what states give electoral votes to popular vote winner

National Pop Vote Interstate Meaty
Formation date:	2008
Member jurisdictions:	sixteen
Result(southward):	Voting
Compact website

The National Pop Vote Interstate Compact (NPVIC) is an interstate compact to award member states' presidential electors to the candidate that receives the most votes nationwide. The NPVIC would go into effect if states representing at least 270 balloter college votes adopt the legislation.^{[1] [ii]}

Equally of December 2021, fifteen states and Washington, D.C., had adopted legislation to join the National Pop Vote Interstate Meaty. Together, they represent 195 Electoral Higher votes.^{[1] [two]}

Article Ii, Section 1 of the U.S. Constitution gives states the authority to decide how their electoral votes will exist awarded: "Each Country shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors." This compact does not abolish the electoral college system; rather, the compact awards all of the electoral votes from the member states to the candidate who receives the most votes nationwide.^[1]

History

Near states award all of their balloter votes to the candidate who receives the most votes in the state. In 2016, Donald Trump won the presidential election with 304 electoral votes but Hillary Clinton received the most votes nationwide. The 2016 ballot was not the merely example in which the winner of the presidential election did non receive the most votes nationwide; it happened in five of the 58 presidential elections in U.Southward. history.^[3]

Status of the compact past state

This folio was last updated April 2022. States shaded in bluish had enacted National Pop Vote Interstate Meaty legislation.

Timeline

The following table provides a timeline of what states had joined the NPVIC, what political parties controlled government at the time, and the country's electoral votes based on the results of the 2020 census.

Country/District	Year	Regime	Enactment	EVs (2024)
Maryland	2007	Democratic trifecta	Gov. Martin O'Malley signed legislation	10
New Jersey	2008	Democratic trifecta	Gov. Jon Corzine signed legislation	xiv
Illinois	2008	Democratic trifecta	Gov. Rod Blagojevich signed legislation	19
Hawaii	2008	Divided government	Democratic-controlled legislature overrode Gov. Linda Lingle's (R) veto of legislation	4
Washington	2009	Democratic trifecta	Gov. Christine Gregoire signed legislation	12
Massachusetts	2010	Democratic trifecta	Gov. Deval Patrick signed legislation	11
Washington, D.C.	2010	Democratic trifecta	Mayor Adrian Fenty signed legislation	3
Vermont	2011	Democratic trifecta	Gov. Peter Shumlin signed legislation	iii
California	2011	Democratic trifecta	Gov. Jerry Dark-brown signed legislation	54
Rhode Isle	2013	Democratic trifecta	Gov. Lincoln Chafee signed legislation	4
New York	2014	Divided government	Gov. Andrew Cuomo signed legislation	28
Connecticut	2018	Democratic trifecta	Gov. Dannel Malloy signed legislation	7
Delaware	2019	Autonomous trifecta	Gov. John Carney signed legislation	3
New Mexico	2019	Democratic trifecta	Gov. Michelle Lujan Grisham signed legislation	v
Oregon	2019	Democratic trifecta	Gov. Kate Brown signed legislation	8
Colorado	2020	Democratic trifecta	Gov. Jared Polis (D) signed; law challenged and upheld through voter approval of Proposition 113[4]	10
Full:				195

Text of the compact

The legislature of each member state passes the laws with sure and modifications, but the cadre of the legislation remains the same.

