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Amendment 36

Daily Staff Report

Amendment 36 proposes eliminating the state’s winner-take-all system of casting presidential electoral votes. If the amendment is adopted, Colorado would become the first state to apportion its nine electoral votes according to the results of the popular vote.

Maine and Nebraska have split electoral votes according to how candidates fare in voting within individual congressional districts.



In the wake of the 2000 Gore-Bush Electoral College decision ” which was made by the Supreme Court ” this measure is sure to spark partisan controversy.

An early indication of how controversial this measure is may be gained from the name being adopted by one of the groups opposing it: “Coloradans Against a Really Stupid Idea.”



Opponents say the matter will create less representation, not more, because it will be challenged in court thus leaving the decision to the justices, not the voters.

Proponents say it’s a good idea to have the electoral vote represent the state’s vote. Had the measure been in place in the 2002 election, it would have landed Al Gore in the presidency.

The proposed amendment to the Colorado Constitution: eliminates the current system in which the presidential candidate receiving the most votes gets all of the state’s electoral votes; allocates Colorado’s electoral votes based on the percentage of votes for each presidential candidate; and makes the changes effective for the November 2004 presidential election. Background In the United States, the president and vice president are elected using a system called the electoral college. Under this system, each state is allotted electoral votes equal to the number of the state’s representatives and senators in the U.S. Congress. The electoral college currently consists of 538 electors from all 50 states and the District of Columbia. Colorado has nine of these electors. In all but two states, the candidate who gets the most votes receives all of the state’s electoral votes. A candidate must receive at least 270 electoral votes to win the presidency. If no candidate obtains a majority of electoral votes, the presidency is decided by the U.S. House of Representatives, with each state allotted one vote. In Colorado, each political party designates nine electors. Electors pledge to support that party’s candidate for president and vice president. After each presidential election, electors from the winning party meet at the State Capitol to cast their vote for president and for vice president. All 50 states have a similar process for choosing electors. Under this proposal, beginning with the November 2004 election, Colorado would allocate its electoral votes according to the percentage of ballots cast for each presidential ticket. Electoral votes would be divided, in whole numbers, among the competing candidates according to the number of votes each candidate receives. For example, if Candidate Smith gets 55 percent of the votes and Candidate Jones gets 45 percent, then Smith would receive five electoral votes and Jones would receive four. The proposal also adds procedures and timelines to the state constitution for certifying election results and recounts related to the vote on this proposal. Arguments For 1) This proposal makes Colorado’s electoral vote more accurately reflect the statewide vote. Under the current winner-take-all system, one candidate automatically gets all of the state’s electoral votes, even if he or she doesn’t win a majority of votes on election day. Instead, Colorado’s electoral votes should reflect all candidates who have widespread support, not just the candidate who gets as few as one more vote than another. 2) This proposal may motivate more people to vote because the votes of more Coloradans will be represented in the electoral college. Under the current system, eligible citizens may not bother to participate in elections if they believe that their vote will have no impact on the outcome, especially voters not affiliated with a political party. The proposal may also encourage minor-party candidates to pay more attention to Colorado issues, in hopes of winning an electoral vote. 3) There can be no delay in the election of the president because of this change to the Colorado Constitution. The U.S. Constitution requires that the electoral college meet and cast votes in December following a presidential election, and that timing is unaffected by this proposal. Further, the Colorado courts have approved other proposals that are retroactive in nature. Arguments Against 1) Colorado will likely become the least influential state in presidential elections because our current nine electoral votes will almost always be split 5-4. By awarding nine electoral votes to the winner, the current system encourages candidates to campaign in the state on issues of importance to Coloradans. In contrast, the proposal reduces the incentive to campaign in Colorado when a candidate might only pick up one or two additional electoral votes. 2) By making it easier for minor-party candidates to win electoral votes in Colorado, the proposal could lead to a situation where no candidate wins a majority of the electoral vote nationally. If this happens, the presidency would be determined by the U.S. House of Representatives with each state getting only one vote. Smaller states then would have disproportionate power, further weakening the popular vote by increasing the chance that the U.S. Congress, not the public, will elect the president. 3) Because the proposal attempts to be retroactive, it may be subject to legal challenge on the issue of timing, which could delay a final decision in Colorado on who wins the presidency in 2004. Further, voters in the 2004 election cycle may not realize that the outcome of the vote on this proposal will affect how Colorado’s electoral votes are allocated in 2004. Estimate of Fiscal Impact This proposal does not significantly affect state or local expenditures.



