Colorado became the latest state to join the National Popular Vote Interstate Compact, now one of 15 states and D.C. Nov. 9, 2020, 8:24 PM UTC / Updated Nov. 10, 2020, 3:07 PM UTC By Elliott Ramos The US Supreme Court jurisprudence says no. Sisolak vetoes NPVIC bill, The Council of State Governments - National Center for Interstate Compacts, https://ballotpedia.org/wiki/index.php?title=National_Popular_Vote_Interstate_Compact&oldid=8371191, Tracking election The National Popular Vote Interstate Compact Requires No Congressional Approval. Requires the Board to designate the national popular vote winner and provide a copy to the Secretary of State; (2) reference to GS 163A‑1228.1 (Names of presidential electors not printed on ballots; notification) in GS 163A‑700(c) (establishing the date for the election of President and Vice-President) be read as new GS 163A‑1228.1; and . This page was last updated September 2021. Share Tweet . More Writing. . Interstate compacts have never been used to change national policy and, without the con-gressional consent that the Constitution requires, this compact is unconstitutional. [47] Vikram Amar and other legal observers have also cited the Supreme Court's rulings in McPherson v. Blacker (1892) and Arizona State Legislature v. Arizona Independent Redistricting Commission (2015) as recognizing that states have wide discretion in selecting the method by which they appoint their electors. She is available to discuss tested, safe, fair COVID-19 election practices, state by state. Sightline Institute is non-partisan and does not oppose, support, or endorse any political candidate or party. [58], The CRS report notes that while the Court's opinion in McPherson v. Blacker emphasized that the variety of state laws that existed shortly after the ratification of the Constitution indicates that state legislatures have multiple alternative "modes of choosing the electors", no state at the time of the ratification appointed their electors based on the results of the national popular vote. LATEST NEWS. Article II: Right of the People in Member States to Vote for President and Vice President, Article III: Manner of Appointing Presidential Electors in Member States, November 3, 2020: Colorado NPVIC legislation upheld through voter approval of Proposition 113, February 11, 2020: Virginia House passes NPVIC legislation, June 19, 2019: Maine House rejects NPVIC legislation, May 30, 2019: Nevada Democratic Gov. history.[3]. The Constitution is clear that states have the exclusive power to select electors. [19] A collection of readings pro and con has been assembled by the League of Women Voters. [19][29], Opponents of the compact have raised concerns about the handling of close or disputed outcomes. ". [30] The NPVIC does not include any provision for a nationwide recount, though Congress has the authority to create such a provision. But if any did, it would be a state that would not adopt NPV in any event. The terms of the agreement only take . Enacting the national popular vote interstate compact for electing the president of the United States. ... Each state’s votes would still be counted, and each state would have an equally important role in choosing the President. On February 17, 2021, the senate of North Dakota passed SB 2271,[165] "to amend and reenact sections ... relating to procedures for canvassing and counting votes for presidential electors"[166] in a deliberate—albeit indirect—effort to stymie the efficacy of the NPVIC by prohibiting disclosure of the state's popular vote until after the Electoral College meets. 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. April 14, 2021. Let’s say you’ve just heard that the National Popular Vote Interstate Compact is a way to elect the presidential candidates with the most votes, without changing the Constitution. The National Popular Vote Interstate Compact is an agreement between states that guarantees the Presidency to the candidate who receives the most popular votes in all 50 states (and D.C.) State legislatures replace current state-level tally, "winner-take-all" laws with a law that directs all their state electors to choose as President the . The compact would modify the way participating states implement Article II, Section 1, Clause 2 of the U.S. Constitution, which requires each state legislature to define a method to appoint its electors to vote in the Electoral College. [86][87], On July 6, 2020, the Supreme Court unanimously ruled in the case Chiafalo v. Washington and the related case Colorado Department of State v. Baca that it is within a state's power to enforce laws that penalize faithless electors or allow for their removal and replacement. Found insideThe Runner-Up