Commodity I: Membership Any Country of the United States and the Commune of Columbia may become a fellow member of this agreement past enacting this agreement. Article 2: Correct of the People in Fellow member States to Vote for President and Vice President Each member state shall conduct a statewide pop election for President and Vice President of the United states of america. Article III: Manner of Appointing Presidential Electors in Member States Prior to the fourth dimension gear up past law for the meeting and voting by the presidential electors, the chief election official of each fellow member country shall determine the number of votes for each presidential slate in each State of the United states and in the District of Columbia in which votes take been cast in a statewide popular election and shall add such votes together to produce a "national popular vote total" for each presidential slate. The chief election official of each fellow member state shall designate the presidential slate with the largest national popular vote total equally the "national popular vote winner." The presidential elector certifying official of each fellow member state shall certify the appointment in that official's own land of the elector slate nominated in that state in association with the national popular vote winner. At to the lowest degree vi days before the mean solar day stock-still by constabulary for the meeting and voting past the presidential electors, each fellow member state shall make a final decision of the number of popular votes cast in the state for each presidential slate and shall communicate an official statement of such determination within 24 hours to the master election official of each other member state. The chief election official of each member land shall treat as conclusive an official statement containing the number of pop votes in a country for each presidential slate made past the day established by federal law for making a state's last determination conclusive as to the counting of balloter votes by Congress. In result of a tie for the national popular vote winner, the presidential elector certifying official of each member country shall certify the appointment of the elector slate nominated in association with the presidential slate receiving the largest number of popular votes within that official's own state. If, for any reason, the number of presidential electors nominated in a member state in clan with the national popular vote winner is less than or greater than that state's number of electoral votes, the presidential candidate on the presidential slate that has been designated every bit the national popular vote winner shall have the ability to nominate the presidential electors for that state and that land's presidential elector certifying official shall certify the date of such nominees. The chief election official of each member state shall immediately release to the public all vote counts or statements of votes every bit they are adamant or obtained. This article shall govern the appointment of presidential electors in each member land in any year in which this understanding is, on July 20, in consequence in states cumulatively possessing a majority of the electoral votes. Article 4: Other Provisions This agreement shall take effect when states cumulatively possessing a bulk of the electoral votes have enacted this agreement in substantially the same form and the enactments by such states have taken effect in each state. Whatever member state may withdraw from this understanding, except that a withdrawal occurring six months or less before the end of a President's term shall non go effective until a President or Vice President shall have been qualified to serve the next term. The chief executive of each fellow member state shall promptly notify the master executive of all other states of when this agreement has been enacted and has taken upshot in that official'southward state, when the land has withdrawn from this understanding, and when this agreement takes event by and large. This understanding shall terminate if the electoral higher is abolished. If any provision of this agreement is held invalid, the remaining provisions shall not be affected. Article V: Definitions For purposes of this agreement, "chief executive" shall mean the Governor of a State of the United States or the Mayor of the District of Columbia; "elector slate" shall hateful a slate of candidates who have been nominated in a state for the position of presidential elector in clan with a presidential slate; "chief election official" shall mean the state official or torso that is authorized to certify the total number of pop votes for each presidential slate; "presidential elector" shall mean an elector for President and Vice President of the United States; "presidential elector certifying official" shall mean the state official or body that is authorized to certify the date of the state's presidential electors; "presidential slate" shall mean a slate of two persons, the first of whom has been nominated every bit a candidate for President of the United states and the second of whom has been nominated every bit a candidate for Vice President of the United states, or any legal successors to such persons, regardless of whether both names announced on the ballot presented to the voter in a particular state; "country" shall mean a State of the U.s.a. and the Commune of Columbia; and "statewide popular election" shall mean a full general election in which votes are bandage for presidential slates past private voters and counted on a statewide basis.

Arguments

The Congressional Research Service published a document on the NPVIC, which contained arguments for and against the compact. The post-obit are excerpts of the arguments:^[5]

Support

• "Proponents of the NPV initiative arguably share the philosophical criticism voiced by proponents of directly pop election, who maintain that the balloter higher system is intrinsically undemocratic—it provides for "indirect" election of the President and Vice President."
• "NPV advocates also assert the compact would provide a applied benefit to states that tend to exist noncompetitive in presidential elections and which therefore receive fewer entrada visits by major party candidates. With "every vote equal," NPV maintains that presidential and vice presidential nominees and their organizations would need to spread their presence and resources more than evenly as they campaigned for every vote nationwide, rather than concentrate on winning key "battlefield" states."
• "NPV advocates too maintain that the concentration of entrada resource, advertising, and candidate appearances in battleground states depresses turnout in "flyover" states, where candidates make few campaign appearances."

Opposition

• "Some fence that it is unconstitutional or "anticonstitutional," that is, contrary to the Founders' intentions and the spirit of the nation's primal charter."
• "The existing electoral college system, NPV skeptics might also assert, is a central chemical element in the federal constitutional arrangements established past the Constitution. Fearing "the tyranny of the majority," the Founders established a system of government that provides checks and balances designed to restrain the bulk and secure minority rights."
• "Successful nominees are compelled under this organization to present a broad political vision that commands nation-spanning "concurrent majorities" and appeals to the great variety of Americans. ... The NPV initiative, they could claim, would discard the Founders' intentions in favor of what they consider to be a flawed "majoritarian" presidency that would ill-serve a continent-spanning and profoundly diverse republic."

Constitutionality of compact

The Meaty Clause of the U.Due south. Constitution says that "No State shall, without the Consent of Congress... enter into whatsoever Understanding or Compact with another State..." Proponents of the NPVIC debate that the compact is constitutional, whereas opponents argue the compact is an unconstitutional violation of the Compact Clause without Congress' consent.

