:National Popular Vote Interstate Compact

Taking the form of an interstate compact, the agreement would go into effect among participating states only after they collectively represent an absolute majority of votes (currently at least 270) in the Electoral College. Once in effect, in each presidential election the participating states would award all of their electoral votes to the candidate with the largest national popular vote total across the 50 states and the District of Columbia. As a result, that candidate would win the presidency by securing a majority of votes in the Electoral College. Until the compact's conditions are met, all states award electoral votes in their current manner.

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. The Constitution does not mandate any particular legislative scheme for selecting electors, and instead vests state legislatures with the exclusive power to choose how to allocate their states' electors (although systems that violate the 14th Amendment, which mandates equal protection of the law and prohibits racial discrimination, are prohibited).McPherson v. Blacker {{ussc|146|1|1892}} States have chosen various methods of allocation over the years, with regular changes in the nation's early decades. Today, all but two states (Maine and Nebraska) award all their electoral votes to the single candidate with the most votes statewide (the so-called "winner-take-all" system).{{NoteTag|Maine and Nebraska currently award one electoral vote to the winner in each congressional district and their remaining two electoral votes to the statewide winner. In addition, because Maine uses ranked choice voting in its presidential elections, its certified popular vote count will be from the final result of a series of instant runoffs that continue until only two presidential slates remain.}}

The compact would no longer be in effect should the total number of electoral votes held by the participating states fall below the threshold required, which could occur due to withdrawal of one or more states, changes due to the decennial congressional re-apportionment, or an increase in the size of Congress, for example by admittance of a 51st state. The compact mandates a July 20 deadline in presidential election years, six months before Inauguration Day, to determine whether the agreement is in effect for that particular election. Any withdrawal by a state after that deadline will not be considered effective by other participating states until the next president is confirmed.

{{See also|United States Electoral College#Impacts and reception|United States presidential elections in which the winner lost the popular vote}}

Reasons given for the compact include:

1. State winner-take-all laws encourage candidates to focus disproportionately on a limited set of swing states, as small changes in the popular vote in those states produce large changes in the electoral college vote.{{pb}}For example, in the 2016 election, a shift of 2,736 votes (or less than 0.4% of all votes cast) toward Donald Trump in New Hampshire would have produced a four electoral vote gain for his campaign. A similar shift in any other state would have produced no change in the electoral vote, thus encouraging the campaign to focus on New Hampshire above other states. A study by FairVote reported that the 2004 candidates devoted three-quarters of their peak season campaign resources to just five states, while the other 45 states received very little attention. The report also stated that 18 states received no candidate visits and no TV advertising.{{cite web |url=http://www.fairvote.org/presidential/?page=1677 |archive-url=https://web.archive.org/web/20060602104422/http://www.fairvote.org/presidential/?page=1677 |url-status=dead |archive-date=June 2, 2006 |title=Who Picks the President? |publisher=FairVote |access-date=June 11, 2008 }} This means that swing state issues receive more attention, while issues important to other states are largely ignored.{{cite news |url=https://www.nytimes.com/2006/03/14/opinion/14tue1.html |title=Drop Out of the College |work=The New York Times |date=March 14, 2006 |access-date=June 11, 2008 |archive-date=June 15, 2015 |archive-url=https://web.archive.org/web/20150615063648/http://www.nytimes.com/2006/03/14/opinion/14tue1.html |url-status=live }}{{cite news |url=http://www.denverpost.com/opinion/ci_5628615 |title=Electoral College is outdated |work=Denver Post |date=April 9, 2007 |access-date=June 11, 2008 |archive-date=January 8, 2008 |archive-url=https://web.archive.org/web/20080108224626/http://www.denverpost.com/opinion/ci_5628615 |url-status=live }}{{cite journal |title=The Electoral College, Mobilization, and Turnout in the 2000 Presidential Election |last1=Hill |first1=David |last2=McKee |first2=Seth C. |journal=American Politics Research |volume=33 |issue=5 |date=September 2005 |pages=700–725 |doi=10.1177/1532673X04271902 |s2cid=154991830 }}
2. State winner-take-all laws tend to decrease voter turnout in states without close races. Voters living outside the swing states have a greater certainty of which candidate is likely to win their state. This knowledge of the probable outcome decreases their incentive to vote. A report by The Center for Information and Research on Civic Learning and Engagement (CIRCLE) found that turnout among eligible voters under age 30 was 64.4% in the ten closest battleground states and only 47.6% in the rest of the country{{snd}}a 17% gap.{{cite web |url=http://www.civicyouth.org/PopUps/FactSheets/FS_Youth_Voting_72-04.pdf |title=The Youth Vote 2004 |last1=Lopez |first1=Mark Hugo |last2=Kirby |first2=Emily |last3=Sagoffv|first3=Jared |date=July 2005 |access-date=June 12, 2008 |archive-date=June 26, 2008 |archive-url=https://web.archive.org/web/20080626214649/http://www.civicyouth.org/PopUps/FactSheets/FS_Youth_Voting_72-04.pdf |url-status=live }}
3. The current Electoral College system allows a candidate to win the Presidency while losing the popular vote, an outcome seen as counter to the one person, one vote principle of democracy.{{Cite book|last=Edwards III|first=George C.|author-link=George C. Edwards III| title=Why the Electoral College is Bad for America|publisher=Yale University Press|edition=Second|year=2011|location=New Haven and London|pages=1, 37, 61, 176–77, 193–94|isbn=978-0-300-16649-1}}

This happened in the elections of 1824, 1876, 1888, 2000, and 2016.{{cite web|url=https://www.archives.gov/federal-register/electoral-college/faq.html#ecpopulardiffer|title=U. S. Electoral College: Frequently Asked Questions|website=National Archives |access-date=2017-12-20|archive-date=December 18, 2008|archive-url=https://web.archive.org/web/20081218002735/http://www.archives.gov/federal-register/electoral-college/faq.html#ecpopulardiffer|url-status=live}} (The 1960 election is also a disputed example.{{cite web|url=https://www.realclearpolitics.com/articles/2012/10/19/did_jfk_lose_the_popular_vote_115833.html|title=Did JFK Lose the Popular Vote?|first=Sean |last=Trende|date=October 19, 2012|work=RealClearPolitics|access-date=March 9, 2019|archive-date=April 18, 2019|archive-url=https://web.archive.org/web/20190418180439/https://www.realclearpolitics.com/articles/2012/10/19/did_jfk_lose_the_popular_vote_115833.html|url-status=live}}) In the 2000 election, for instance, Al Gore won 543,895 more votes nationally than George W. Bush, but Bush secured five more electors than Gore, in part due to a narrow Bush victory in Florida; in the 2016 election, Hillary Clinton won 2,868,691 more votes nationally than Donald Trump, but Trump secured 77 more electors than Clinton, in part due to narrow Trump victories in Michigan, Pennsylvania, and Wisconsin (a cumulative 77,744 votes).

Whether these splits suggest an advantage for one major party or the other in the Electoral College is discussed in {{section link||Suggested partisan advantage}} below.

{{see also|#Adoption|#Constitutionality}}

Political analyst Nate Silver noted in 2014 that all jurisdictions that had adopted the compact at that time were blue states, and that there were not enough electoral votes from the remaining blue states to achieve the required majority. He concluded that, as swing states were unlikely to support a compact that reduces their influence (see § Campaign focus on swing states), the compact could not succeed without adoption by some red states as well.{{cite news|last1=Silver|first1=Nate|author-link1=Nate Silver|title=Why a Plan to Circumvent the Electoral College Is Probably Doomed|url=https://fivethirtyeight.com/features/why-a-plan-to-circumvent-the-electoral-college-is-probably-doomed/|website=FiveThirtyEight|publisher=ESPN|access-date=17 July 2014|date=17 April 2014|archive-date=October 30, 2014|archive-url=https://web.archive.org/web/20141030182653/http://fivethirtyeight.com/datalab/why-a-plan-to-circumvent-the-electoral-college-is-probably-doomed/|url-status=live}} Republican-led chambers have adopted the measure in New York (2011),{{cite web |url=https://www.nationalpopularvote.com/state/ny |title=New York |publisher=National Popular Vote |date=January 19, 2016 |access-date=August 7, 2018 |archive-date=August 8, 2018 |archive-url=https://web.archive.org/web/20180808011310/https://www.nationalpopularvote.com/state/ny |url-status=live }} Oklahoma (2014), and Arizona (2016), and the measure has been unanimously approved by Republican-led committees in Georgia and Missouri, prior to the 2016 election.{{cite web |title=National Popular Vote! |url=https://www.nationalpopularvote.com |publisher=National Popular Vote |date=December 17, 2015 |access-date=August 7, 2018 |archive-date=August 8, 2018 |archive-url=https://web.archive.org/web/20180808014626/https://www.nationalpopularvote.com/ |url-status=live }} On March 15, 2019, Colorado became the most "purple" state to join the compact, though no Republican legislators supported the bill and Colorado had a state government trifecta under Democrats.{{cite news |last1=Rakich |first1=Nathaniel |title=The Movement To Skip The Electoral College Is About To Pass A Major Milestone |url=https://fivethirtyeight.com/features/the-movement-to-skip-the-electoral-college-just-passed-a-major-milestone/ |access-date=18 March 2019 |work=FiveThirtyEight |date=March 5, 2019 |archive-date=March 8, 2019 |archive-url=https://web.archive.org/web/20190308001437/https://fivethirtyeight.com/features/the-movement-to-skip-the-electoral-college-just-passed-a-major-milestone/ |url-status=live }} It was later submitted to a ballot initiative, where it was approved by 52% of voters.

In addition to the adoption threshold, the NPVIC raises potential legal issues, discussed in {{section link||Constitutionality}}, that may draw challenges to the compact.