Ballot Title: An amendment to the Colorado constitution concerning popular proportional selection of presidential electors, and, in connection therewith, creating procedures for allocating Colorado’s electoral votes for president and vice-president of the United States, based on the proportion of ballots that are cast in this state for each presidential ticket; making the terms of the proposed amendment effective so that popular proportional selection of presidential electors applies to the 2004 general election; setting forth procedures and timelines that govern the certification of election results and the potential recounting of votes in elections for presidential electors and in the election on this proposed amendment; granting the Colorado supreme court original jurisdiction for the adjudication of all contests concerning presidential electors and requiring that such matters be heard and decided on an expedited basis; and authorizing the general assembly to enact legislation to change the manner of selecting presidential electors or any of the procedures contained in this amendment. Text of Proposal: Be it Enacted by the People of the State of Colorado: ARTICLE VII OF THE CONSTITUTION is amended BY THE ADDITION OF A NEW SECTION, to read: Section 13. Popular proportional selection of presidential electors. (1) THE PEOPLE OF THE STATE OF COLORADO HEREBY FIND AND DECLARE THAT: (a) THE UNITED STATES CONSTITUTION DELEGATES TO EACH STATE THE METHOD OF CHOOSING PRESIDENTIAL ELECTORS WHO ARE CHARGED WITH CASTING VOTES IN THE ELECTORAL COLLEGE FOR THE OFFICES OF PRESIDENT AND VICE PRESIDENT OF THE UNITED STATES; (b) THE COLORADO CONSTITUTION RESERVES TO THE PEOPLE OF THIS STATE THE RIGHT TO ACT IN THE PLACE OF THE STATE LEGISLATURE IN ANY LEGISLATIVE MATTER, AND THROUGH ENACTMENT OF THIS SECTION, THE PEOPLE DO HEREBY ACT AS THE LEGISLATURE OF COLORADO FOR THE PURPOSE OF CHANGING THE MANNER OF ELECTING PRESIDENTIAL ELECTORS IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE II, SECTION 1 OF THE UNITED STATES CONSTITUTION;

