ND Senate Passes Bill To Protect Electoral College From A National Popular Vote

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According to Law&Crime, the North Dakota Senate passed a bill last month “which aims to forbid election officials from disclosing how many actual votes are cast for each candidate in upcoming presidential elections.”

The total tallies would only be disclosed after future Electoral Colleges convene to select an official victor.

The measure, Senate Bill 2271, was introduced by Sen. Robert Erbele, a Republican from Lehr, N.D., who represents a district situated southeast of Bismarck. It would withhold the state’s vote count from the public and allow officials to only reveal the percentage of the total vote each candidate receives.

“[A] public officer, employee, or contractor of this state or of a political subdivision of this state may not release to the public the number of votes cast in the general election for the office of the president of the United States until after the times set by law for the meetings and votes of the presidential electors in all states,” the bill states

“After the votes for presidential electors are canvassed, the secretary of state may release the percentage of statewide votes cast for each set of presidential electors to the nearest hundredth of a percentage point, a list of presidential candidates in order of increasing or decreasing percentage of the vote received by presidential electors selected by the candidates, and the presidential candidate whose electors received the highest percentage of votes.”

The bill was passed with a vote of 43-3, according to the report. Law&Crime noted that Republicans hold a majority of 40-7 in the state Senate.

The bill is designed to prevent implementation of the national popular vote compact – a multi-state agreement aimed at circumventing the Electoral College.

The national popular vote compact is a nascent agreement amongst a coalition of states which have enacted statutes dictating that their presidential electors only cast votes for the presidential candidate who wins the popular vote across all 50 states and the District of Columbia. 

The compact—which would effectively neuter the Electoral College—takes effect once the coalition of states involved possess 270 or more electoral votes. According to nationalpopularvote.com, the agreement has been passed into law in 16 states possessing a total 196 Electoral College votes, including New York, California, Illinois, Massachusetts, and New Jersey.

Read the full report.

Image: North Dakota state Sen. Robert Erbele (R) directs the Senate choir. (Screengrab / The Bismarck Tribune / YouTube)

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