{{clear}}

The project has been supported by editorials in newspapers, including The New York Times, the Chicago Sun-Times, the Los Angeles Times,{{cite news |url=https://caclean.org/problem/latimes_2006-06-05.php |title=States Join Forces Against Electoral College |work=Los Angeles Times |via=California Clean Money Campaign|date=June 5, 2006 |access-date=July 13, 2008 |archive-date=October 21, 2007 |archive-url=https://web.archive.org/web/20071021071446/http://www.caclean.org/problem/latimes_2006-06-05.php |url-status=dead }} The Boston Globe,{{cite news |url=https://www.boston.com/bostonglobe/editorial_opinion/editorials/articles/2008/02/18/a_fix_for_the_electoral_college/ |title=A fix for the Electoral College |work=The Boston Globe |date=February 18, 2008 |access-date=July 13, 2008 |archive-date=July 26, 2008 |archive-url=https://web.archive.org/web/20080726032044/http://www.boston.com/bostonglobe/editorial_opinion/editorials/articles/2008/02/18/a_fix_for_the_electoral_college/ |url-status=dead }} and the Minneapolis Star Tribune,{{cite news |url=http://archive.nationalpopularvote.com/pages/editorials/minneapolisstartribune.php |title=How to drop out of the Electoral College: There's a way to ensure top vote-getter becomes president |location=Minneapolis |work=Star Tribune |date=March 27, 2006 |access-date=July 13, 2008 |archive-date=March 2, 2017 |archive-url=https://web.archive.org/web/20170302082609/http://archive.nationalpopularvote.com/pages/editorials/minneapolisstartribune.php |url-status=dead |via=National Popular Vote}} arguing that the existing system discourages voter turnout and leaves emphasis on only a few states and a few issues, while a popular election would equalize voting power. Others have argued against it, including the Honolulu Star-Bulletin. Pete du Pont, a former governor of Delaware, in an opinion piece in The Wall Street Journal, called the project an "urban power grab" that would shift politics entirely to urban issues in high population states and allow lower caliber candidates to run.{{cite news |first=Pete |last=du Pont |title=Trash the 'Compact' |url=http://www.opinionjournal.com/columnists/pdupont/?id=110008855 |work=Wall Street Journal |date=August 29, 2006 |access-date=February 1, 2012 |url-status=dead |archive-url=https://web.archive.org/web/20091001064458/http://www.opinionjournal.com/columnists/pdupont/?id=110008855 |archive-date=October 1, 2009 }} A collection of readings pro and con has been assembled by the League of Women Voters.{{cite web|url=http://www.lwv.org/AM/Template.cfm?Section=Home&TEMPLATE=/CM/ContentDisplay.cfm&CONTENTID=12542 |archive-url=https://web.archive.org/web/20110718153909/http://www.lwv.org/AM/Template.cfm?Section=Home&TEMPLATE=%2FCM%2FContentDisplay.cfm&CONTENTID=12542 |archive-date=July 18, 2011 |title=National Popular Vote Compact Suggested Resource List |publisher=League of Women Voters |url-status=dead }} Some of the most common points of debate are detailed below:

Certain founders, notably Alexander Hamilton and James Madison, conceived of the Electoral College as a deliberative body which would weigh the inputs of the states, but not be bound by them, in selecting the president, and would therefore serve to protect the country from the election of a person who is unfit to be president.{{sfn|Rossiter|2003|p=410}}{{Cite book |url=https://founders.archives.gov/documents/Madison/01-10-02-0178 |title=The Federalist |volume=10 |date=22 November 1787 |via=National Archives |access-date=August 6, 2024}} However, the Electoral College has never served such a role in practice. From 1796 onward, presidential electors have acted as "rubber stamps" for their parties' nominees. Journalist and commentator Peter Beinart has cited the election of Donald Trump, whom some, he notes, view as unfit, as evidence that the Electoral College does not perform a protective function.{{Cite web|url=https://www.theatlantic.com/politics/archive/2016/11/the-electoral-college-was-meant-to-stop-men-like-trump-from-being-president/508310/|title=The Electoral College Was Meant to Stop Men Like Trump From Being President|first=Peter|last=Beinart|author-link=Peter Beinart|date=November 21, 2016|website=The Atlantic|access-date=July 7, 2020|archive-date=July 7, 2020|archive-url=https://web.archive.org/web/20200707210454/https://www.theatlantic.com/politics/archive/2016/11/the-electoral-college-was-meant-to-stop-men-like-trump-from-being-president/508310/|url-status=live}} {{As of|2025}}, no election outcome has been determined by an elector deviating from the will of their state.{{cite web |title=Myth: The Electoral College acts as a buffer against popular passions |date=January 19, 2019 |url=https://www.nationalpopularvote.com/section_9.17#myth_9.17.2 |publisher=National Popular Vote |access-date=7 November 2019 |archive-date=May 18, 2020 |archive-url=https://web.archive.org/web/20200518225016/https://www.nationalpopularvote.com/section_9.17#myth_9.17.2 |url-status=live }} Furthermore, thirty-two states and the District of Columbia have laws to prevent such "faithless electors",{{cite web |title=Faithless Elector State Laws |url=https://www.fairvote.org/faithless_elector_state_laws |website=Fair Vote |access-date=4 March 2020 |archive-date=December 19, 2016 |archive-url=https://web.archive.org/web/20161219162610/https://www.fairvote.org/faithless_elector_state_laws |url-status=live }}{{cite web |title=Laws Binding Electors |url=http://presidentialelectorlaws.us |access-date=4 March 2020 |archive-date=January 14, 2021 |archive-url=https://web.archive.org/web/20210114193449/https://presidentialelectorlaws.us/ |url-status=live }} and such laws were upheld as constitutional by the Supreme Court in 2020 in Chiafalo v. Washington.{{Cite web|url=https://www.reuters.com/article/us-usa-court-electoral-idUSKBN2471TI|title=U.S. Supreme Court restricts 'faithless electors' in presidential contests|website=Reuters|date=6 July 2020|access-date=6 July 2020|archive-date=July 6, 2020|archive-url=https://web.archive.org/web/20200706194759/https://www.reuters.com/article/us-usa-court-electoral-idUSKBN2471TI|url-status=live}} The National Popular Vote Interstate Compact does not eliminate the Electoral College or affect faithless elector laws; it merely changes how electors are pledged by the participating states.

{{anchor|SWING}}

Under the current system, campaign focus – as measured by spending, visits, and attention to regional or state issues – is largely limited to the few swing states whose electoral outcomes are competitive, with politically "solid" states mostly ignored by the campaigns. The adjacent maps illustrate the amount spent on advertising and the number of visits to each state, relative to population, by the two major-party candidates in the last stretch of the 2004 presidential campaign. 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.{{cite web|url=http://www.fairvote.org/what-is-the-national-popular-vote-plan|title=National Popular Vote|work=FairVote|access-date=July 20, 2010|archive-date=October 4, 2012|archive-url=http://webarchive.loc.gov/all/20121004144613/http://www.fairvote.org/what-is-the-national-popular-vote-plan|url-status=live}} Critics of the compact argue that candidates would have less incentive to focus on regions with smaller populations or fewer urban areas, and would thus be less motivated to address rural issues.{{cite web |url=http://archive.nationalpopularvote.com/resources/7-Page-NPV-Memo-V33-2007-6-1.pdf |title=Agreement Among the States to Elect the President by Nationwide Popular Vote |date=June 1, 2007 |access-date=July 13, 2008 |publisher=National Popular Vote |archive-date=May 6, 2019 |archive-url=https://web.archive.org/web/20190506013147/http://archive.nationalpopularvote.com/resources/7-Page-NPV-Memo-V33-2007-6-1.pdf |url-status=live }}

Opponents of the compact have raised concerns about the handling of close or disputed outcomes. National Popular Vote contends that an election being decided based on a disputed tally is far less likely under the NPVIC, which creates one large nationwide pool of voters, than under the current system, in which the national winner may be determined by an extremely small margin in any one of the fifty-one smaller statewide tallies. However, the national popular vote can theoretically be closer than the vote tally within any one state. In the event of an exact tie in the nationwide tally, NPVIC member states will award their electors to the winner of the popular vote in their state.{{cite web |url= http://www.nationalpopularvote.com/bill-text |title= Text of the National Popular Vote Compact Bill |publisher= National Popular Vote |date= May 5, 2019 |access-date= May 6, 2019 |archive-date= May 6, 2019 |archive-url= https://web.archive.org/web/20190506013153/https://www.nationalpopularvote.com/bill-text |url-status= live }} Under the NPVIC, each state will continue to handle disputes and statewide recounts as governed by their own laws.{{cite web|url=http://www.fairvote.org/recounts|title=Statewide Election Recounts, 2000–2009|work=FairVote|access-date=May 3, 2012|archive-date=April 3, 2012|archive-url=https://web.archive.org/web/20120403144709/http://www.fairvote.org/recounts|url-status=live}} The NPVIC does not include any provision for a nationwide recount, though Congress has the authority to create such a provision.{{cite web |url=https://www.nationalpopularvote.com/section_9.15#myth_9.15.7 |title=Myth: There is no mechanism for conducting a national recount |publisher=National Popular Vote |date=January 20, 2019 |access-date=April 5, 2019 |archive-date=April 21, 2019 |archive-url=https://web.archive.org/web/20190421122936/https://www.nationalpopularvote.com/section_9.15#myth_9.15.7 |url-status=live }}

Pete du Pont argues that the NPVIC would enable electoral fraud, stating, "Mr. Gore's 540,000-vote margin [in the 2000 election] amounted to 3.1 votes in each of the country's 175,000 precincts. 'Finding' three votes per precinct in urban areas is not a difficult thing...". However, National Popular Vote counters that altering the outcome via fraud would be more difficult under a national popular vote than under the current system, due to the greater number of total votes that would likely need to be changed: currently, a close election may be determined by the outcome in one (see tipping-point state) or more close states, and the margin in the closest of those states is likely to be far smaller than the nationwide margin, due to the smaller pool of voters at the state level, and the fact that several states may be capable of tipping the election.

File:Partisan_advantage.png(s). Positive values indicate a Republican advantage and negative values indicate a Democratic advantage.]]