(c) THE RIGHT TO VOTE FOR PRESIDENT OF THE UNITED STATES IS A FUNDAMENTAL RIGHT AND EACH PERSON’S VOTE IS ENTITLED TO EQUAL DIGNITY AND SHOULD COUNT EQUALLY; (d) THE PRESENT WINNER-TAKE-ALL METHOD OF AWARDING PRESIDENTIAL ELECTORS IN COLORADO PERMITS A PRESIDENTIAL TICKET TO RECEIVE ALL OF THIS STATE’S ELECTORAL VOTES EVEN THOUGH IT WINS LESS THAN A MAJORITY OF THE BALLOTS CAST IN THIS STATE; (e) THE WILL OF THE COLORADO ELECTORATE IS BEST REFLECTED BY THE POPULAR PROPORTIONAL ALLOCATION OF ELECTORAL COLLEGE REPRESENTATIVES, BASED ON THE NUMBER OF BALLOTS CAST FOR THE RESPECTIVE PRESIDENTIAL TICKETS IN THIS STATE; AND (f) IN THE STRONGEST POSSIBLE TERMS, THE VOTERS OF COLORADO DECLARE THAT, BY APPROVING THIS INITIATIVE, THEY UNDERSTAND, DESIRE, AND EXPECT THAT THE POPULAR PROPORTIONAL SELECTION OF PRESIDENTIAL ELECTORS IS INTENDED TO APPLY RETROACTIVELY AND THUS DETERMINE THE MANNER IN WHICH OUR STATE’S PRESIDENTIAL ELECTORS ARE CHOSEN AND OUR STATE’S ELECTORAL VOTES ARE CAST FOR THE GENERAL ELECTION OF 2004. (2) THE TOTAL NUMBER OF ELECTORAL VOTES TO WHICH COLORADO IS ENTITLED SHALL BE DIVIDED AMONG THE PRESIDENTIAL TICKETS ON THE GENERAL ELECTION BALLOT, BASED UPON THE POPULAR PROPORTIONAL SHARE OF THE TOTAL STATEWIDE BALLOTS CAST FOR BACH PRESIDENTIAL TICKET, SUBJECT TO SUBSECTIONS (3) AND (4) OF THIS SECTION. EACH PRESIDENTIAL ELECTOR SHALL VOTE FOR THE PRESIDENTIAL CANDIDATE AND, BY SEPARATE BALLOT, VICEPRESIDENTIAL CANDIDATE ON THE PRESIDENTIAL TICKET OF THE POLITICAL PARTY OR POLITICAL ORGANIZATION THAT NOMINATED THAT PRESIDENTIAL ELECTOR. (3) THE ALLOCATION OF A PRESIDENTIAL TICKET’S POPULAR PROPORTION OF THIS STATE’S ELECTORAL VOTES SHALL BE IN WHOLE NUMBERS AND SHALL BE MADE IN THE FOLLOWING MANNER: (a) THE TOTAL NUMBER OF BALLOTS CAST IN THIS STATE FOR EACH PRESIDENTIAL TICKET AT A GENERAL ELECTION SHALL BE DIVIDED BY THE TOTAL NUMBER OF BALLOTS CAST FOR ALL PRESIDENTIAL TICKETS THAT RECEIVE VOTES AT THAT GENERAL ELECTION; AND (b) THE PROPORTION OF A PRESIDENTIAL TICKET’S POPULAR VOTE, AS DETERMINED IN PARAGRAPH (a) OF THIS SUBSECTION, SHALL BE MULTIPLIED BY THE NUMBER OF ELECTORAL VOTES TO WHICH COLORADO IS ENTITLED. (4) THE NUMBER OF ELECTORAL VOTES THAT IS ATTRIBUTABLE TO THE BALLOTS CAST FOR ANY PRESIDENTIAL TICKET, AS DETERMINED IN SUBSECTION (3) OF THIS SECTION, SHALL BE ROUNDED TO THE NEAREST WHOLE NUMBER, SUBJECT TO THE FOLLOWING LIMITATIONS. (a) NO PRESIDENTIAL TICKET SHALL RECEIVE ANY ELECTORAL VOTES FROM THIS STATE IF ITS PROPORTION OF THE TOTAL BALLOTS CAST FOR ALL PRESIDENTIAL TICKETS WOULD REFLECT LESS THAN A FULL ELECTORAL VOTE AFTER ROUNDING TO THE NEAREST WHOLE NUMBER. (b) IF THE SUM OF ELECTORAL VOTES ALLOCATED PURSUANT TO PARAGRAPH (a) OF THIS SUBSECTION IS GREATER THAN THE NUMBER OF ELECTORAL VOTES TO WHICH COLORADO IS ENTITLED: (I) THE ALLOCATION OF ELECTORAL VOTES TO THE PRESIDENTIAL TICKET RECEIVING AT LEAST ONE ELECTORAL VOTE AND THE FEWEST NUMBER OF BALLOTS CAST SHALL BE REDUCED BY WHOLE ELECTORAL VOTES UNTIL ONLY THAT NUMBER OF