South Carolina H 3870: Steven Marshall Guyon-Martin

Bill Text

2025-2026 Bill 3870 Text of Previous Version (Jan. 30, 2025) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 3870

Indicates Matter Stricken
Indicates New Matter

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 
7-19-130 SO AS TO ADOPT "THE AGREEMENT AMONG THE STATES TO ELECT THE PRESIDENT 
BY NATIONAL POPULAR VOTE" AND FOR OTHER PURPOSES; AND BY REPEALING SECTIONS 7-19-70, 
7-19-80, 7-19-90, 7-19-100, AND 7-19-120 ALL RELATING TO PRESIDENTIAL ELECTORS.

Be it enacted by the 
General Assembly of the State of South Carolina:

SECTION 1. Chapter 19, Title 7 of the S.C. Code is amended by 
adding:

 Section 7-19-130. The "Agreement Among the States to Elect the President 
by National Popular Vote" is enacted into law and entered into by this State 
with all states legally joining therein and in the form substantially as 
follows:

To Adopt the Agreement Among the States

to Elect the President by National Popular Vote

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.

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.

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 the 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 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 this determination within twenty-four 
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 the 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 has 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 immediately shall release to the public all vote 
counts or statements of votes as they are determined or obtained.

 This article shall 
govern the appointment of presidential electors in each member state in any 
year in which this agreement is, on July twentieth, in effect in states 
cumulatively possessing a majority of the electoral votes.

Article IV

Other Provisions

 This agreement takes 
effect when states cumulatively possessing a majority of the electoral votes 
have enacted this agreement in substantially the same form and the enactments 
by these states have taken effect in each state.

 A 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 has been qualified to serve the next term.

 The chief executive of 
each member state promptly shall notify the chief executive of all other states 
of when this agreement has been enacted and has taken effect in