Some supporters and opponents of the NPVIC believe it gives one party an advantage relative to the current Electoral College system. Former Delaware Governor Pete du Pont, a Republican, has argued that the compact would be an "urban power grab" and benefit Democrats. However, Saul Anuzis, former chairman of the Michigan Republican Party, wrote that Republicans "need" the compact, citing what he believes to be the center-right nature of the American electorate.{{cite news |title=Anuzis: Conservatives need the popular vote |first=Saul |last=Anuzis |url=http://www.washingtontimes.com/news/2011/may/26/anuzis-conservatives-need-the-popular-vote/ |work=Washington Times |date=May 26, 2006 |access-date=June 3, 2011 |archive-date=May 29, 2011 |archive-url=https://web.archive.org/web/20110529040809/http://www.washingtontimes.com/news/2011/may/26/anuzis-conservatives-need-the-popular-vote/ |url-status=live }} New Yorker essayist Hendrik Hertzberg concluded that the NPVIC would benefit neither party, noting that historically both Republicans and Democrats have been successful in winning the popular vote in presidential elections.{{cite magazine |title=Misguided 'objectivity' on n.p.v |first=Hendrik |last=Hertzberg |url=https://www.newyorker.com/online/blogs/hendrikhertzberg/2011/06/misguided-objectivity-on-npv.html |magazine=The New Yorker |date=June 13, 2011 |access-date=June 21, 2011 |archive-date=June 17, 2011 |archive-url=https://web.archive.org/web/20110617032952/http://www.newyorker.com/online/blogs/hendrikhertzberg/2011/06/misguided-objectivity-on-npv.html |url-status=live }}

A statistical analysis by FiveThirtyEight{{'}}s Nate Silver of all presidential elections from 1864 to 2016 (see adjacent chart) found that the Electoral College has not consistently favored one major party or the other, and that any advantage in the Electoral College does not tend to last long, noting that "there's almost no correlation between which party has the Electoral College advantage in one election and which has it four years later."{{cite news |last1=Silver |first1=Nate |title=Will The Electoral College Doom The Democrats Again? |url=https://fivethirtyeight.com/features/will-the-electoral-college-doom-the-democrats-again/ |access-date=3 April 2019 |work=FiveThirtyEight |date=November 14, 2016 |archive-date=April 3, 2019 |archive-url=https://web.archive.org/web/20190403174523/https://fivethirtyeight.com/features/will-the-electoral-college-doom-the-democrats-again/ |url-status=live }} In all four elections since 1876 in which the winner lost the popular vote, the Republican became president; however, Silver's analysis shows that such splits are about equally likely to favor either major party. A popular vote-Electoral College split favoring the Democrat John Kerry nearly occurred in 2004.{{cite news |title=California should join the popular vote parade |url=https://www.latimes.com/opinion/la-xpm-2011-jul-16-la-ed-vote-20110716-story.html |access-date=6 June 2019 |work=Los Angeles Times |date=July 16, 2011 |archive-date=May 18, 2020 |archive-url=https://web.archive.org/web/20200518102922/https://www.latimes.com/opinion/la-xpm-2011-jul-16-la-ed-vote-20110716-story.html |url-status=live }}

File:US 2020 Census State Population Per Electoral Vote.png

There is some debate over whether the Electoral College favors small- or large-population states. Those who argue that the College favors low-population states point out that such states have proportionally more electoral votes relative to their populations.{{NoteTag|Each state's electoral votes are equal to the sum of its seats in both houses of Congress. The allocation of House seats, which is nominally proportional to population (see United States congressional apportionment § Apportionment methods), has been distorted by the fixed size of the House since 1929 and the requirement that each state have at least one representative. Each state has two Senate seats regardless of population. Both factors favor less populous states.}}{{cite news |url=http://archives.starbulletin.com/2007/04/29/editorial/editorial02.html |title=Electoral College should be maintained |work=Honolulu Star-Bulletin |access-date=June 12, 2008 |date=April 29, 2007 |archive-date=October 5, 2011 |archive-url=https://web.archive.org/web/20111005064516/http://archives.starbulletin.com/2007/04/29/editorial/editorial02.html |url-status=live }}{{cite interview |url=https://www.pbs.org/newshour/bb/election/july-dec00/bbo_11-6.html |archive-url=https://web.archive.org/web/20080112114406/https://www.pbs.org/newshour/bb/election/july-dec00/bbo_11-6.html |archive-date=January 12, 2008 |url-status=dead |first1=David |last1=Broder |first2=David |last2=Brooks |first3=Tom |last3=Oliphant |interviewer=Margaret Warner |work=PBS NewsHour |title=Campaign Countdown |date=November 6, 2000 |access-date=June 12, 2008}} {{As of|2020}}, this results in voters in the least-populous state – Wyoming, with three electors – having 220% greater voting power than they would under purely proportional representation, while voters in the most populous state, California, have 16% less power.{{NoteTag|Per the 2020 census, Wyoming accounted for 0.17% of the US population, but it controls 0.56% of the Electoral College. California accounted for 11.9% of the population, but holds 54 electoral votes, or 10.0% of the College.}} In contrast, the NPVIC would give equal weight to each voter's ballot, regardless of what state they live in. Others, however, believe that since most states award electoral votes on a winner-takes-all system (the "unit rule"), the potential of populous states to shift greater numbers of electoral votes gives them more clout than would be expected from their electoral vote count alone.{{cite news |url=http://www.slate.com/id/1006680 |work=Slate |title=Faithless Elector Watch: Gimme 'Equal Protection' |first=Timothy |last=Noah |date=December 13, 2000 |access-date=June 12, 2008 |archive-date=March 8, 2008 |archive-url=https://web.archive.org/web/20080308061454/http://www.slate.com/id/1006680/ |url-status=live }}{{cite book |url=http://yalepress.yale.edu/yupbooks/book.asp?isbn=0300080360 |archive-url=https://web.archive.org/web/20110606185249/http://yalepress.yale.edu/yupbooks/book.asp?isbn=0300080360 |archive-date=2011-06-06|first1=Lawrence D. |last1=Longley |last2=Peirce |first2=Neal |title=Electoral College Primer 2000 |publisher=Yale University Press |year=1999}}{{cite book|url=http://www.oup.com/us/catalog/general/subject/Law/ConstitutionalLaw/?view=usa&ci=9780195307511 |first=Sanford |last=Levinson |title=Our Undemocratic Constitution |publisher=Oxford University Press |year=2006 |url-status=dead |archive-url=https://web.archive.org/web/20080328222321/http://www.oup.com/us/catalog/general/subject/Law/ConstitutionalLaw/?view=usa |archive-date=March 28, 2008 }}

Some opponents of a national popular vote contend that the non-proportionality of the Electoral College is a fundamental component of the federal system established by the Constitutional Convention. Specifically, the Connecticut Compromise established a bicameral legislature – with proportional representation of the states in the House of Representatives and equal representation of the states in the Senate – as a compromise between less populous states fearful of having their interests dominated and voices drowned out by larger states,{{cite web |title=Debates in the Federal Convention of 1787 – July 5 |work=Teaching American History |url=https://teachingamericanhistory.org/resources/convention/debates/0705-2/ |access-date=9 February 2020 |archive-date=May 19, 2020 |archive-url=https://web.archive.org/web/20200519004230/https://teachingamericanhistory.org/resources/convention/debates/0705-2/ |url-status=dead }} and larger states which viewed anything other than proportional representation as an affront to principles of democratic representation.{{cite web |title=Debates in the Federal Convention of 1787 – July 9 |work=Teaching American History |url=https://teachingamericanhistory.org/resources/convention/debates/0709-2/ |access-date=9 February 2020 |archive-date=May 17, 2020 |archive-url=https://web.archive.org/web/20200517212837/https://teachingamericanhistory.org/resources/convention/debates/0709-2/ |url-status=dead }} The ratio of the populations of the most and least populous states is far greater currently (68.50 {{As of|2020|4|1|alt=as of the 2020 census}}) than when the Connecticut Compromise was adopted (7.35 as of the 1790 census), exaggerating the non-proportional component of the compromise allocation.{{Synthesis inline|date=December 2024}}

Three governors who have vetoed NPVIC legislation—Arnold Schwarzenegger of California, Linda Lingle of Hawaii, and Steve Sisolak of Nevada—objected to the compact on the grounds that it could require their states' electoral votes to be awarded to a candidate who did not win a majority in their state. (California and Hawaii have since enacted laws joining the compact.) Supporters of the compact counter that under a national popular vote system, state-level majorities are irrelevant; in all states, votes contribute to the nationwide tally, which determines the winner. Individual votes combine to directly determine the outcome, while the intermediary measure of state-level majorities is rendered obsolete.{{cite news |url=http://archives.starbulletin.com/2007/04/24/news/briefs.html |work= Honolulu Star-Bulletin |title=State stays with electoral system |date=April 24, 2007 |access-date=July 13, 2008 |archive-date=October 5, 2011 |archive-url=https://web.archive.org/web/20111005064523/http://archives.starbulletin.com/2007/04/24/news/briefs.html |url-status=live }}{{cite news |title=What's Wrong With the Popular Vote? |url=http://www.hawaiireporter.com/story.aspx?6ddf1e11-986b-4a18-ab2d-dac2925fbcaa |work=Hawaii Reporter |date=April 11, 2007 |access-date=July 13, 2008 |archive-url = https://web.archive.org/web/20080110014711/http://www.hawaiireporter.com/story.aspx?6ddf1e11-986b-4a18-ab2d-dac2925fbcaa |archive-date = January 10, 2008}}

Some opponents of the compact contend that it would lead to a proliferation of third-party candidates, such that an election could be won with a plurality of as little as 15% of the vote.{{cite web |title=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. |url=https://www.nationalpopularvote.com/section_9.7#_ftn3.244 |website=National Popular Vote |date=January 19, 2019 |access-date=23 July 2020 |archive-date=July 23, 2020 |archive-url=https://web.archive.org/web/20200723173243/https://www.nationalpopularvote.com/section_9.7#_ftn3.244 |url-status=live }}{{cite news |last1=Morningstar |first1=Bernard L. |title=Abolishing Electoral College is a bad idea |url=https://www.fredericknewspost.com/opinion/letter_to_editor/abolishing-electoral-college-is-a-bad-idea/article_bcea47b7-c1e0-59b4-81cc-c0bf802929e9.html |access-date=23 July 2020 |work=Frederick News-Post |date=Sep 7, 2019 |archive-date=August 4, 2020 |archive-url=https://web.archive.org/web/20200804052637/https://www.fredericknewspost.com/opinion/letter_to_editor/abolishing-electoral-college-is-a-bad-idea/article_bcea47b7-c1e0-59b4-81cc-c0bf802929e9.html |url-status=live }} However, evidence from U.S. gubernatorial and other plurality-based races does not bear out this suggestion. In the 1975 general elections for governor in the U.S. between 1948 and 2011, 90% of winners received more than 50% of the vote, 99% received more than 40%, and all received more than 35%. Duverger's law holds that plurality elections do not generally create a proliferation of minor candidacies with significant vote shares.