ELECTORAL VOTES TO WHICH COLORADO IS ENTITLED HAVE BEEN ALLOCATED; AND (II) THE PROCESS SET FORTH IN SUBPARAGRAPH (I) OF THIS PARAGRAPH SHALL BE REPEATED IF, AFTER THE REDUCTION OF ELECTORAL VOTES AS SET FORTH IN SUBPARAGRAPH (I) OF THIS PARAGRAPH, THE TOTAL NUMBER OF ELECTORAL VOTES ALLOCATED TO ALL PRESIDENTIAL TICKETS REMAINS GREATER THAN THE TOTAL NUMBER OF ELECTORAL VOTES TO WHICH THIS STATE IS ENTITLED, AND SUCH PROCESS SHALL BE APPLIED TO THE PRESIDENTIAL TICKET RECEIVING AT LEAST ONE ELECTORAL VOTE AND THE NEXT FEWEST NUMBER OF BALLOTS CAST UNTIL THE TOTAL NUMBER OF ELECTORAL VOTES ALLOCATED TO ALL PRESIDENTIAL TICKETS IS EQUAL TO THE TOTAL NUMBER OF ELECTORAL VOTES TO WHICH THIS STATE IS ENTITLED. (c) IF THE SUM OF ALL ELECTORAL VOTES ALLOCATED WOULD BE LESS THAN THE NUMBER OF ELECTORAL VOTES TO WHICH COLORADO IS ENTITLED, THE PRESIDENTIAL TICKET RECEIVING THE GREATEST NUMBER OF BALLOTS CAST SHALL RECEIVE ANY UNALLOCATED ELECTORAL VOTES UNTIL ALL OF THE ELECTORAL VOTES TO WHICH COLORADO IS ENTITLED HAVE BEEN ALLOCATED. (d) IF TWO OR MORE PRESIDENTIAL TICKETS RECEIVE THE IDENTICAL TOTAL NUMBER OF BALLOTS CAST FOR ALL PRESIDENTIAL TICKETS AND THE ALLOCATION OF ELECTORAL VOTES TO WHICH COLORADO IS ENTITLED CANNOT BE PROPORTIONALLY ALLOCATED IN WHOLE ELECTORAL VOTES TO THESE PRESIDENTIAL TICKETS, THE SECRETARY OF STATE SHALL DETERMINE BY LOT WHICH OF THESE PRESIDENTIAL TICKETS WILL HAVE THEIR NUMBER OF ELECTORAL VOTES INCREASED OR DECREASED BY A WHOLE ELECTORAL VOTE UNTIL ALL OF THE ELECTORAL VOTES TO WHICH COLORADO IS ENTITLED HAVE BEEN ALLOCATED. (5) (a) A RECOUNT OF BALLOTS CAST FOR AND AGAINST THIS INITIATIVE SHALL BE ORDERED BY THE SECRETARY OF STATE IF THE DIFFERENCE BETWEEN THE NUMBER OF BALLOTS CAST FOR AND AGAINST THIS INITIATIVE IS LESS THAN OR EQUAL TO ONE-HALF OF ONE PERCENT OF THE HIGHEST NUMBER OF BALLOTS CAST IN THE ELECTION ON THIS INITIATIVE. WHERE THE DIFFERENCE BETWEEN THE NUMBER OF BALLOTS CAST FOR AND AGAINST THIS INITIATIVE IS GREATER THAN ONE-HALF OF ONE PERCENT OF THE HIGHEST NUMBER OF BALLOTS CAST IN THE ELECTION ON THIS INITIATIVE, A RECOUNT IN CONNECTION WITH THIS INITIATIVE MAY BE REQUESTED BY A PETITION REPRESENTATIVE IDENTIFIED WITH THIS INITIATIVE OR THE REGISTERED AGENT OF AN ISSUE COMMITTEE OPPOSING THIS INITIATIVE; PROVIDED, HOWEVER, THAT ANY SUCH PERSON OR THE COMMITTEE WITH WHICH HE OR SHE IS ASSOCIATED SHALL PAY THE COST OF SUCH RECOUNT BEFORE THE SECRETARY MAY BEGIN THE RECOUNT, BUT IF THE PREVAILING SIDE IN THE ELECTION IS CHANGED THEREBY, SUCH AMOUNT SHALL BE REFUNDED. (b) A RECOUNT SHALL BE ORDERED BY THE SECRETARY OF STATE IF: (I) THE DIFFERENCE BETWEEN THE NUMBER OF BALLOTS CAST FOR ANY TWO PRESIDENTIAL TICKETS IS LESS THAN OR EQUAL TO ONE-HALF OF ONE PERCENT OF THE BALLOTS CAST FOR THE TICKET THAT RECEIVED THE MOST VOTES OF THE TWO PRESIDENTIAL TICKETS IN QUESTION; AND (II) AT LEAST ONE OF THE TWO PRESIDENTIAL TICKETS, AS A RESULT OF SUCH RECOUNT, COULD QUALIFY FOR ONE OR MORE ADDITIONAL ELECTORAL VOTES. WHERE THE