Nevada 2019 Regular Session Status: To Executive 2 D cosponsors

AB 186 — Makes various changes related to elections. (BDR 24-678)

Last action — (No further action taken.)

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2019 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

AN ACT relating to elections; enacting the Agreement Among the States to Elect the President by National Popular Vote; and providing other matters properly relating thereto.

Bill Text

What changed in the latest version

339 added · 377 removed

339 line(s) added, 377 removed.

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(Reprinted with amendments adopted on April 15, 2019) FIRST REPRINT A.B.
Assembly Bill No.
186 A SSEMBLY B ILLN O.
186–Assemblymen Thompson, Miller, Bilbray- Axelrod, Watts, Assefa;
186–ASSEMBLYMEN THOMPSON , MILLER , B ILBRAY -AXELROD , WATTS , SSEFA ;
Fumo, Munk and Spiegel Joint Sponsors:
UMO ,M UNK AND SPIEGEL FEBRUARY 18, 2019 ____________ JOINT SPONSORS :
Senators Ohrenschall, D.
ENATORS O HRENSCHALL , D.
Harris;
HARRIS ;AND W OODHOUSE ____________ Referred to Committee on Legislative Operations and Elections SUMMARY—Makes various changes related to elections.
and Woodhouse CHAPTER..........
(BDR 24-678) FISCAL NOTE:
Effect on Local Government:
May have Fiscal Impact.
Effect on the State:
Yes.
~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
LegThe United States Constitution requires the election of President and Vice President by presidential electors from each state who are appointed in the manner directed by each state legislature under the federal constitutional power granted to the states by the Presidential Electors Clause.
Legislative Counsel’s Digest:
The United States Constitution requires the election of President and Vice President by presidential electors from each state who are appointed in the manner directed by each state legislature under the federal constitutional power granted to the states by the Presidential Electors Clause.
XII) The United States Supreme Court has stated that the Presidential Electors Clause “concede[s] plenary power to the state legislatures in the matter of the appointment of electors” and “recognizes that the people act exclusively to define the method of effecting the object.” (McPherson v.
XII) The United States Supreme Court has stated that the Presidential Electors Clause “concede[s] plenary power to the state legislatures in the matter of the appointment of electors” and “recognizes that the people act through their representatives in the legislature, and leaves it to the legislature U.S.
Blacker,e 146 U.S.
at 35) the method of appointing this State’s presidential electors by enacting the Uniform Faithful Presidential Electors Act.
at 35) Under existing law in Nevada, the Legislature has exercised its power to define the method of appointing this State’s presidential electors by enacting the Uniform Faithful Presidential Electors Act.
(NRS 298.005-298.089) Existing law in the Uniform Act sets forth the process for the nomination of presidential electors, and alternates thereof, by major and minor political parties and by independent candidates, and requires each nominee for presidential elector and alternate to sign - *AB186_R1* – 2 – a pledge to vote only for the candidates for President and Vice President who receive the highest number of votes in this State at the general election.
(NRS 298.005-298.089) Existing law in the Uniform Act sets forth the process for the nomination of presidential electors, and alternates thereof, by major and minor political parties and by independent a pledge to vote only for the candidates for President and Vice President whoto sign receive the highest number of votes in this State at the general election.
(NRS President and Vice President receive the highest number of votes in this State at the general election are the presidential electors, and the presidential electors may vote only for the candidates for President and Vice President who receive the highest number of votes in this State at the general election.
(NRS 298.035, 298.045) The nominees for presidential elector whose candidates for President and Vice President receive the highest number of votes in this State at the general election are the presidential electors, and the presidential electors may vote only for the candidates for President and Vice President who receive the highest number of votes in this State at the general election.
applies to a presidential election:
Sections 3 and 7 of this bill provide that if the Agreement is effective and applies to a presidential election:
(1) the chief elections official will determine which slate of candidates for President and Vice President wins the national popular vote and will designate that presidential slate as the national popular vote winner;
(1) the chief elections official will determine which slate of candidates for President and Vice President wins the national popular vote and will designate that presidential slate as the national popular vote - 80th Session (2019) – 2 – winner;
EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
“Agreement” means the Agreement Among the States to Elect the President by National Popular Vote set forth in section 3 of this act.
“Agreement” means the Agreement Among the States to Elect the President by National Popular Vote set forth in section of this act.
- *AB186_R1* – 3 – Article II–Right of the People in Member States to Vote for President and Vice President 4 Each member state shall conduct a statewide popular election for President and Vice President of the United States.