Each state sets its own rules for voting, including registration deadlines, voter ID laws, poll opening and closing times, conditions for early and absentee voting, and disenfranchisement of felons.{{cite web |url= https://usafacts.org/articles/how-do-voting-laws-differ-by-state/ |title=How do voting laws differ by state? |website= USA Facts |date= August 22, 2022 |access-date= December 26, 2022 |archive-date= December 25, 2022 |archive-url= https://web.archive.org/web/20221225162957/https://usafacts.org/articles/how-do-voting-laws-differ-by-state/ |url-status= live }} Currently, parties in power have an incentive to create state rules meant to skew the relative turnout for each party in their favor, by, for example, making voting more difficult for groups that tend to vote against them. Under NPVIC, this incentive may be reduced, as electoral votes will no longer be rewarded on the basis of statewide vote totals, but on nationwide results, which are less likely to be significantly affected by the voting rules of any one state. Under the compact, however, there may be an incentive for states to create rules that make voting easier for all, to increase their total turnout, and thus their impact on the nationwide vote totals. In either system, the voting rules of each state have the potential to affect the election outcome for the entire country.{{cite web |title=Myths about Logistical Nightmares Arising from Differences in State Laws |url=https://www.nationalpopularvote.com/section_9.9 |website=National Popular Vote |date=January 19, 2019 |publisher=National Popular Vote Inc. |access-date=12 June 2023}}

{{main|Constitutionality of the National Popular Vote Interstate Compact}}

There is ongoing legal debate about the constitutionality of the NPVIC. At issue are interpretations of the Compact Clause of Article I, Section X, and states' plenary power under the Elections Clause of Article II, Section I.

A 2019 report by the Congressional Research Service examined whether the NPVIC should be considered an interstate compact, and as such, whether it would require congressional approval to take effect. At issue is whether the NPVIC would affect the vertical balance of power between the federal government and state governments,{{refn|group=list|name=Virginia v. Tennessee Compact Clause Functional View|{{sfn|Neale|Nolan|2019|p=24}}{{ussc|name=Virginia v. Tennessee|volume=148|page=503|pin=517–518|year=1893}}{{ussc|name=New Hampshire v. Maine|volume=426|page=363|pin=469|year=1976}}{{ussc|name=United States Steel Corp. v. Multistate Tax Comm'n|volume=434|page=452|pin=468|year=1978}}{{ussc|name=Cuyler v. Adams|volume=449|page=433|pin=440|year=1981}}{{ussc|name=Northeast Bancorp, Inc. v. Governors, FRS|volume=472|page=159|pin=175–176|year=1985}}}} and the horizontal balance of power between the states.{{ussc|name=Florida v. Georgia|link=Florida v. Georgia (1855)|volume=58|page=478|pin=494|year=1855}}{{ussc|name=Texas v. New Mexico and Colorado|volume=585|year=2018|docket=141-orig|slip=4}}

With respect to vertical balance of power, the NPVIC removes the possibility of contingent elections for President conducted by the U.S. House of Representatives. Whether this would be a de minimis diminishment of federal power is unresolved. The Supreme Court has also held that congressional consent is required for interstate compacts that alter the horizontal balance of power among the states. There is debate over whether the NPVIC affects the power of non-compacting states with regard to Presidential elections.{{cite journal|journal=Election Law Journal|first=Jennifer S.|last=Hendricks|volume=7|number=3|ssrn=1030385|title=Popular Election of the President: Using or Abusing the Electoral College?|date=July 1, 2008|pages=218–236|doi=10.1089/elj.2008.7306}}{{cite journal|first=Bradley T.|last=Turflinger|title=Fifty Republics and the National Popular Vote: How the Guarantee Clause Should Protect States Striving for Equal Protection in Presidential Elections|url=http://scholar.valpo.edu/cgi/viewcontent.cgi?article=1443&context=vulr|journal=Valparaiso University Law Review|publisher=Valco Scholar|access-date=September 25, 2012|year=2011|volume=45|issue=3|pages=795; 798; 833–843|archive-date=October 6, 2014|archive-url=https://web.archive.org/web/20141006180449/http://scholar.valpo.edu/cgi/viewcontent.cgi?article=1443&context=vulr|url-status=live}}{{cite journal|last=Schleifer|first=Adam|year=2007|title=Interstate Agreement for Electoral Reform|journal=Akron Law Review|volume=40|issue=4|pages=717–749|url=https://ideaexchange.uakron.edu/cgi/viewcontent.cgi?article=1221&context=akronlawreview|access-date=April 17, 2019|archive-date=May 18, 2020|archive-url=https://web.archive.org/web/20200518053612/https://ideaexchange.uakron.edu/cgi/viewcontent.cgi?article=1221&context=akronlawreview|url-status=live}}{{cite journal|last=Muller|first=Derek T.|title=The Compact Clause and the National Popular Vote Interstate Compact|journal=Election Law Journal|volume=6|issue=4|pages=372–393|publisher=Mary Ann Liebert, Inc.|doi=10.1089/elj.2007.6403|date=November 2007|s2cid=53380514}}{{cite journal|last=Muller|first=Derek T.|title=More Thoughts on the Compact Clause and the National Popular Vote: A Response to Professor Hendricks|journal=Election Law Journal|volume=7|issue=3|pages=227–233|publisher=Mary Ann Liebert, Inc.|date=2008|ssrn=2033853|doi=10.1089/elj.2008.7307}}{{cite journal|last=Drake|first=Ian J.|date=September 20, 2013|title=Federal Roadblocks: The Constitution and the National Popular Vote Interstate Compact|journal=Publius: The Journal of Federalism|publisher=Oxford University Press|volume=44|issue=4|pages=690–691|doi=10.1093/publius/pjt037}}

Ian Drake, a law professor at Montclair State University, has argued that Congress cannot consent to the NPVIC, because Congress has no power to alter the functioning of the Electoral College under Article I, Section VIII.{{cite journal|last=Drake|first=Ian J.|date=September 20, 2013|title=Federal Roadblocks: The Constitution and the National Popular Vote Interstate Compact|journal=Publius: The Journal of Federalism|publisher=Oxford University Press|volume=44|issue=4|pages=691–693|doi=10.1093/publius/pjt037}} However, a report by the Government Accountability Office suggests congressional authority is not limited in this way.{{ussc|name=Burroughs v. United States|volume=290|page=534|pin=544–545|year=1934}}{{sfn|Gamboa|2001|pp=7–9}}

The CRS report concluded that the NPVIC would likely become the source of considerable litigation, and it is likely that the Supreme Court will be involved in any resolution of the constitutional issues surrounding it.{{sfn|Neale|Nolan|2019|pp=25–26}}{{cite journal|last=Drake|first=Ian J.|date=September 20, 2013|title=Federal Roadblocks: The Constitution and the National Popular Vote Interstate Compact|journal=Publius: The Journal of Federalism|publisher=Oxford University Press|volume=44|issue=4|pages=697–698|doi=10.1093/publius/pjt037}} NPV Inc. has stated that they plan to seek congressional approval if the compact is approved by a sufficient number of states.{{cite web|publisher=National Popular Vote|title=9.16 Myths about Interstate Compacts and Congressional Consent – 9.16.5 MYTH|url=https://www.nationalpopularvote.com/section_9.16#myth_9.16.5|access-date=May 5, 2019|date=January 20, 2019|archive-date=May 6, 2019|archive-url=https://web.archive.org/web/20190506013222/https://www.nationalpopularvote.com/section_9.16#myth_9.16.5|url-status=live}}

Proponents of the compact have argued that states have the plenary power to appoint electors in accordance with the national popular vote under the Elections Clause of Article II, Section I.{{cite journal|first=Vikram|last=Amar|author-link=Vikram Amar|title=Response: The Case for Reforming Presidential Elections by Subconstitutional Means: The Electoral College, the National Popular Vote Compact, and Congressional Power|url=https://heinonline.org/HOL/LandingPage?handle=hein.journals/glj100&div=9&id=&page=&t=1556241189|journal=The Georgetown Law Journal|publisher=Georgetown University Law Center|pages=237–259|volume=100|issue=1|ssrn=1936374|date=2011|access-date=April 25, 2019|archive-date=May 18, 2020|archive-url=https://web.archive.org/web/20200518215520/https://heinonline.org/HOL/LandingPage?handle=hein.journals%2Fglj100&div=9&id=&page=&t=1556241189|url-status=live}} However, the Supreme Court has found limits on the manner in which states may appoint their electors, under several Constitutional amendments.{{sfn|Neale|Nolan|2019|p=30}}{{ussc|name=Williams v. Rhodes|volume=393|page=23|year=1968}}{{ussc|name=Oregon v. Mitchell|volume=400|page=112|year=1970}}{{sfn|Gamboa|2001|pp=9–10}}{{sfn|Rossiter|2003|pp=561–564; 566; 568}}

The Supreme Court has held in Chiafalo v. Washington that states may bind their electors to the state's popular vote, enforceable by penalty or removal and replacement.{{cite news|last=Millhiser|first=Ian|title=The Supreme Court decides not to make the Electoral College even worse|date=July 6, 2020|website=Vox|publisher=Vox Media|url=https://www.vox.com/2020/7/6/21314585/supreme-court-faithless-electors-electoral-college-elena-kagan-chiafalo-washington|access-date=July 7, 2020|archive-date=July 6, 2020|archive-url=https://web.archive.org/web/20200706210505/https://www.vox.com/2020/7/6/21314585/supreme-court-faithless-electors-electoral-college-elena-kagan-chiafalo-washington|url-status=live}}{{cite web|title=States May Curb 'Faithless Electors,' Supreme Court Rules|url=https://www.nytimes.com/2020/07/06/us/politics/electoral-college-supreme-court.html|last=Liptak|first=Adam|date=7 July 2020|work=The New York Times|page=A1|access-date=11 July 2020|archive-date=July 11, 2020|archive-url=https://web.archive.org/web/20200711155927/https://www.nytimes.com/2020/07/06/us/politics/electoral-college-supreme-court.html|url-status=live}} This has been interpreted by some legal observers as a precedent that states may likewise choose to bind their electors to the national popular vote, while other legal observers cautioned against reading the opinion too broadly.{{cite magazine |last1=Litt |first1=David |title=The Supreme Court Just Pointed Out the Absurdity of the Electoral College. It's Up to Us to End It |url=https://time.com/5863481/supreme-court-faithless-electors-electoral-college/ |magazine=Time |date=July 7, 2020 |publisher=Time |access-date=15 July 2020}}{{cite news |title=Did the Popular Vote Just Get a Win at the Supreme Court? |url=https://www.nytimes.com/2020/07/06/us/politics/supreme-court-popular-vote.html |website=The New York Times |date=July 7, 2020 |access-date=15 July 2020 |last1=Astor |first1=Maggie |last2=Stevens |first2=Matt |archive-date=August 10, 2020 |archive-url=https://web.archive.org/web/20200810155719/https://www.nytimes.com/2020/07/06/us/politics/supreme-court-popular-vote.html |url-status=live }}{{cite web |last1=Fadem |first1=Barry |title=Supreme Court's "faithless electors" decision validates case for the National Popular Vote Interstate Compact |url=https://www.brookings.edu/blog/fixgov/2020/07/14/supreme-courts-faithless-electors-decision-validates-case-for-the-national-popular-vote-interstate-compact/ |publisher=Brookings Institution |access-date=August 4, 2020 |archive-url=https://web.archive.org/web/20200717034751/https://www.brookings.edu/blog/fixgov/2020/07/14/supreme-courts-faithless-electors-decision-validates-case-for-the-national-popular-vote-interstate-compact/ |archive-date=July 17, 2020 |date=July 14, 2020 |url-status=live}}{{cite web |last1=Muller |first1=Derek |title=Avoiding the temptation to overread Chiafalo v. Washington |url=https://excessofdemocracy.com/blog/2020/7/avoiding-the-temptation-to-overread-chiafalo-v-washington |website=Excess of Democracy |date=July 7, 2020 |access-date=15 July 2020}}

