New Jersey § 19:36-4

§ 19:36-4.

The State of New Jersey hereby enacts into law and enters into the “Agreement Among

the States to Elect the President by National Popular Vote” as set forth in this section,

and substantially as follows: a. 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. b. 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. c. 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 24 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. 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. (8) 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. d. Article IV-Other Provisions (1) 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. (2) 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. (3) 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. (4) This agreement shall terminate if the electoral college is abolished. (5) If any provision of this agreement is held invalid, the remaining provisions shall

not be affected. e. Article V-Definitions For purposes of this agreement: “ Chief executive ” means the Governor of a State of the United States or the Mayor of the District

of Columbia; “ 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; “ Chief election official ” means the state official or body that is authorized to certify the total number

of popular votes for each presidential slate; “ Presidential elector ” means an elector for President and Vice President of the United States; “ Presidential elector certifying official ” means the state official or body that is authorized to certify the appointment of

the state's presidential electors; “ Presidential slate ” means 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; “ State ” means a State of the United States and the District of Columbia; and “ Statewide popular election ” means a general election in which votes are cast for presidential slates by individual

voters and counted on a statewide basis.