Constitutional

Jessica Heller, a legal writer at FairVote:^[6]

"

On its face, the Compact Clause does ostensibly prohibit whatsoever compact between states lacking congressional consent. Nevertheless, the Supreme Court has definitively stated that "not all agreements betwixt States are subject to the strictures of the Compact clause." U.S. Steel Corp. v. Multistate Tax Comm'n, 98 Due south.Ct. 799, 469 (1978). Rather, the prohibition is only directed "to the formation of any combination tending to the increase of political power in united states of america, which may encroach upon or interfere with the just supremacy of the United States." Id at 468, quoting Virginia v. Tennessee, 148 U.S. 503, 519 (1893). Therefore, if the NPVC does not infringe upon federal supremacy, it does not require congressional consent. By that logic, the NPVC is certainly valid every bit it stands. ... Electors are chosen by the state, and are therefore state, rather than federal officials. United states of america' plenary power to choose its electors goes to the heart of a republic government, a regime whose leader is chosen by the people. Requiring congressional approval would directly borrow on that power, meaning that any claim that the Compact Clause would crave such approval for the NPVC would put the Compact Clause and the Guarantee Clause in directly conflict with 1 another. ... Each land's votes would still exist counted, and each state would accept an equally important role in choosing the President. Zero in the NPVC would alter not-compacting states' sovereign correct to choose its electors. Therefore, any Compact Clause challenge to the NPVC should fail.[7]

"

Unconstitutional

William G. Ross, a law professor at Cumberland School of Constabulary at Samford Academy:^[viii]

"

Although the US Supreme Court has concluded that the Compact Clause does not require Congress to consent to compacts that affect only the internal affairs of the compacting states, it has indicated in US Steel Corporation v. Multistate Revenue enhancement Commission that the Compact Clause requires Congress to consent to an understanding that "would enhance the political power of the member States in a fashion that encroaches upon the supremacy of the United States," or "impairs the sovereign rights of non-member states." ... Although the compact would not violate the letter of the Constitution since it would retain the Balloter Higher and would not alter the method by which electoral votes are assigned or change the number of electoral votes that any state has, it would jettison the federalist structure of the Electoral College to the extent that the popular vote rather than the votes of individual states would determine the consequence. The compact'due south reduction of the Electoral College to an empty shell would therefore thwart the intention of the Framers of the original Constitution and the framers of the Twelfth Amendment, which reformed the Electoral College in 1804, since the Constitution clearly contemplates that balloter votes volition be cast by the states every bit states rather than by united states every bit commonage or compacting entities.[seven]

"

Recent events

November 3, 2020: Colorado NPVIC legislation upheld through voter approval of Proposition 113

The campaign Protect Colorado'due south Vote submitted over 227,000 signatures for a veto referendum designed to place Colorado's NPVIC legislation, passed in March 2019, on the election for voter blessing or rejection. At to the lowest degree 124,632 signatures had to be valid. The referendum effort suspended the law from going into effect until voters decided the law's fate. Voters approved the measure, thereby upholding the legislation that joined Colorado to the NPVIC.^[9]

February eleven, 2020: Virginia House passes NPVIC legislation

On February 11, 2020, the Virginia House passed House Neb 177 to join the land into the National Pop Vote Interstate Meaty. The bill was sent to the Senate on Feb 12, 2020. The Senate voted to go along the bill to the 2021 legislative session in the privileges and elections commission. More information on HB 177 can be found here.

June nineteen, 2019: Maine House rejects NPVIC legislation

On May xiv, 2019, the Maine State Senate voted 19-sixteen on Legislative Document 816 (LD 816) to bring together Maine in the National Popular Vote Interstate Compact.^[10] The Maine Firm of Representatives rejected LD 816 in a vote of 66-76 on May thirty, 2019.^[eleven] The state House reconsidered LD 816 on June xix, 2019, voting 69-74 to reject the bill.^[12]

June 12, 2019: Oregon joins NPVIC

On June 12, 2019, Oregon Gov. Kate Brown (D) signed Senate Bill 870 (SB 870) to join Oregon in the National Popular Vote Interstate Compact. In the state Senate, the bill was passed 17-12. In the land House, the bill was passed 37-22.^{[13] [14]}

May 30, 2019: Nevada Democratic Gov. Sisolak vetoes NPVIC beak

On May 30, 2019, Nevada Democratic Gov. Steve Sisolak vetoed Assembly Bill 186 (AB 186), which would have joined Nevada in the National Popular Vote Interstate Compact. Gov. Sisolak said, "One time constructive, the National Pop Vote Interstate Compact could diminish the part of smaller states like Nevada in national electoral contests and force Nevada's electors to side with whoever wins the nationwide popular vote, rather than the candidate Nevadans choose."^[15]

On April xvi, 2019, the Nevada State Assembly voted 23-17 on AB 186 to bring together Nevada in the National Popular Vote Interstate Meaty.^{[16] [17]} On May 21, 2019, the Nevada State Senate voted 12-8 on AB 186, sending the beak to the governor's desk-bound.^[xviii]