Due to a lack of a precedent and case law, the CRS report concludes that whether states are allowed to appoint their electors in accordance with the national popular vote is an open question.{{sfn|Neale|Nolan|2019|pp=28–29}}

Public opinion surveys suggest that a majority or plurality of Americans support a popular vote for President. Gallup polls dating back to 1944 showed consistent majorities of the public supporting a direct vote.{{cite web|url=http://www.gallup.com/poll/2323/Americans-Historically-Favored-Changing-Way-Presidents-Elected.aspx|title=Americans Have Historically Favored Changing Way Presidents are Elected|publisher=Gallup|access-date=June 11, 2008|date=November 10, 2000|archive-date=January 1, 2008|archive-url=https://web.archive.org/web/20080101091128/http://www.gallup.com/poll/2323/Americans-Historically-Favored-Changing-Way-Presidents-Elected.aspx|url-status=live}} A 2007 Washington Post and Kaiser Family Foundation poll found that 72% favored replacing the Electoral College with a direct election, including 78% of Democrats, 60% of Republicans, and 73% of independent voters.{{cite news |url=https://www.washingtonpost.com/wp-srv/politics/interactives/independents/post-kaiser-harvard-topline.pdf |title=Washington Post-Kaiser Family Foundation-Harvard University: Survey of Political Independents |access-date=June 11, 2008 |newspaper=The Washington Post |archive-date=March 6, 2008 |archive-url=https://web.archive.org/web/20080306225154/http://www.washingtonpost.com/wp-srv/politics/interactives/independents/post-kaiser-harvard-topline.pdf |url-status=live }}

A November 2016 Gallup poll following the 2016 U.S. presidential election showed that Americans' support for amending the U.S. Constitution to replace the Electoral College with a national popular vote fell to 49%, with 47% opposed. Republican support for replacing the Electoral College with a national popular vote dropped significantly, from 54% in 2011 to 19% in 2016, which Gallup attributed to a partisan response to the 2016 result, where the Republican candidate Donald Trump won the Electoral College despite losing the popular vote.{{cite web|first=Art|last=Swift|title=Americans' Support for Electoral College Rises Sharply|publisher=Gallup|url=https://news.gallup.com/poll/198917/americans-support-electoral-college-rises-sharply.aspx|access-date=April 5, 2019|date=December 2, 2016|archive-date=April 1, 2019|archive-url=https://web.archive.org/web/20190401063357/https://news.gallup.com/poll/198917/americans-support-electoral-college-rises-sharply.aspx|url-status=live}} In March 2018, a Pew Research Center poll showed that 55% of Americans supported replacing the Electoral College with a national popular vote, with 41% opposed, but that a partisan divide remained in that support, as 75% of self-identified Democrats supported replacing the Electoral College with a national popular vote, while only 32% of self-identified Republicans did.{{cite web|title=5. The Electoral College, Congress and representation|publisher=Pew Research Center|url=https://www.people-press.org/2018/04/26/5-the-electoral-college-congress-and-representation/|access-date=April 27, 2019|date=April 26, 2018|archive-date=April 6, 2019|archive-url=https://web.archive.org/web/20190406174858/https://www.people-press.org/2018/04/26/5-the-electoral-college-congress-and-representation/|url-status=live}} A September 2020 Gallup poll showed support for amending the U.S. Constitution to replace the Electoral College with a national popular vote rose to 61% with 38% opposed, similar to levels prior to the 2016 election, although the partisan divide continued with support from 89% of Democrats and 68% of independents, but only 23% of Republicans.{{cite web|url=https://news.gallup.com/poll/320744/americans-support-abolishing-electoral-college.aspx|title=61% of Americans Support Abolishing Electoral College|publisher=Gallup|access-date=September 28, 2020|date=September 24, 2020|archive-date=September 29, 2020|archive-url=https://web.archive.org/web/20200929030208/https://news.gallup.com/poll/320744/americans-support-abolishing-electoral-college.aspx|url-status=live}} An August 2022 Pew Research Center poll showed 63% support for a national popular vote versus 35% opposed, with support from 80% of Democrats and 42% of Republicans.{{cite web|title=Majority of Americans continue to favor moving away from Electoral College |publisher=Pew Research Center|url=https://www.pewresearch.org/fact-tank/2022/08/05/majority-of-americans-continue-to-favor-moving-away-from-electoral-college/|access-date=August 16, 2022|date=August 5, 2022|archive-date=August 6, 2022|archive-url=https://web.archive.org/web/20220806144808/https://www.pewresearch.org/fact-tank/2022/08/05/majority-of-americans-continue-to-favor-moving-away-from-electoral-college/|url-status=live}}

{{further|Electoral College abolition amendment|United States Electoral College#Efforts to abolish or reform}}

The Electoral College system was established by Article II, Section 1 of the US Constitution, drafted in 1787.{{sfn|Keyssar|2020|pp=14-35}}{{sfn|Neale|Nolan|2019|pp=1–2}} It "has been a source of discontent for more than 200 years."{{sfn|Keyssar|2020|p=5}} Over 700 proposals to reform or eliminate the system have been introduced in Congress,{{sfn|Neale|Nolan|2019|p=1}} making it one of the most popular topics of constitutional reform.{{Cite journal|last1=Laurent|first1=Thibault|last2=Le Breton|first2=Michel|last3=Lepelley|first3=Dominique|last4=de Mouzon|first4=Olivier|date=April 2019|title=Exploring the Effects on the Electoral College of National and Regional Popular Vote Interstate Compact: An Electoral Engineering Perspective|url=http://tse-fr.eu/pub/33078|journal=Public Choice|language=en|volume=179|issue=1|pages=51–95|doi=10.1007/s11127-018-0576-7|s2cid=158874172|issn=0048-5829|access-date=November 23, 2020|archive-date=November 7, 2021|archive-url=https://web.archive.org/web/20211107123540/https://www.tse-fr.eu/articles/exploring-effects-electoral-college-national-and-regional-popular-vote-interstate-compact-electoral|url-status=live}} ([https://www.tse-fr.eu/sites/default/files/TSE/documents/doc/wp/2017/wp_tse_861.pdf PDF] {{Webarchive|url=https://web.archive.org/web/20210109210735/https://www.tse-fr.eu/sites/default/files/TSE/documents/doc/wp/2017/wp_tse_861.pdf |date=January 9, 2021 }}){{sfn|Keyssar|2020|p=7}} Electoral College reform and abolition has been advocated "by a long roster of mainstream political leaders with disparate political interests and ideologies."{{sfn|Keyssar|2020|p=6}} 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.{{sfn|Neale|Nolan|2019|p=1}} Reform amendments were approved by two-thirds majorities in one branch of Congress six times in history.{{sfn|Keyssar|2020|p=7}} However, other than the 12th Amendment in 1804, none of these proposals have received the approval of two-thirds of both branches of Congress and three-fourths of the states required to amend the Constitution.{{sfnm|1a1=Keyssar|1y=2020|1pp=7, 36-68 & 101-119|2a1=Neale|2a2=Nolan|2y=2019|2p=1}} The difficulty of amending the Constitution has always been the "most prominent structural obstacle" to reform efforts.{{sfn|Keyssar|2020|p=208}}

Since the 1940s, when modern scientific polling on the subject began, a majority of Americans have preferred changing the electoral college system.{{sfn|Keyssar|2020|p=5}} Between 1948 and 1979, Congress debated electoral college reform extensively, and hundreds of reform proposals were introduced in the House and Senate. During this period, Senate and House Judiciary Committees held hearings on 17 different occasions. Proposals were debated five times in the Senate and twice in the House, and approved by two-thirds majorities twice in the Senate and once in the House, but never at the same time.{{sfnm|1a1=Keyssar|1y=2020|1pp=120-176|2a1=Neale|2a2=Nolan|2y=2019|2p=4}} In the late 1960s and 1970s, over 65% of voters supported amending the Constitution to replace the Electoral College with a national popular vote,{{sfn|Keyssar|2020|p=5}} with support peaking at 80% in 1968, after Richard Nixon almost lost the popular vote while winning the Electoral College vote. A similar situation occurred again with Jimmy Carter's election in 1976; a poll taken weeks after the election found 73% support for eliminating the Electoral College by amendment. Carter himself proposed a Constitutional amendment that would include the abolition of the electoral college shortly after taking office in 1977.{{cite web|url=https://www.nytimes.com/1977/03/23/archives/carter-proposes-end-of-electoral-college-in-presidential-votes.html|title=Carter Proposes End of Electoral College in Presidential Votes|work=New York Times|author=Warren Weaver Jr. |date=March 23, 1977|access-date=July 15, 2022}} After a direct popular election amendment failed to pass the Senate in 1979 and prominent congressional advocates retired or were defeated in elections, electoral college reform subsided from public attention and the number of reform proposals in Congress dwindled.{{sfnm|1a1=Keyssar|1y=2020|1pp=178-207|2a1=Neale|2a2=Nolan|2y=2019|2p=4}}

File:ElectoralCollege2028.svg]]

The 2000 US presidential election produced the first divergence between the national popular and electoral votes since 1888, as Al Gore carried the popular vote but lost the Electoral College vote to George W. Bush.{{sfn|Neale|Nolan|2019|p=5}} This sparked studies and proposals from scholars and activists on electoral college reform, ultimately leading to the National Popular Vote Interstate Compact (NPVIC).{{sfn|Neale|Nolan|2019|pp=5-7}}