DIFFERENCE BETWEEN THE NUMBER OF BALLOTS CAST FOR THE TWO PRESIDENTIAL TICKETS IN QUESTION IS GREATER THAN ONE-HALF OF ONE PERCENT OF THE BALLOTS CAST FOR THE TICKET THAT RECEIVED THE MOST VOTES AS BETWEEN THOSE TWO TICKETS, A RECOUNT FOR PRESIDENTIAL ELECTORS MAY BE REQUESTED BY A PRESIDENTIAL TICKET OR THE POLITICAL PARTY OR POLITICAL ORGANIZATION ASSOCIATED WITH SUCH TICKET; PROVIDED, HOWEVER, THAT ANY SUCH TICKET OR POLITICAL PARTY OR ORGANIZATION WITH WHICH IT IS ASSOCIATED SHALL PAY THE COST OF SUCH RECOUNT BEFORE THE SECRETARY MAY BEGIN THE RECOUNT, BUT IF THE ELECTION RESULT IS CHANGED THEREBY AND AN ADDITIONAL ELECTORAL VOTE OR VOTES IS AWARDED TO THAT PRESIDENTIAL TICKET, SUCH AMOUNT SHALL BE REFUNDED. (c) ANY RECOUNT AUTHORIZED PURSUANT TO THIS SUBSECTION SHALL BE ORDERED OR REQUESTED NOT LATER THAN 5:00 P.M ON THE TWENTY-THIRD DAY AFTER THE GENERAL ELECTION AT WHICH SUCH BALLOTS ARE CAST AND SHALL BE COMPLETED AND THE RESULT SHALL BE CERTIFIED BY THE SECRETARY OF STATE NOT LATER THAN CLOSE OF BUSINESS ON THE THIRTIETH DAY AFTER THE GENERAL ELECTION AT WHICH SUCH BALLOTS ARE CAST. (6) FOR PURPOSES OF THIS SECTION ONLY AND NOTWITHSTANDING ANY OTHER PROVISION OF THIS CONSTITUTION: (a) THE RESULTS OF THE ELECTION ON THIS INITIATIVE SHALL BE OFFICIALLY DECLARED BY PROCLAMATION OF THE GOVERNOR WHICH SHALL BE ISSUED AFTER THE VOTES THEREON HAVE BEEN CANVASSED BUT BEFORE NOON ON: (I) THE TWENTY-FOURTH DAY FOLLOWING THE GENERAL ELECTION, IF NO RECOUNT IS ORDERED OR REQUESTED; OR (II) THE THIRTY-FIRST DAY FOLLOWING THE GENERAL ELECTION, IF A RECOUNT IS ORDERED OR REQUESTED. (b) THE SECRETARY OF STATE SHALL CERTIFY THE ELECTION OF PRESIDENTIAL ELECTORS, AS DETERMINED PURSUANT TO THIS SECTION, BUT IN NO EVENT SHALL SUCH CERTIFICATION BE ISSUED LATER THAN 2:00 P.M. ON: (I) THE TWENTY-FOURTH DAY FOLLOWING THE GENERAL ELECTION, IF NO RECOUNT IS ORDERED OR REQUESTED AS TO SUCH ELECTION; OR (II) THE THIRTY-FIRST DAY FOLLOWING THE GENERAL ELECTION, IF A RECOUNT IS ORDERED OR REQUESTED AS TO SUCH ELECTION. (c) THE ELECTION CERTIFICATION PROCESS REFERRED TO IN PARAGRAPH (b) OF THIS SUBSECTION SHALL APPLY TO THE BALLOTS CAST FOR PRESIDENTIAL TICKETS AT THE NOVEMBER 2, 2004 GENERAL ELECTION AND AT GENERAL ELECTIONS HELD AFTER 2004 AT WHICH PRESIDENTIAL TICKETS ARE ON THE STATEWIDE BALLOT. (7) THE SECRETARY OF STATE SHALL DETERMINE BY LOT WHICH PRESIDENTIAL ELECTORS, NOMINATED IN CONJUNCTION WITH A PRESIDENTIAL TICKET THAT QUALIFIES FOR AT LEAST ONE ELECTORAL VOTE PURSUANT TO THIS SECTION, SHALL BE ENTITLED TO CAST ELECTORAL VOTES. FOR EACH PRESIDENTIAL TICKET, THE SECRETARY OF STATE SHALL THEN DETERMINE BY LOT THE ORDER OF NOMINATED PRESIDENTIAL ELECTORS FOR THAT PRESIDENTIAL TICKET TO SERVE AS ALTERNATES IF ANY VACANCIES OCCUR IN THE OFFICE OF PRESIDENTIAL ELECTOR FOR THAT PRESIDENTIAL TICKET BECAUSE OF DEATH, REFUSAL TO ACT, ABSENCE OR OTHER CAUSE. SUCH DETERMINATIONS BY LOT PERFORMED BY THE SECRETARY OF STATE SHALL BE MADE BEFORE 3:00 P.M. OF THE TWENTY-FOURTH DAY FOLLOWING