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Midterm Victories Put National Popular-Vote Compact Within Reach

If newly Democratic state legislatures pass joining bills and governors sign them the compact would activate and could prompt major constitutional litigation.

Overview

  • Democrats won control of the governorships and both legislative chambers in Arizona, Michigan, Nevada, Pennsylvania and Wisconsin in the Nov. 3 midterms, creating a clear legislative path to expand the compact.
  • The National Popular Vote Interstate Compact currently includes 18 states and Washington, D.C., accounting for 222 electoral votes, and needs states totaling 270 votes to take effect.
  • If those five states sign on their combined 61 electoral votes would push the compact past the 270 threshold, but each state must pass its own law and secure the governor’s signature before the change could occur.
  • Nevada Gov.-elect Aaron Ford said on Nov. 13 that he would sign a bill to join the compact and described the Electoral College as rooted in racist underpinnings, but past Nevada experience shows a Democratic trifecta does not guarantee enactment.
  • Supporters point to a recent poll showing a slim majority favor a popular-vote model while opponents and legal scholars warn the compact could trigger challenges under the Constitution’s Compact Clause and other provisions that could lead to Supreme Court review.