In 2001, two articles were published by law professors suggesting paths to a national popular vote through state legislative action rather than constitutional amendment.{{sfn|Keyssar|2020|p=195}} The first, a paper by Northwestern University law professor Robert W. Bennett, suggested states could pressure Congress to pass a constitutional amendment by acting together to pledge their electoral votes to the winner of the national popular vote.{{cite journal|journal=The Green Bag|first=Robert W.|last=Bennett|author-link=Robert W. Bennett|volume=4|number=3|ssrn=261057|title=Popular Election of the President Without a Constitutional Amendment|url=http://www.greenbag.org/v4n3/v4n3_articles_bennett.pdf|date=Spring 2001|access-date=January 17, 2019|archive-date=August 14, 2019|archive-url=https://web.archive.org/web/20190814232411/http://www.greenbag.org/v4n3/v4n3_articles_bennett.pdf|url-status=live}} Bennett noted that the 17th Amendment was passed only after states had enacted state-level reform measures unilaterally.{{sfn|Keyssar|2020|p=196}}

A few months later, Yale Law School professor Akhil Amar and his brother, University of California Hastings School of Law professor Vikram Amar, wrote a paper suggesting states could coordinate their efforts by passing uniform legislation under the Presidential Electors Clause and Compact Clause of the Constitution.{{cite web |url=https://supreme.findlaw.com/legal-commentary/how-to-achieve-direct-national-election-of-the-president-without-amending-the-constitution.html |title=How to Achieve Direct National Election of the President Without Amending the Constitution: Part Three Of A Three-part Series On The 2000 Election And The Electoral College |work=Findlaw |first1=Akhil Reed |last1=Amar |author-link1=Akhil Amar |first2=Vikram David |last2=Amar |author-link2=Vikram Amar |date=December 28, 2001 |access-date=November 25, 2020 |archive-date=December 3, 2020 |archive-url=https://web.archive.org/web/20201203204145/https://supreme.findlaw.com/legal-commentary/how-to-achieve-direct-national-election-of-the-president-without-amending-the-constitution.html |url-status=live }} 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.{{sfn|Keyssar|2020|p=196}} Bennett and the Amar brothers "are generally credited as the intellectual godparents" of NPVIC.{{sfn|Neale|Nolan|2019|p=6}}

Building on the work of Bennett and the Amar brothers, in 2006, John Koza, a computer scientist and former elector, created the National Popular Vote Interstate Compact (NPVIC), a formal interstate compact that linked and unified individual states' pledges to commit their electoral votes to the winner of the national popular vote. NPVIC offered what it called “a framework for building support one state at a time as well as a legal mechanism for enforcing states' commitments after the threshold of 270 had been reached."{{sfn|Keyssar|2020|p=196}} Compacts of this type had long existed to regulate interstate issues such as water rights, ports, and nuclear waste.{{sfn|Keyssar|2020|p=196}}

Koza, who had earned substantial wealth by co-inventing the scratchcard,{{sfn|Keyssar|2020|p=195}} had worked on lottery compacts such as the Tri-State Lottery with an election lawyer, Barry Fadem.{{sfn|Keyssar|2020|p=196}} To promote NPVIC, Koza, Fadem, and a group of former Democratic and Republican Senators and Representatives, formed a California 501(c)(4) non-profit, National Popular Vote Inc. (NPV, Inc.).{{sfnm|1a1=Keyssar|1y=2020|1p=195|2a1=Neale|2a2=Nolan|2y=2019|2p=8}} NPV, Inc. published Every Vote Equal, a detailed, "600-page tome"{{sfn|Keyssar|2020|p=195}} explaining and advocating for NPVIC,{{cite web |title=Every Vote Equal: A State-Based Plan for Electing the President by National Popular Vote |url=https://www.every-vote-equal.com/ |access-date=22 July 2024}}{{sfn|Neale|Nolan|2019|p=8}} and a regular newsletter reporting on activities and encouraging readers to petition their governors and state legislators to pass NPVIC.{{sfn|Neale|Nolan|2019|p=8}} NPV, Inc. also commissioned statewide opinion polls, organized educational seminars for legislators, and hired lobbyists in almost every state seriously considering NPVIC legislation.{{sfn|Keyssar|2020|p=198}}

NPVIC was announced at a press conference in Washington, D.C., on February 23, 2006,{{sfn|Neale|Nolan|2019|p=8}} with the endorsement of former US Senator Birch Bayh; Chellie Pingree, president of Common Cause; Rob Richie, executive director of FairVote; and former US Representatives John Anderson and John Buchanan.{{sfn|Keyssar|2020|p=195}} NPV, Inc. announced it planned to introduce legislation in all 50 states and had already done so in Illinois.{{sfn|Keyssar|2020|p=195}} "To many observers, the NPVIC looked initially to be an implausible, long-shot approach to reform",{{sfn|Keyssar|2020|p=196}} but within months of the campaign's launch, several major newspapers including The New York Times and Los Angeles Times, published favorable editorials.{{sfn|Keyssar|2020|p=196}} Shortly after the press conference, NPVIC legislation was introduced in five additional state legislatures,{{sfn|Neale|Nolan|2019|p=8}} "most with bipartisan support".{{sfn|Keyssar|2020|p=196}} It passed in the Colorado Senate, and in both houses of the California legislature before being vetoed by Governor Arnold Schwarzenegger.{{sfn|Keyssar|2020|p=196}}

{{further|#Bills and referendums}}

In 2007, NPVIC legislation was introduced in 42 states. It was passed by at least one legislative chamber in Arkansas,{{cite web|url=http://www.nationalpopularvote.com/state/ar|publisher=National Popular Vote Inc.|title=Progress in Arkansas|year=2009|access-date=June 6, 2008|archive-date=February 13, 2016|archive-url=https://web.archive.org/web/20160213182142/http://www.nationalpopularvote.com/state/ar|url-status=live}} California, Colorado, Illinois, New Jersey, North Carolina, Maryland, and Hawaii. Maryland became the first state to join the compact when Governor Martin O'Malley signed it into law on April 10, 2007.

By 2019, NPVIC legislation had been introduced in all 50 states. {{#section:National Popular Vote Interstate Compact|As_of_month}}, the NPVIC has been adopted by {{#invoke:NPVIC status|states|passed|spell}} states and the District of Columbia. Together, they have {{#invoke:NPVIC status|EVs|passed}} electoral votes, which is {{#iferror:{{#invoke:NPVIC status|percent|passed}}|{{error|Value not available when editing this section in isolation}}}} of the Electoral College and {{#iferror:{{#invoke:NPVIC status|percent|passed|270}}|{{error|Value not available when editing this section in isolation}}}} of the 270 votes needed to give the compact legal force.

In Nevada, the Legislature passed Assembly Joint Resolution 6 in 2023. If the Nevada Legislature passes AJR6 again in 2025, then a proposal to ratify NPVIC via an amendment to Nevada's Constitution will appear on Nevada's November 2026 ballot. If that amendment is approved by Nevada voters, then Nevada will provide its six electoral votes in support of the NPVIC.{{cite news |title=Is Nevada considering awarding its electoral votes to the presidential candidate who wins the popular vote? |last=Sims |first=Noel |language=en |publisher=The Nevada Independent |date=2023-05-31 |access-date=2024-09-15 |url=https://thenevadaindependent.com/fact-briefs/does-the-national-popular-vote-circumvent-the-constitution-1}}

States where only one chamber has passed the legislation are Arizona, Arkansas, Michigan, North Carolina, Oklahoma, and Virginia. Bills seeking to repeal the compact in Connecticut, Maryland, New Jersey, and Washington have failed.

No Republican governor has signed or allowed the compact to enter into law, though it has passed several Republican-led chambers and committees. This partisan split, if it continues, will affect the likelihood of the compact reaching the enactment threshold; see {{section link||Enactment prospects}}. The possibility of a partisan advantage to the compact is discussed in {{section link||Suggested partisan advantage}}.

{{anchor|history-chart}}

{{NPVIC chart

| curr_tot = {{#invoke:NPVIC status|EVs|passed}}

| updated = 03/31/2025

| max_tot = 255

| vert-interval = 45

| note-date1 = 01/03/2006

| note-text1 = First
legislative
introduction

| {{item| | 0| 0| start = 01/03/2006 | end = 04/10/2007 }}

| {{item| MD | 10| 10| start = 04/10/2007 }}

| {{item| NJ | 15| 25| start = 01/13/2008 }}

| {{item| IL | 21| 46| start = 04/07/2008 | x-offset=-0.2 | y-offset=-2 }}

| {{item| HI | 4| 50| start = 05/01/2008 }}

| {{item| WA | 11| 61| start = 04/28/2009 }}

| {{item| MA | 12| 73| start = 08/04/2010 | x-offset=-0.2 | y-offset=-2 }}

| {{item| DC | 3| 76| start = 10/12/2010 }}

| {{item| MD | 10| 10| census = 2010 | old_tot = 10 }}

| {{item| NJ | 14| 24| census = 2010 | old_tot = 25 }}

| {{item| IL | 20| 44| census = 2010 | old_tot = 46 }}

| {{item| HI | 4| 48| census = 2010 | old_tot = 50 }}

| {{item| WA | 12| 60| census = 2010 | old_tot = 61 }}

| {{item| MA | 11| 71| census = 2010 | old_tot = 73 }}

| {{item| DC | 3| 74| census = 2010 | old_tot = 76 }}

| census_tot_11 = 74

| {{item| VT | 3| 77| start = 04/22/2011 | x-offset=0.5 }}

| {{item| CA | 55|132| start = 08/08/2011 }}

| {{item| RI | 4|136| start = 07/12/2013 }}

| {{item| NY | 29|165| start = 04/15/2014 }}

| {{item| CT | 7|172| start = 05/24/2018 }}

| {{item| CO | 9|181| start = 03/15/2019 | x-offset=-0.4 | y-offset=-2.8 }}

| {{item| DE | 3|184| start = 03/28/2019 | x-offset=-0.2 | y-offset=-0.8 }}

| {{item| NM | 5|189| start = 04/03/2019 | y-offset=0.3 }}

| {{item| OR | 7|196| start = 06/12/2019 | y-offset=0.7 }}

| {{item| MD | 10| 10| census = 2020 | old_tot = 10 }}

| {{item| NJ | 14| 24| census = 2020 | old_tot = 24 }}

| {{item| IL | 19| 43| census = 2020 | old_tot = 44 }}

| {{item| HI | 4| 47| census = 2020 | old_tot = 48 }}

| {{item| WA | 12| 59| census = 2020 | old_tot = 60 }}

| {{item| MA | 11| 70| census = 2020 | old_tot = 71 }}

| {{item| DC | 3| 73| census = 2020 | old_tot = 74 }}

| {{item| VT | 3| 76| census = 2020 | old_tot = 77 }}

| {{item| CA | 54|130| census = 2020 | old_tot = 132 }}

| {{item| RI | 4|134| census = 2020 | old_tot = 136 }}

| {{item| NY | 28|162| census = 2020 | old_tot = 165 }}

| {{item| CT | 7|169| census = 2020 | old_tot = 172 }}

| {{item| CO | 10|179| census = 2020 | old_tot = 181 }}

| {{item| DE | 3|182| census = 2020 | old_tot = 184 }}

| {{item| NM | 5|187| census = 2020 | old_tot = 189 }}

| {{item| OR | 8|195| census = 2020 | old_tot = 196 }}

| census_tot_21 = 195

| {{item| MN | 10|205| start = 05/24/2023 }}

| {{item| ME | 4|209| start = 04/16/2024 }}

}}

{{Clear}}

{{NPVIC table

| state1 = MD

| date1 = April 10, 2007

| method1 = Signed by Gov. Martin O'Malley

| ref1 = {{cite news |url=https://www.nbcnews.com/id/wbna18053715 |title=Maryland sidesteps electoral college |date=April 11, 2007 |publisher=NBC News |access-date=July 13, 2008 |archive-date=April 17, 2014|archive-url=https://web.archive.org/web/20140417022026/http://www.nbcnews.com/id/18053715/ |url-status=live}}