THE ELECTION IF NO RECOUNT IS ORDERED OR REQUESTED AND BEFORE 3:00 P.M. OF THE THIRTY-FIRST DAY FOLLOWING SUCH ELECTION IF A RECOUNT IS ORDERED OR REQUESTED. IF THE NUMBER OF NOMINATED PRESIDENTIAL ELECTORS FOR A PRESIDENTIAL TICKET IS INSUFFICIENT TO ALLOW THE SECRETARY OF STATE TO FILL A VACANCY IN THE OFFICE OF PRESIDENTIAL ELECTOR BY LOT, THE POLITICAL PARTY OR POLITICAL ORGANIZATION OF THE PRESIDENTIAL TICKET FOR WHICH THE VACANCY REMAINS SHALL NOMINATE THE NUMBER OF ADDITIONAL PRESIDENTIAL ELECTORS NECESSARY TO FILL THE VACANCY. THE SECRETARY OF STATE SHALL PREPARE A CERTIFICATE OF ELECTION FOR EACH PRESIDENTIAL ELECTOR ENTITLED TO CAST AN ELECTORAL VOTE. THE GOVERNOR SHALL SIGN AND AFFIX THE SEAL OF THE STATE TO THE CERTIFICATES AND DELIVER ONE CERTIFICATE TO EACH ELECTOR ON THE FIRST MONDAY AFTER THE SECOND WEDNESDAY OF DECEMBER FOLLOWING A GENERAL ELECTION. (8) THE SUPREME COURT SHALL HAVE ORIGINAL JURISDICTION FOR THE ADJUDICATION OF ALL CONTESTS CONCERNING PRESIDENTIAL ELECTORS AND SHALL PRESCRIBE RULES FOR PRACTICE AND PROCEEDINGS FOR SUCH CONTESTS. CONTESTS CONCERNING THE ELECTION OF PRESIDENTIAL ELECTORS SHALL BE GIVEN THE HIGHEST PRIORITY ON THE COURT’S CALENDAR AND SHALL BE EXPEDITED IN ALL RESPECTS, INCLUDING HEARING AND DECISION. THE COURT SHALL RENDER ITS FINAL DECISION IN ANY CONTEST CONCERNING PRESIDENTIAL ELECTORS NOT LATER THAN THE FIRST FRIDAY AFTER THE SECOND WEDNESDAY OF DECEMBER FOLLOWING A GENERAL ELECTION. NO JUSTICE OF THE COURT WHO IS A CONTESTOR IN THE ELECTION CONTEST SHALL BE PERMITTED TO HEAR AND DETERMINE THE MATTER. (9) THIS SECTION SHALL BE EFFECTIVE ON AND AFTER NOVEMBER 3, 2004. (10) THIS SECTION SHALL BE LIBERALLY CONSTRUED TO ACHIEVE POPULAR PROPORTIONAL ALLOCATION OF PRESIDENTIAL ELECTORS AT THE 2004 GENERAL ELECTION. (11) THE GENERAL ASSEMBLY MAY ENACT LEGISLATION TO CHANGE THE MANNER OF SELECTING PRESIDENTIAL ELECTORS OR ANY OF THE PROCEDURES RELATED THERETO. (12) FOR PURPOSES OF THIS SECTION: (a) “PRESIDENTIAL TICKET” MEANS CANDIDATES FOR PRESIDENT AND VICE PRESIDENT OF THE UNITED STATES WHO RUN FOR THEIR RESPECTIVE OFFICES JOINTLY IN COLORADO. (b) “ROUNDED TO THE NEAREST WHOLE NUMBER” MEANS: (I) INCREASED TO THE NEXT WHOLE NUMBER IF THE FRACTIONAL PROPORTION OF AN ELECTORAL VOTE ALLOCATED IS EQUAL TO OR GREATER THAN .5; AND (II) DECREASED TO THE PRECEDING WHOLE NUMBER IF THE FRACTIONAL PROPORTION OF AN ELECTORAL VOTE ALLOCATED IS LESS THAN .5. (c) “THIS INITIATIVE” MEANS THE VOTER-INITIATED CONSTITUTIONAL AMENDMENT, APPROVED AT THE NOVEMBER 2, 2004 GENERAL ELECTION, PROVIDING FOR POPULAR PROPORTIONAL SELECTION OF PRESIDENTIAL ELECTORS. (d) “WHOLE NUMBER” MEANS A POSITIVE INTEGER, INCLUDING ZERO. (13) IF ANY PROVISION OF THIS SECTION OR ANY PART THEREOF IS, FOR ANY REASON, HELD TO BE INVALID OR UNCONSTITUTIONAL, THE REMAINING PROVISIONS SHALL NOT BE AFFECTED, BUT SHALL REMAIN IN FULL FORCE AND EFFECT, AND TO THIS END, THE PROVISIONS OF THIS SECTION ARE SEVERABLE.


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