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.
7 Article III–Manner of Appointing Presidential Electors in Member States 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.
Article III–Manner of Appointing Presidential Electors in Member States 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 - 80th Session (2019) – 3 – 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 national popular vote winner.at state in association with the voting by the presidential electors, each member state shall make ad 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 designate the “national popular vote winner.”gest national popular vote total as 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.
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.
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 24 hours to the chief election official of each other member state.
conclusive an official statement containing the number of populars 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.
- *AB186_R1* – 4 – 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.
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 vote winner shall have the power to nominate the presidentialopular electors for that state and that state’s presidential elector certifying official shall certify the appointment of such nominees.
This article shall govern the appointment of presidential electors in each member state in any year in which this agreement is, on July 20, in effect in states cumulatively possessing a majority of the electoral votes.
- 80th Session (2019) – 4 – This article shall govern the appointment of presidential electors in each member state in any year in which this agreement is, on July 20, in effect in states cumulatively possessing a majority of the electoral votes.
Any member state may withdraw from this agreement, except President’s term shall not become effective until a President or a Vice President shall have been qualified to serve the next term.
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.
The chief executive of each member state shall promptly notify the chief executive of all other states of when this agreement has state has withdrawn from this agreement, and when thistate, when the agreement takes effect generally.
Article V–Definitions For purposes of this agreement, - *AB186_R1* – 5 – “chief executive” shall mean the Governor of a State of the United States or the Mayor of the District of Columbia;
Article V–Definitions For purposes of this agreement, “chief executive” shall mean the Governor of a State of the United States or the Mayor of the District of Columbia;
4 “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;
nominated in a state for the position of presidential elector in association with a presidential slate;
8 “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;
“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;
“presidential elector” shall mean an elector for President and Vice President of the United States;
- 80th Session (2019) – 5 – “presidential elector” shall mean an elector for President and Vice President of the United States;
“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;
“presidential slate” shall mean a slate of two persons, the first of whom has been nominated as a candidate for President of the 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;
The words and terms defined in NRS 298.023 and 298.028 and section 2 of this act have the meanings ascribed to them in those sections [.] ;
The words and terms defined in NRS 298.023 and 298.028 and section 2 of this act have the meanings ascribed to them in tho2.
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and 2.
seIf the Agreement Among the States to Elect the President by National Popular Vote is effective and the Agreement governs the appointment of presidential electors for the current presidential election, the words and terms defined in the Agreement have the meanings ascribed to them therein.
If the Agreement Among the States to Elect the President by National Popular Vote is effective and the Agreement governs the appointment of presidential electors for the current - *AB186_R1* – 6 – presidential election, the words and terms defined in the Agreement have the meanings ascribed to them therein.
298.028 “Nominee for presidential elector” means a person selected [pursuant to NRS 298.035] to be a nominee to the position of presidential elector by a major political party, a minor political party or an independent candidate nominated for the office of President pursuant to NRS 298.109.
298.028 “Nominee for presidential elector” means a person selected [pursuant to NRS 298.035] to be a nominee to the position of presidential elector by a major political party, a minor political - 80th Session (2019) – 6 – party or an independent candidate nominated for the office of President pursuant to NRS 298.109.
If selected for the position of presidential elector, I agree to serve as such and to vote only for the [nominees] candidates for President and Vice President of the political party or the independent candidates who received the highest number of votes in this State at the general election.
If selected for the position of presidential elector, I agree to for President and Vice President of the political party or the independent candidates who received the highest number of votes in this State at the general election.