Presidency combines an in-depth political and numerical analysis of America’s electoral system with rich narratives of our six strangest elections. . [18], On April 3, 2019, Gov. The agreement would then be in effect only among them. From 1796 onward, presidential electors have acted as "rubber stamps" for their parties' nominees. The National Popular Vote bill has now passed a total of 41 state legislative chambers in 24 states. [52][53] The CRS report notes that only two presidential elections (1800 and 1824) have been determined by a contingent election, and whether the loss of such elections would be a de minimis diminishment of federal power is unresolved by the relevant case law. The Compact ensures that every vote, in every state, will matter in every presidential. [118], In 2001, "two provocative articles" were published by law professors suggesting paths to a national popular vote through state legislative action rather than constitutional amendment. Gov. [69] Nonetheless, the NPV Inc. organizers have stated that they plan to seek congressional approval if the compact is approved by a sufficient number of states. Summarize the National Popular Vote Interstate Compact. However, if state legislatures can literally pass whatever procedure they want to allocate their states’ electors (so long as it’s done in advance, not after the vote), what’s to stop them from simply putting a law on the books that declares the nominee of the Republican party to automatically win the state in every presidential election, and due away with a vote of the people, altogether? Found insideTHE INSTANT NEW YORK TIMES AND WASHINGTON POST BESTSELLER A call to action from three of Washington's premier political scholar-journalists, One Nation After Trump offers the definitive work on the threat posed by the Trump presidency and ... "[110] Proponents of these proposals argued that the electoral college system does not provide for direct democratic election, affords less-populous states an advantage, and allows a candidate to win the presidency without winning the most votes. ", "Anuzis: Conservatives need the popular vote", "California should join the popular vote parade", "David Broder, on PBS Online News Hour's Campaign Countdown", "Faithless Elector Watch: Gimme "Equal Protection, "Debates in the Federal Convention of 1787 - July 5", "Debates in the Federal Convention of 1787 - July 9", "An act to add Chapter 1.5 (commencing with Section 6920) to Part 2 of Division 6 of the Elections Code, relating to presidential elections", "9.7.3 MYTH: A national popular vote will result in a proliferation of candidates, Presidents being elected with as little as 15% of the vote, and a breakdown of the two-party system", "Abolishing Electoral College is a bad idea", The National Popular Vote (NPV) Initiative: Direct Election of the President by Interstate Compact, "Some Thoughts on the Electoral College: Past, Present, and Future", "Interstate Agreement for Electoral Reform", "Why the "National Popular Vote" scheme is unconstitutional", "9.1 Myths about the U.S. Constitution – 9.1.26 MYTH", "Fifty Republics and the National Popular Vote: How the Guarantee Clause Should Protect States Striving for Equal Protection in Presidential Elections", "The Compact Clause and the National Popular Vote Interstate Compact", "Move to diminish Electoral College faces constitutional roadblocks", "Comment: Guaranteeing a Federally Elected President", Northwestern University Pritzker School of Law, "Reforming the Electoral College: Federalism, Majoritarianism, and the Perils of Sub-Constitutional Change", "Why the National Popular Vote Compact is Unconstitutional", "9.1 Myths about the U.S. Constitution – 9.1.3 MYTH", "9.1 Myths about the U.S. Constitution – 9.1.1 MYTH", "9.16 Myths about Interstate Compacts and Congressional Consent – 9.16.5 MYTH", "Who Are the Top 20 Legal Thinkers in America? Of course, the argument that states can control their own electors works both ways. Found insideThis is an indispensable analysis, from the nation’s leading election-law expert, of the key threats to the 2020 American presidential election. John Carney Jr. (D) signed Senate Bill 22 (SB 22) on March 28, 2019, joining Delaware in the National Popular Vote Interstate Compact. Found insideDiscover everything you ever wanted to know about how the government really works with this accessible, highly designed and illustrated handbook from Marjory Stoneman Douglas AP government teacher Jeff Foster. Found insideIn this engaging and provocative book, Nic Cheeseman and Brian Klaas expose the limitations of national elections as a means of promoting democratization, and reveal the six essential strategies that dictators use to undermine the electoral ... [1][2], Article II, Section 1 of the U.S. Constitution gives states the authority to determine how their electoral votes will be awarded: "Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors." As I previously posted, "[o]nly the minority number of States controlled by leftist filth have signed on to this illegal compact." 