| state2 = NJ

| date2 = January 13, 2008

| method2 = Signed by Gov. Jon Corzine

| ref2 = {{cite news |url=https://www.cbsnews.com/news/new-jersey-rejects-electoral-college/ |title=New Jersey Rejects Electoral College |date=January 13, 2008 |work=CBS News |publisher=CBS |access-date=July 13, 2008 |archive-date=May 25, 2008 |archive-url=https://web.archive.org/web/20080525085551/http://www.cbsnews.com/stories/2008/01/13/politics/main3706884.shtml |url-status=live}}

| state3 = IL

| date3 = April 7, 2008

| method3 = Signed by Gov. Rod Blagojevich

| ref3 =

| state4 = HI

| date4 = May 1, 2008

| method4 = Legislature overrode veto of Gov. Linda Lingle

| ref4 =

| state5 = WA

| date5 = April 28, 2009

| method5 = Signed by Gov. Christine Gregoire

| ref5 = {{cite web |url=http://nationalpopularvote.com/state/wa |title=Progress in Washington |publisher=National Popular Vote Inc. |date=February 2016 |access-date=January 28, 2019 |archive-date=January 28, 2019 |archive-url=https://web.archive.org/web/20190128135722/https://www.nationalpopularvote.com/state/wa |url-status=live}}

| state6 = MA

| date6 = August 4, 2010

| method6 = Signed by Gov. Deval Patrick

| ref6 = {{cite web |url=http://www.nationalpopularvote.com/state/ma |title=Progress in Massachusetts |publisher=National Popular Vote Inc. |date=February 2016 |access-date=January 28, 2019 |archive-date=January 28, 2019 |archive-url=https://web.archive.org/web/20190128191219/https://www.nationalpopularvote.com/state/ma |url-status=live}}

| state7 = DC

| date7 = October 12, 2010

| method7 = Signed by Mayor Adrian Fenty{{efn|Congress did not enact a joint resolution objecting to the passage of DC's bill during the 30-day congressional review period following passage, thus allowing the District's action to proceed.{{cite web|title=How a Bill Becomes a Law – Council of the District of Columbia|website=dccouncil.gov|publisher=Council of the District of Columbia|url=https://dccouncil.gov/how-a-bill-becomes-a-law/|access-date=August 31, 2023}}}}

| ref7 = {{cite web |url=http://www.nationalpopularvote.com/state/dc |title=Progress in District of Columbia |publisher=National Popular Vote Inc. |date=February 2016 |access-date=January 28, 2019 |archive-date=January 28, 2019 |archive-url=https://web.archive.org/web/20190128191041/https://www.nationalpopularvote.com/state/dc |url-status=live}}

| state8 = VT

| date8 = April 22, 2011

| method8 = Signed by Gov. Peter Shumlin

| ref8 = {{cite web |url=http://nationalpopularvote.com/state/vt |title=Progress in Vermont |publisher=National Popular Vote Inc. |date=February 2016}}

| state9 = CA

| date9 = August 8, 2011

| method9 = Signed by Gov. Jerry Brown

| ref9 =

| state10 = RI

| date10 = July 12, 2013

| method10 = Signed by Gov. Lincoln Chafee

| ref10 = {{cite web |url=http://www.nationalpopularvote.com/state/ri |title=Progress in Rhode Island |publisher=National Popular Vote Inc. |date=February 2016 |access-date=January 28, 2019 |archive-date=January 28, 2019 |archive-url=https://web.archive.org/web/20190128191150/https://www.nationalpopularvote.com/state/ri |url-status=live}}

| state11 = NY

| date11 = April 15, 2014

| method11 = Signed by Gov. Andrew Cuomo

| ref11 = {{cite web |url=http://www.governor.ny.gov/press/04152014-national-popular-vote-compact |title=Governor Cuomo Signs Legislation Adding New York State to the National Popular Vote Compact |publisher=governor.ny.gov |date=September 29, 2014 |access-date=April 15, 2014 |archive-date=November 3, 2014 |archive-url=https://web.archive.org/web/20141103080029/http://www.governor.ny.gov/press/04152014-national-popular-vote-compact |url-status=dead}}

| state12 = CT

| date12 = May 24, 2018

| method12 = Signed by Gov. Dannel Malloy

| ref12 = {{Cite web |url=http://portal.ct.gov/-/media/7EC34BBF88A74E82BCA07B40681909F0.pdf |title=The Office of Governor Dannel P. Malloy – Bill Notifications |access-date=May 24, 2018 |archive-date=May 25, 2018 |archive-url=https://web.archive.org/web/20180525132641/http://portal.ct.gov/-/media/7EC34BBF88A74E82BCA07B40681909F0.pdf |url-status=live}}

| state13 = CO

| date13 = March 15, 2019

| method13 = Signed by Gov. Jared Polis

| ref13 = {{cite web |url=https://www.colorado.gov/governor/news/gov-polis-signs-bills-law-1 |title=Gov. Polis Signs Bills Into Law |publisher=Colorado Governor Polis Official Site |access-date=March 16, 2019 |archive-date=March 18, 2019 |archive-url=https://web.archive.org/web/20190318082056/https://www.colorado.gov/governor/news/gov-polis-signs-bills-law-1 |url-status=live}}

| state14 = DE

| date14 = March 28, 2019

| method14 = Signed by Gov. John Carney

| ref14 = {{cite news |url=https://www.washingtonpost.com/national/delaware-governor-signs-national-popular-vote-bill/2019/03/28/befb10e2-5184-11e9-bdb7-44f948cc0605_story.html |archive-url=https://web.archive.org/web/20190328201115/https://www.washingtonpost.com/national/delaware-governor-signs-national-popular-vote-bill/2019/03/28/befb10e2-5184-11e9-bdb7-44f948cc0605_story.html |url-status=dead |archive-date=March 28, 2019 |title=Delaware governor signs national popular vote bill |last=Chase |first=Randall |date=March 28, 2019 |newspaper=Washington Post |access-date=March 28, 2019}}

| state15 = NM

| date15 = April 3, 2019

| method15 = Signed by Gov. Michelle Lujan Grisham

| ref15 = {{cite news |url=https://www.abqjournal.com/1299350/expungement-electoral-college-bills-signed-by-governor.html |title=Expungement, Electoral College bills signed by governor |last=McKay |first=Dan |date=April 3, 2019 |website=Albuquerque Journal |access-date=April 3, 2019 |archive-date=April 3, 2019 |archive-url=https://web.archive.org/web/20190403213545/https://www.abqjournal.com/1299350/expungement-electoral-college-bills-signed-by-governor.html |url-status=live}}

| state16 = OR

| date16 = June 12, 2019

| method16 = Signed by Gov. Kate Brown

| ref16 = {{cite news |title=Governor signs bill to change the way Oregon helps choose the president |url=https://www.oregonlive.com/politics/2019/06/governor-signs-bill-to-change-the-way-oregon-helps-choose-the-president.html |access-date=12 June 2019 |work=OregonLive |date=June 12, 2019 |archive-date=June 12, 2019 |archive-url=https://web.archive.org/web/20190612230817/https://www.oregonlive.com/politics/2019/06/governor-signs-bill-to-change-the-way-oregon-helps-choose-the-president.html |url-status=live}}

| state17 = MN

| date17 = May 24, 2023

| method17 = Signed by Gov. Tim Walz

| ref17 = {{cite news |title=Gov. Walz, Democrats and advocates celebrate $72 billion budget |url=https://www.startribune.com/gov-walz-democrats-advocates-celebrate-72-billion-state-budget-minnesota/600277428/ |access-date=24 May 2023 |website=Star Tribune |date=May 24, 2023}}

| state18 = ME

| date18 = April 16, 2024

| method18 = Enacted without signature of Gov. Janet Mills

| ref18 = {{Cite web |title=131st Maine Legislature, First Special Session |url=https://legislature.maine.gov/bills/display_ps.asp?snum=131&paper=HP1023&PID=1456 |access-date=July 17, 2024 |publisher=Maine Legislature}}

