Date: 03/09/2009

Final
BILL SUMMARY for HB09-1299

HOUSE COMMITTEE ON JUDICIARY

Votes: View--> Action Taken:
Adopt prepared amendment L.001 (Attachment B). Th
Refer House Bill 09-1299 to the Committee of the W
FAIL
PASS



02:28 PM -- House Bill 09-1299

Representative A. Kerr, prime sponsor, presented House Bill 09-1299 concerning adoption of an agreement among the states to elect the President of the United States by national popular vote. The bill enters Colorado into an agreement with other states to cast presidential electoral votes for the winner of the national popular vote. Election officials from each participating state are to determine a national popular vote winner based on votes cast in all 50 states and the District of Columbia, and are required to certify the slate of electors belonging to the winner of the national popular vote. The agreement takes effect when a group of states possessing a majority of the votes in the Electoral College have enacted the agreement.

The committee conducted a lengthy discussion with Representative A. Kerr about the merits of the bill.

03:01 PM

Discussion about the merits of the idea of a national popular vote continued.

03:16 PM -- Jamie Raskin, representing himself, spoke in support of the bill. Professor Raskin discussed his background as a law professor of constitutional law at American University in Washington, D.C. He is also a state senator in the Maryland legislature, where he sponsored similar legislation. Professor Raskin stated that the system is, in fact broken. President of the United States is basically the only office in the country that is not elected democratically by the popular vote. Many states are considered "safe" states and so true campaigning does not happen in those states. Large swing states get the most attention and Professor Raskin believes that this is a problem for democracy. Incentives for electoral mischief or fraud are high in large swing states. He believes that the current scheme leaves the rest of the states at the mercy of what happens in these large swing states. Article 2 of the United States Constitution leaves it up to the state legislatures to decide how best to appoint electoral college votes. He discussed the exercise of constitutional powers by the states.

The committee discussed the potential for disenfranchising voters in safe states, but Professor Raskin indicated that candidates for national office need to reach out to the majority of voters, who do not currently live in urban areas. More voters live in suburbs and rural areas than in urban areas of the United States. The committee discussed the notion that the bill could make it more difficult for a viable third party candidate to be elected. The committee continued discussing the constitutionality of the bill.

04:06 PM --
Tom Hill, County Clerks of Colorado, took no position on the bill, but raised concerns about potential recounts that might occur as a result of the bill. Mr. Hill asked about the length of time for the transition of power in the case of a recount. Representative A. Kerr indicated that recounts are very rare and the chances of it happening in the future would decrease under the bill. The committee discussed the possibility of recounts in the future. Professor Raskin returned to discuss the statistical likelihood of a close election at the national level that would require a recount.

04:18 PM --
Jenny Flanagan, Colorado Common Cause, spoke in support of the bill. Ms. Flanagan stated her belief that the current method for electing the President of the United States is flawed. She indicated that the bill will enfranchise many new voters.


BILL:HB09-1299
TIME: 04:20:56 PM
MOVED:Gardner B.
MOTION:Adopt prepared amendment L.001 (Attachment B). The amendment removes the safety clause from the bill and provides an effective date for the bill. The motion failed on a vote of 4-5, with 2 excused.
SECONDED:Roberts
VOTE
Apuan
No
Court
No
Gardner B.
Yes
King
Yes
Miklosi
Excused
Pace
Excused
Roberts
Yes
Ryden
No
Waller
Yes
McCann
No
Levy
No
Not Final YES: 4 NO: 5 EXC: 2 ABS: 0 FINAL ACTION: FAIL



04:25 PM

Representative A. Kerr wrapped up his presentation of the bill and asked for a favorable recommendation.

BILL:HB09-1299
TIME: 04:38:52 PM
MOVED:Court
MOTION:Refer House Bill 09-1299 to the Committee of the Whole with a favorable recommendation. Committee members commented about their positions on the bill. The motion passed on a vote of 6-4, with 1 excused.
SECONDED:McCann
VOTE
Apuan
Yes
Court
Yes
Gardner B.
No
King
No
Miklosi
Excused
Pace
Yes
Roberts
No
Ryden
Yes
Waller
No
McCann
Yes
Levy
Yes
Final YES: 6 NO: 4 EXC: 1 ABS: 0 FINAL ACTION: PASS




04:39 PM

Representative Levy adjourned the committee.