Apr 3, 2019: New Mexico joins NPVIC

On Apr three, 2019, Gov. Michelle Lujan Grisham (D) signed House Nib 55 (HB 55), joining New Mexico in the National Popular Vote Interstate Compact. The state House approved HB 55 in a 41-27 vote on February i, 2019. The country Senate canonical the legislation in a 25-16 vote on March 12, 2019.^[19]

March 28, 2019: Delaware joins NPVIC

Gov. John Carney Jr. (D) signed Senate Bill 22 (SB 22) on March 28, 2019, joining Delaware in the National Pop Vote Interstate Compact. Sen. Bryan Townsend (D-11) sponsored the legislation. The country Senate passed SB 22 in a vote of 14-7 on March 7, 2019. The state Firm passed the beak in a vote of 24-17 on March 14.

March 15, 2019: Colorado joins NPVIC

On March fifteen, 2019, Colorado Gov. Jared Polis (D) signed Senate Bill 42 (SB 42) into law, which joined Colorado in the National Popular Vote Interstate Compact. State Sen. Mike Foote (D-17) and Reps. Emily Sirota (D-9) and Jennifer Arndt (D-53) sponsored the law in the Colorado Country Legislature. SB 42 passed the Colorado State Senate on January 29, 2019, in a vote of nineteen to 16. On February 21, 2019, the Colorado House of Representatives approved SB 42, with 34 senators supporting the legislation and 29 senators opposing the legislation.^{[20] [21] [22]}

See also

• Interstate compact
• National pop vote

External links

• The Council of Country Governments - National Eye for Interstate Compacts
• National Popular Vote Interstate Compact
• National Popular Vote

Footnotes

1. ↑ ^{1.0 1.i ane.2} National Pop Vote.com, Chief folio, accessed August 9, 2011 Cite error: Invalid <ref> tag; name "nationalvote" defined multiple times with different content
2. ↑ ^{ii.0 two.1} National Center for Interstate Compacts, "National Popular Vote Interstate Compact," accessed March vi, 2016
3. ↑ National Pop Vote.com, "Caption," accessed May xviii, 2018
4. ↑ In Colorado, the state legislature passed NPVIC legislation in 2019, which Gov. Jared Polis (D) signed on March 15, 2019. Rose Pugliese and Don Wilson filed a veto referendum against the legislation, and collected signatures for the law to announced on the ballot. The veto plebiscite suspended the law until voters upheld the legislation at the election on November 3, 2020.
5. ↑ Congressional Research Service, "The National Popular Vote (NPV) Initiative: Direct Election of the President by Interstate Compact," accessed June 11, 2019
6. ↑ FairVote, "Dispelling the Major Legal Arguments Against the National Popular Vote Compact," June eleven, 2012
7. ↑ ^{seven.0 7.1} Notation: This text is quoted verbatim from the original source. Any inconsistencies are owing to the original source.
8. ↑ Jurist, "Popular Vote Meaty: Fraught With Ramble Perils," February 28, 2012
9. ↑ The Denver Post, "Claiming of national popular vote compact makes Colorado's 2020 election," Baronial 29, 2019
10. ↑ Bangor Daily News, "Maine Senate backs button to replace Electoral College with national popular vote," May 14, 2019
11. ↑ Bangor Daily News, "Maine House rejects effort to link Balloter Higher to national pop vote," May 30, 2019
12. ↑ Maine State Legislature, "LD 816," accessed May 15, 2019
13. ↑ Oregon State Legislature, "Senate Bill 870," accessed June half-dozen, 2019
14. ↑ CNN, "Oregon bill granting electoral college votes to national popular vote winner heads to governor's desk," June v, 2019
15. ↑ The Hill, "Nevada Democratic governor vetoes national popular vote bill," May xxx, 2019
16. ↑ Nevada State Legislature, "AB 186," accessed Apr 17, 2019
17. ↑ Elko Daily Fress Printing, "Nevada Assembly passes national popular vote bill," April 17, 2019
18. ↑ The Hill, "Nevada Senate passes beak that would requite Balloter College votes to winner of national popular vote," May 22, 2019
19. ↑ New Mexico Legislature, "House Pecker 55," accessed April 17, 2019
20. ↑ Colorado State Legislature, "SB19-042," accessed April 17, 2019
21. ↑ Colorado Public Radio, "Colorado Joins National Popular Vote Movement With Gov. Jared Polis' Signature," March fifteen, 2019
22. ↑ Roll Telephone call, "Colorado joins endeavour to elect presidents by pop vote, go effectually Electoral College," March xviii, 2019

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Source: https://ballotpedia.org/National_Popular_Vote_Interstate_Compact

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