}}

{{for|a detailed history of bills to adopt the compact|#Bills and referendums}}

In Maine, an initiative to join the National Popular Vote Interstate Compact began collecting signatures on April 17, 2016. It failed to collect enough signatures to appear on the ballot.{{cite web|url=http://www.maine.gov/sos/cec/elec/citizens/index.html|title=Bureau of Corporations, Elections & Commissions|website=Maine.gov|language=en|access-date=2017-12-21|archive-date=January 8, 2018|archive-url=https://web.archive.org/web/20180108232209/http://maine.gov/sos/cec/elec/citizens/index.html|url-status=live}}{{Cite news|url=https://ballotpedia.org/Maine_National_Popular_Vote_Interstate_Compact_Initiative_(2018)|title=Maine National Popular Vote Interstate Compact Initiative (2018) - Ballotpedia|access-date=2017-12-21|language=en-US|archive-date=November 8, 2018|archive-url=https://web.archive.org/web/20181108101420/https://ballotpedia.org/Maine_National_Popular_Vote_Interstate_Compact_Initiative_(2018)|url-status=live}} In Arizona, a similar initiative began collecting signatures on December 19, 2016, but failed to collect the required 150,642 signatures by July 5, 2018.{{cite web|url=http://apps.azsos.gov/election/2018/general/initiatives.htm|title=2018 Initiatives, Referendums & Recalls|access-date=December 21, 2017|archive-date=April 28, 2018|archive-url=https://web.archive.org/web/20180428032228/http://apps.azsos.gov/election/2018/general/initiatives.htm|url-status=live}}{{Cite news|url=https://ballotpedia.org/Arizona_National_Popular_Vote_Interstate_Agreement_Initiative_(2018)|title=Arizona National Popular Vote Interstate Agreement Initiative (2018) - Ballotpedia|access-date=2017-12-21|language=en-US|archive-date=May 9, 2017|archive-url=https://web.archive.org/web/20170509010716/https://ballotpedia.org/Arizona_National_Popular_Vote_Interstate_Agreement_Initiative_(2018)|url-status=live}} In Missouri, an initiative did not collect the required number of signatures before the deadline of May 6, 2018.{{cite web|url=https://www.sos.mo.gov/default.aspx?PageID=8736#2018164|title=2018 Initiative Petitions Approved for Circulation in Missouri|last=IT|first=Missouri Secretary of State -|website=sos.mo.gov|language=en-US|access-date=2017-12-21|archive-date=July 10, 2017|archive-url=https://web.archive.org/web/20170710203233/http://www.sos.mo.gov/default.aspx?PageID=8736#2018164|url-status=live}}{{Cite news|url=https://ballotpedia.org/Missouri_National_Popular_Vote_Interstate_Agreement_Initiative_(2018)|title=Missouri National Popular Vote Interstate Agreement Initiative (2018) - Ballotpedia|access-date=2017-12-21|language=en-US|archive-date=May 9, 2017|archive-url=https://web.archive.org/web/20170509024801/https://ballotpedia.org/Missouri_National_Popular_Vote_Interstate_Agreement_Initiative_(2018)|url-status=live}}

Colorado Proposition 113, a ballot measure seeking to overturn Colorado's adoption of the compact, was on the November 3, 2020 ballot; Colorado's membership was affirmed by a vote of 52.3% to 47.7% in the referendum.{{Cite news|title=Colorado Election: Proposition 113 Results|language=en-US|work=Secretary of State of Colorado|url=https://results.enr.clarityelections.com/CO/105975/web.264614/#/detail/1126|access-date=2020-11-11|archive-date=March 22, 2021|archive-url=https://web.archive.org/web/20210322143944/https://results.enr.clarityelections.com/CO/105975/web.264614/#/detail/1126|url-status=live}}

In April 2021, reapportionment following the 2020 census caused NPVIC members California, Illinois and New York to each lose one electoral vote, and Colorado and Oregon to each gain one, causing the total electoral votes represented by members to fall from 196 to 195.

On February 17, 2021, the North Dakota Senate passed SB 2271,{{cite web |url=https://www.legis.nd.gov/assembly/67-2021/bill-index/bi2271.html |publisher=North Dakota State Government |title=North Dakota Bill Versions: SB 2271 |year=2021 |access-date=March 19, 2021 |archive-date=February 26, 2021 |archive-url=https://web.archive.org/web/20210226230651/https://www.legis.nd.gov/assembly/67-2021/bill-index/bi2271.html |url-status=live }} "to amend and reenact sections ... relating to procedures for canvassing and counting votes for presidential electors".{{cite web |url=https://www.legis.nd.gov/assembly/67-2021/bill-actions/ba2271.html |publisher=North Dakota State Government |title=North Dakota Bill Actions: SB 2271 |year=2021 |access-date=March 19, 2021 |archive-date=April 9, 2021 |archive-url=https://web.archive.org/web/20210409210851/https://www.legis.nd.gov/assembly/67-2021/bill-actions/ba2271.html |url-status=live }} The bill is an indirect effort to stymie the efficacy of the NPVIC by prohibiting disclosure of the state's popular vote until after the Electoral College meets.{{cite web |url=https://www.legis.nd.gov/assembly/67-2021/bill-testimony/bt2271.html |publisher=North Dakota State Government |title=Testimony for Bill 2271 {{pipe}} Legislative Assembly: State of North Dakota |year=2021 |access-date=March 19, 2021 |archive-date=February 26, 2021 |archive-url=https://web.archive.org/web/20210226230702/https://www.legis.nd.gov/assembly/67-2021/bill-testimony/bt2271.html |url-status=live }}{{cite web |url=https://weeklysift.com/2021/03/01/north-dakota-is-about-to-kill-the-national-popular-vote-compact/ |title=North Dakota Is About to Kill the National Popular Vote Compact |last=Muder |first=Doug |date=March 1, 2021 |website=The Weekly Sift |access-date=March 19, 2021 |archive-date=March 3, 2021 |archive-url=https://web.archive.org/web/20210303045844/https://weeklysift.com/2021/03/01/north-dakota-is-about-to-kill-the-national-popular-vote-compact/ |url-status=live }} Later the bill was entirely rewritten as only a statement of intent and ordering a study for future recommendations, and this version was signed into law.

The table below lists all state bills to join the NPVIC introduced in a state's current or most recent legislative session.{{cite web|url=http://www.ncsl.org/research/elections-and-campaigns/elections-legislation-database.aspx|title=Elections Legislation Database|publisher=National Conference of State Legislatures|access-date=February 5, 2023}} That includes all bills that are law, pending or have failed. The "EVs" column indicates the number of electoral votes each state has.

The table below lists past bills that received a floor vote (a vote by the full chamber) in at least one chamber of the state's legislature. Bills that failed without a floor vote are not listed.

{{hatnote|Note: The "EVs" column indicates the number of electoral votes the state had at the time of the latest vote on the bill. This number may have changed since then due to reapportionment after the 2010 and 2020 census.}}

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; Bundled references

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• {{cite report|last=Whitaker|first=L. Paige|date=May 17, 2023|title=Campaign Finance Law: An Analysis of Key Issues, Recent Developments, and Constitutional Considerations for Legislation|publisher=Congressional Research Service|url=https://crsreports.congress.gov/product/pdf/R/R45320/|access-date=June 29, 2023}}
• {{cite report|title=Report on the Electoral Count Act of 1887: Proposals for Reform|year=2022|publisher=United States House Committee on House Administration|url=https://cha.house.gov/sites/evo-subsites/democrats-cha.house.gov/files/documents/Electoral%20Count%20Act%20Staff%20Report_.pdf|ref={{sfnRef|House Administration Committee|2022}}|access-date=May 18, 2023|archive-date=May 18, 2023|archive-url=https://web.archive.org/web/20230518215903/https://cha.house.gov/sites/evo-subsites/democrats-cha.house.gov/files/documents/Electoral%20Count%20Act%20Staff%20Report_.pdf|url-status=dead}}
• {{Cite book|last=Keyssar |first=Alexander |author-link=Alexander Keyssar |date=2020 |url=https://books.google.com/books?id=1FvhDwAAQBAJ |title=Why do we still have the electoral college? |isbn=9780674974142 |oclc=1153869791 |publisher=Harvard University Press |language=en}}
• {{cite report|last=Neale|first=Thomas H.|date=October 22, 2020|title=The Electoral College: A 2020 Presidential Election Timeline|publisher=Congressional Research Service|url=https://crsreports.congress.gov/product/pdf/IF/IF11641|access-date=July 3, 2023}}
• {{cite report|last=Whitaker|first=L. Paige|date=September 8, 2020|title=Political Campaign Contributions and Congress: A Legal Primer|publisher=Congressional Research Service|url=https://crsreports.congress.gov/product/pdf/R/R46521|access-date=June 29, 2023}}
• {{cite report|title=Report on Russian Active Measures Campaigns and Interference in the 2016 U.S. Election, Volume 5: Counterintelligence Threats and Vulnerabilities|year=2020|publisher=United States Senate Select Committee on Intelligence|url=https://www.intelligence.senate.gov/sites/default/files/documents/report_volume5.pdf|ref={{sfnRef|Senate Intelligence Committee|2020}}|access-date=June 23, 2023}}
• {{cite report|title=Report On The Investigation Into Russian Interference In The 2016 Presidential Election, Volume II of II|date=June 2020b|publisher=United States Department of Justice|url=https://storage.courtlistener.com/recap/gov.uscourts.dcd.205521/gov.uscourts.dcd.205521.122.2.pdf|ref={{sfnRef|Justice Department|2020b}}|access-date=July 1, 2023}}
• {{cite report|title=Report On The Investigation Into Russian Interference In The 2016 Presidential Election, Volume I of II|date=June 2020a|publisher=United States Department of Justice|url=https://storage.courtlistener.com/recap/gov.uscourts.dcd.205521/gov.uscourts.dcd.205521.122.1.pdf|ref={{sfnRef|Justice Department|2020a}}|access-date=July 1, 2023}}
• {{cite report|last1=Neale|first1=Thomas H.|last2=Nolan|first2=Andrew|title=The National Popular Vote (NPV) Initiative: Direct Election of the President by Interstate Compact|publisher=Congressional Research Service|date=October 28, 2019|url=https://crsreports.congress.gov/product/pdf/R/R43823/9|access-date=November 10, 2019}}
• {{cite report|title=Report on Russian Active Measures Campaigns and Interference in the 2016 U.S. Election, Volume 2: Russia's Use of Social Media with Additional Views|date=October 2019b|publisher=United States Senate Select Committee on Intelligence|url=https://www.intelligence.senate.gov/sites/default/files/documents/Report_Volume2.pdf|ref={{sfnRef|Senate Intelligence Committee|2019b}}|access-date=June 23, 2023}}
• {{cite report|title=Report on Russian Active Measures Campaigns and Interference in the 2016 U.S. Election, Volume 1: Russian Efforts Against Election Infrastructure with Additional Views|date=July 2019a|publisher=United States Senate Select Committee on Intelligence|url=https://www.intelligence.senate.gov/sites/default/files/documents/Report_Volume1.pdf|ref={{sfnRef|Senate Intelligence Committee|2019a}}|access-date=June 21, 2023}}
• {{cite book|title=The Federalist Papers|editor-first=Clinton|editor-last=Rossiter|editor-link=Clinton Rossiter|publisher=Signet Classics|year=2003|isbn=9780451528810|title-link=The Federalist Papers}}
• {{cite report|last=Gamboa|first=Anthony H.|title=Elections: The Scope of Congressional Authority in Election Administration|date=March 13, 2001|publisher=General Accounting Office|url=https://www.gao.gov/assets/gao-01-470.pdf|access-date=June 8, 2023}}

• [https://www.nationalpopularvote.com/ NationalPopularVote.com] - 501(c)(4) advocacy organization
• [https://www.nationalpopularvote.com/bill-text Text of the National Popular Vote Compact Bill]

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Category:United States interstate compacts

Category:Electoral reform in the United States

Category:United States Electoral College

Category:Interstate compacts of California