However, if the Agreement Among the States to Elect the President by governs the appointment of presidential electors for the current presidential election, I agree to vote only for the presidential slate as determined pursuant to Article III of the Agreement.
However, if the Agreement Among the States to Elect the President by National Popular Vote is effective and the Agreement governs the appointment of presidential electors for the current presidential election, I agree to vote only for the candidates for President and Vice President on the winning presidential slate as determined pursuant to Article III of the Agreement.
The chair and secretary of the convention of a major political party, the person who is authorized to file the list of candidates for partisan office of a minor political party with the Secretary of State pursuant to NRS 293.1725 or an independent candidate shall submit to the Secretary of State each pledge signed pursuant to this section with the list of nominees for presidential elector and alternates.
The chair and secretary of the convention of a major political party, the person who is authorized to file the list of candidates for partisan office of a minor political party with the Secretary of State pursuant to NRS 293.1725 or an independent pursuant to this section with the list of nominees for presidential elector and alternates.
- *AB186_R1* – 7 – 2.
2.
[are the presidential electors.] (b) If the Agreement is effective and the Agreement governs the appointment of presidential electors for the current presidential election, the presidential electors are the elector slate nominated in association with the winning presidential slate as determined pursuant to Article III of the Agreement.
[are the presidential electors.] - 80th Session (2019) – 7 – (b) If the Agreement is effective and the Agreement governs the appointment of presidential electors for the current presidential election, the presidential electors are the elector slate nominated in association with the winning presidential slate as determined pursuant to Article III of the Agreement.
(a) If the alternate is present at the meeting, the Secretary of State shall appoint the alternate to the position of presidential elector;
State shall appoint the alternate to the position of presidentialof elector;
(b) If the alternate is not present at the meeting, the Secretary of State shall appoint to the position of presidential elector a person chosen by lot from among the alternates present at the meeting, if any(c) If no alternates are present at the meeting, the Secretary of State shall appoint to the position of presidential elector a person who is(1) A qualified elector;
(b) If the alternate is not present at the meeting, the Secretary of State shall appoint to the position of presidential elector a person chosen by lot from among the alternates present at the meeting, if any;
(c) If no alternates are present at the meeting, the Secretary of State shall appoint to the position of presidential elector a person who is:
(1) A qualified elector;
If all the positions of presidential elector are vacant and no alternates are present at the meeting, the Secretary of State shall appoint from the qualified electors one person to the position of presidential elector, and the remaining positions must be filled pursuant to paragraphs (c) and (d) of subsection [2.] 3.
If all the positions of presidential elector are vacant and no alternates are present at the meeting, the Secretary of State shall presidential elector, and the remaining positions must be filledf pursuant to paragraphs (c) and (d) of subsection [2.] 3.
- *AB186_R1* – 8 – [5.] 6.
[5.] 6.
6 I agree to serve as a presidential elector and to vote only for the [nominees] candidates for President and Vice President of the political party or the independent candidates who received the highest number of votes in this State at the general election.
- 80th Session (2019) – 8 – I agree to serve as a presidential elector and to vote only for the [nominees] candidates for President and Vice President of the political party or the independent candidates who received the highest number of votes in this State at the general election.
However, if the Agreement Among the States to Elect the President by National Popular Vote is effective and the Agreement governs the appointment of presidential electors for the current presidential election, I agree to vote only for the candidates for President and Vice President on the winning presidential slate as determined pursuant to Article III of the Agreement.
However, if the Agreement Among the States to Elect the President by National Popular Vote is effective and the Agreement governs the appointment of presidential electors for the current presidential election, I agree to vote only for the candidates for President and Vice pursuant to Article III of the Agreement.te as determined [6.] 7.
[6.] 7.
If a person appointed to a position of presidential elector pursuant to this section does not sign the pledge described in subsection [5,] 6, that position of presidential elector is vacant and musSec.
If a person appointed to a position of presidential elector pursuant to this section does not sign the pledge described in subsection [5,] 6, that position of presidential elector is vacant and must be filled pursuant to this section.
8.lleNRS 298.075 is hereby amended to read as follows:
Sec.
8.
NRS 298.075 is hereby amended to read as follows:
The Secretary of State shall provide to each for the office of Vice President.
