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Ch. 44
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Martin O'Malley, Governor
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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.
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 elector slate nominated in that state in association with the
national popular vote winner.
at least sex 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.
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.
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.
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
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- 865 -
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