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Democratic Trifectas Create Viable Path to National Popular Vote by 2028

A mix of state laws, possible congressional approval or court rulings will decide whether the compact can bind electors in time for the 2028 election.

Overview

  • Democrats won unified control of governors’ offices and both legislative chambers in several battleground states after the 2026 midterms, clearing a legislative route to add those states to the National Popular Vote Interstate Compact.
  • The compact already includes 18 states plus Washington, D.C., representing 222 electoral votes and would activate once member states total at least 270 electoral votes.
  • National Popular Vote organizers say they have sponsors lined up and plan to file joining bills in the five potential addition states, but no new states have yet enacted joining legislation.
  • Legal experts and conservative commentators warn the compact could face immediate courtroom challenges under the Constitution’s Compact Clause, and Congress may be asked to approve the agreement before it can take effect.
  • If the compact reaches 270 and survives legal and political hurdles, participating states would award their electors to the national popular-vote winner, shifting campaign incentives away from a small set of swing states and changing how votes are counted and certified.