15 States out of 50 constitutes a … Supporters of the compact contend that a national popular vote would encourage candidates to campaign with equal effort for votes in competitive and non-competitive states alike. [164] It was later submitted to a referendum, approved by 52% of voters. The states’ plenary power to choose its electors goes to the heart of a republic government, a government whose leader is chosen by the people. We strive to report with honesty and integrity, shining a light on those in power and the progressive politics movement. At least 124,632 signatures had to be valid. With #NPVIC we can solve this! Becoming a Democracy: By Sheldon Friedman: If you need a reason for reforming the Electoral College, the … [78] Citing Bush v. Gore (2000) as stating that state governments cannot "value one person's vote over that of another" in vote tabulation, Willamette University College of Law professor Norman R. Williams has argued that the NPVIC would violate the Equal Protection Clause because it does not require and cannot compel uniform laws across both compacting and non-compacting states that regulate vote tabulation, voting machinery usage, voter registration, mail-in voting, election recounts, and felony and mental disability disenfranchisement. Former Delaware Governor Pete du Pont, a Republican, has argued that the compact would be an "urban power grab" and benefit Democrats. Published: March 1, 2021, 1:14pm. Virginia should join National Popular Vote Interstate Compact. The Senate voted to continue the bill to the 2021 legislative session in the privileges and elections committee. They are now only 74 votes short of their . During the 2021-22 interim, the legislative management shall consider … The movement to elect the president by national popular vote has now focused on the National Popular Vote Interstate Compact.States totaling at least 270 electoral votes would agree to cast their . When Americans vote for President and Vice President, they are actually choosing presidential electors, known collectively as the electoral college ... the complex elements comprising the electoral college system are responsible for one of ... You may add a link with HTML: text to display. Found insideThis book provides a wide range of opinions on the issue. Includes primary and secondary sources from a variety of perspectives; eyewitnesses, scientific journals, government officials, and many others. "[98], Public opinion surveys suggest that a majority or plurality of Americans support a popular vote for President. [1], Most states award all of their electoral votes to the candidate who receives the most votes in the state. The state Senate passed SB 22 in a vote of 14-7 on March 7, 2019. It is entirely consistent with the goal of the Voting Rights Act. Placing no constitutional limit on state power over electors ... creates the ... potential for [compacting] states to form a superstate and render the [non-compacting] states irrelevant in the election of the President. [122] The legislation could be structured to take effect only once enough states to control a majority of the Electoral College (270 votes) joined the compact, thereby guaranteeing that the national popular vote winner would also win the electoral college. The National Popular Vote Interstate Compact threatens to upend this delicate balance, throwing presidential elections into disarray. National Casey Quinlan-August 25, 2021 The American Independent is the No. Under Geller's proposed National Popular Vote Interstate Compact bill, the states would manage their elections; but the U.S. president will be the winner of the most votes in all 50 states and . Economics in Wonderland clearly explains the consequences of the disastrous policies of global austerity with humor, insight, passion, and warmth, all of which are on vivid display in words and pictures. It failed to collect enough signatures to appear on the ballot. Article II of the Constitution of the United States gives the states exclusive and plenary authority to decide the manner of awarding their electoral votes. Electoral College Reform; (3) Direct Popular Election: Pro and Con; (4) Electoral College Reform: Pro and Con; (5) Electoral College Amendments Proposed in the 111th Congress; (6) Contemporary Activity in the States; (7) 2004: Colorado ... 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