Virginia SB 322: National Popular Vote Compact; enters Virginia into an interstate compact.

Bill Text

2026 SESSION

INTRODUCED

26100242D

SENATE BILL NO. 322

Offered January 14, 2026

Prefiled January 13, 2026

A BILL to amend and reenact § 24.2-243 of the Code of Virginia and to amend the Code of Virginia by adding in Chapter 2 of Title 24.2 an article numbered 2.1, consisting of sections numbered 24.2-209.1 and 24.2-209.2, relating to the presidential electors and the Agreement Among the States to Elect the President by National Popular Vote Compact.

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Patrons—Ebbin, Carroll Foy, VanValkenburg, Aird, Boysko, Favola, Jones, Locke, Lucas, Marsden, Pekarsky, Perry, Roem, Salim, Srinivasan and Williams Graves; Delegates: Anthony, Bennett-Parker, Carnegie, Clark, Convirs-Fowler, Delaney, Feggans, Gardner, Guzman, Helmer, Henson, Hope, Krizek, Maldonado, Martinez, Nivar, Price, Rasoul, Reid, Simon and Watts

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Referred to Committee on Privileges and Elections

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Be it enacted by the General Assembly of Virginia:

1. That § 24.2-243 of the Code of Virginia is amended and reenacted and that the Code of Virginia is amended by adding in Chapter 2 of Title 24.2 an article numbered 2.1, consisting of sections numbered 24.2-209.1 and 24.2-209.2, as follows:

Article 2.1.

Agreement Among the States to Elect the President by National Popular Vote.

§ 24.2-209.1. Agreement Among the States to Elect the President by National Popular Vote; form of compact.

The Agreement Among the States to Elect the President by National Popular Vote is enacted into law and entered into with all other jurisdictions legally joining therein in the form substantially as follows:

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 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 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.

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 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.

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.

ARTICLE IV. Other Provisions.

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