or political subdivision of this state, may cooperate or assist in the implementation or operation of the “Agreement Among the States to Elect the President by National Popular Vote” or any related or substantially similar policy.
(b) Subsection (a) does not prohibit any act otherwise required by the laws of this state or by federal law.

Section 3. Preparing for Litigation.
(a) The Attorney General of [STATE] shall be prepared to litigate against the “Agreement Among the States to Elect the President by National Popular Vote” in the event that other states attempt to put the Agreement into operation.


Section 4. Interstate Coordination.
(a) The Governor, Attorney General, and other officers of the state of [STATE] are authorized to notify the officers of other states that [STATE] opposes the “Agreement Among the States to Elect the President by National Popular Vote,” and to coordinate with the officers of other states to litigate against and otherwise oppose the Agreement.
Section 5. This Act shall take immediate effect.