The Secretary of State shall provide to each presidential elector a ballot for the office of President and a ballot for the office of Vice President.
[The]ffice of President and a ballot 2.
[The] 2.
(a) If the Agreement is not effective or the Agreement does not govern the appointment of presidential electors for the current presidential election, the person who received the highest number of votes at the general election for the office of President and the person who received the highest number of votes at the general election for the office of Vice President.
(a) If the Agreement is not effective or the Agreement does not govern the appointment of presidential electors for the current presidential election, the person who received the highest number of votes at the general election for the office of President and the election for the office of Vice President.
[The] (b) If the Agreement is effective and the Agreement governs the appointment of presidential electors for the current presidential election, the person who is the candidate for the office of President and the person who is the candidate for the office of Vice President on the winning presidential slate as determined pursuant to Article III of the Agreement.
[The]at the general (b) If the Agreement is effective and the Agreement governs the appointment of presidential electors for the current presidential election, the person who is the candidate for the office of President and the person who is the candidate for the office of Vice President on the winning presidential slate as determined pursuant to Article III of the Agreement.
- *AB186_R1* – 9 – [2.] 4.
[2.] 4.
(a) Presents both ballots and the ballots are marked with votes [for the person who received the highest number of votes at the general election for the office of President and the person who received the highest number of votes at the general election for the office of Vice President, respectively,] that conform with the provisions of subsection 2, the Secretary of State shall accept both ballots.
- 80th Session (2019) – 9 – (a) Presents both ballots and the ballots are marked with votes [for the person who received the highest number of votes at the general election for the office of President and the person who received the highest number of votes at the general election for the office of Vice President, respectively,] that conform with the provisions of subsection 2, the Secretary of State shall accept both ballots.
Only the votes accepted by the Secretary of State pursuant to this section may be recorded on the lists of votes made by the preSec.
Only the votes accepted by the Secretary of State pursuant to presidential electors pursuant to 3 U.S.C.
9.al NRS 298.089 is hereby amended to read as follows:
§ 9.tes made by the Sec.
298.089 [In] and construing the provisions of NRS 298.005 to 298.089, inclusive, and section 2 of this act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that have enacted the Uniform Faithful Presidential Electors Act.
9.
NRS 298.089 is hereby amended to read as follows:
298.089 [In] 1.
Except as otherwise provided in subsection 2, in applying and construing the provisions of NRS 298.005 to 298.089, inclusive, and section 2 of this act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that have enacted the Uniform Faithful Presidential Electors Act.
H - *AB186_R1*
~~~~~ 19 - 80th Session (2019)
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Amendments

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Action History

  1. (No further action taken.)

  2. Vetoed by the Governor. Returned to Assembly with Governor's veto message. Bill read. Placed on Chief Clerk's desk.

  3. Enrolled and delivered to Governor.

  4. In Assembly. To enrollment.

  5. Read third time. Passed. Title approved. (Yeas: 12, Nays: 8, Excused: 1.) To Assembly.

  6. Taken from General File. Placed on General File for next legislative day.

  7. From committee: Do pass. Placed on Second Reading File. Read second time.

  8. In Senate. Read first time. Referred to Committee on Legislative Operations and Elections. To committee.

  9. From printer. To engrossment. Engrossed. First reprint. Read third time. Passed, as amended. Title approved. (Yeas: 23, Nays: 17, Excused: 2.) To Senate.

  10. Read second time. Amended. (Amend. No. 55.) To printer.

  11. From committee: Amend, and do pass as amended.

  12. From printer. To committee.

  13. Read first time. Referred to Committee on Legislative Operations and Elections. To printer.

Sponsors

Sponsorship breakdown

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11 sponsors · 0 co-sponsors · 56 not signed on

Sponsors (11)

Co-sponsors (0)

None.

Not signed on (56)

56 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Subjects

elections
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Frequently asked questions

What does AB 186 do?
AN ACT relating to elections; enacting the Agreement Among the States to Elect the President by National Popular Vote; and providing other matters properly relating thereto.
Who sponsors AB 186?
AB 186 is sponsored by Assemblyman Alexander Assefa, Senator James Ohrenschall, Assemblywoman Connie Munk, Assemblywoman Ellen Spiegel, Watts, Howard (Democratic), Miller, Brittney M. (Democratic), Joyce Woodhouse, Ozzie Fumo, Harris, Dallas, Shannon Bilbray-Axelrod, and Tyrone Thompson.
What is the current status of AB 186?
This bill died with 2019 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 186?
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