The following is a sample of suggestive wordings for legislation based on various state styles and formats. These are intended to serve as starter templates to facilitate the creation of a bill.
The following elements (whether present in the examples below or not) are suggested as essential and should be clear to the reader:
STATE OF [STATE]
[Insert Bill Number Here]
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF [STATE]:
SECTION 1. PURPOSE
The purpose of this act is to amend the election code to change the method of electing United States Senators in this state. This act is necessary to restore the Founders’ original intent for Senate elections by providing for the election of Senators by a majority of counties in this state, as opposed to the current system of popular election.
SECTION 2. AMENDMENTS
(A) Chapter [Insert Chapter Number] of the Election Code is amended by adding a new subchapter [Insert Subchapter Number] to read as follows:
Subchapter [Insert Subchapter Number]. Method of Electing United States Senators
Sec. [Insert Section Number]. METHOD OF ELECTION OF UNITED STATES SENATORS.
(a) Notwithstanding any other provision of law, a Senator of the United States from this state shall be elected by the majority of counties in this state.
(b) For the purposes of this subchapter, the “majority of counties” means the number of counties that is equal to or greater than one-half of the total number of counties in this state.
(c) For purposes of tabulation, each county’s result shall be determined by the candidate who receives the most votes within that county.
(d) In the event that no candidate for the United States Senate receives a majority of counties, a run-off election shall be held between the two candidates who won the greatest number of counties in the county-based tabulation.
(e) The provisions of this subchapter shall apply only to the election of United States Senators and shall not apply to the election of any other office.
SECTION 3. EFFECTIVE DATE
This act shall take effect on [Insert Effective Date].
SECTION 4. EMERGENCY CLAUSE
This act is necessary for the immediate preservation of the public peace, health, and safety and is therefore declared to be an emergency measure that shall take effect immediately upon its passage and approval.
Respectfully submitted,
State of [STATE NAME]
[DATE]
To amend the election law relating to Senatorial elections
Section 1. Purpose
This Act amends the election law relating to Senatorial elections by changing the manner in which Senatorial winners are determined from the popular vote to majority of counties.
Section 2. Definitions
(A) For purposes of this Act, “county” shall mean a county or county-equivalent political subdivision recognized by the State for general governmental purposes.
(B) For purposes of this Act, “majority of counties” shall mean the majority of counties within the state.
Section 3. Method of Election
(A) Beginning with the next regularly scheduled election following the enactment of this Act, the election of Senators from this State shall be determined by a majority of counties.
(B) Each county shall be awarded to the candidate receiving the highest number of votes within that county.
(C) In the event of a tie in counties won, the winner shall be the candidate who won the county with the largest geographic area (or another clear tie-breaking procedure shall be specified).
Section 4. Implementation
(A) The Secretary of State shall oversee the implementation of this Act.
(B) The Secretary of State shall promulgate rules and regulations necessary to carry out the provisions of this Act.
(C) This Act shall take effect upon its passage and approval.
Respectfully submitted,
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF [STATE]:
SECTION 1. PURPOSE
The purpose of this bill is to amend the election law of [State] concerning senatorial elections by changing the manner in which senatorial winners are determined from the popular vote to a majority of counties. This change would properly emulate the effect of selection by state legislatures intended by the Founders.
SECTION 2. ELECTION OF SENATORS
(a) Beginning with the general election in [year], the winner of each senatorial election shall be determined by the majority of counties won in the state.
(b) For the purpose of this section, a county is “won” by the candidate who receives the greatest number of votes within that county.
SECTION 3. CERTIFICATION OF RESULTS
(a) The Secretary of State shall certify the election results within [number] days after the general election.
(b) In the event that no candidate wins a majority of counties, a runoff election shall be held between the two candidates who won the most counties in the general election.
SECTION 4. EFFECTIVE DATE
This act shall take effect on [date], and shall apply to all senatorial elections held after [date].
SECTION 5. SEVERABILITY
If any provision of this act or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.
WHEREAS, the state legislature recognizes the importance of ensuring fair and representative elections; and
WHEREAS, the state legislature also recognizes the intent of the Founding Fathers to give states a significant role in the selection of Senators; and
WHEREAS, the state legislature believes that the current method of selecting Senators by popular vote has led to the neglect of rural areas and the over-representation of densely populated areas; and
WHEREAS, the state legislature also recognizes the potential for gerrymandering and other manipulations of district boundaries that could undermine the fairness of elections;
THEREFORE, the state legislature enacts the following changes to state election law concerning Senatorial elections:
The winner of a Senatorial election shall be determined by the candidate who wins a majority of counties within the state.
Each county’s outcome shall be determined by the candidate receiving the most votes within that county.
In the event of a tie in counties won, the tie shall be resolved by a clear, pre-established procedure (for example: the candidate who won the county with the largest geographic area).
This law shall take effect immediately upon its passage.
This bill draft is based on the current election laws and practices of our state, and seeks to address the issues of fairness and representation that have arisen under the current system. We believe that this bill will help ensure that every citizen’s vote counts equally and that the diverse interests and concerns of all regions of our state are adequately represented in the Senate.
The People of the State of [STATE], represented in Senate and Assembly, do enact as follows:
Section 1. Purpose and Intent.
The purpose of this act is to change the manner in which the winners of Senatorial elections are determined in the State of [STATE], from the popular vote to a majority of counties, in order to properly emulate the effect of selection by State Legislatures intended by the Founders. This change will ensure thoughtful, informed decision-making by our elected officials, and promote fair representation for all communities throughout the State.
Section 2. Definitions.
For the purposes of this act, the following terms shall have the following meanings:
(a) “County” shall mean a county or county-equivalent subdivision as recognized under the laws of the State.
(b) “Majority of Counties” shall mean the candidate who wins a majority of counties in the State.
Section 3. Determination of Senatorial Election Outcome.
Notwithstanding any provision of law to the contrary, the outcome of Senatorial elections in the State of [STATE] shall be determined by a majority of counties. The candidate who wins a majority of counties in the State shall be declared the winner of the Senatorial election.
Section 4. Constitutional Authority.
This act is enacted pursuant to the power of the State of [STATE] under the United States Constitution to determine the manner in which Senators are elected.
Section 5. Effective Date.
This act shall take effect immediately upon becoming law.
In witness whereof, we have hereunto subscribed our names and affixed our seals this [date].