National Popular Vote Interstate Compact
The National Popular Vote Interstate Compact (NPVIC) is an agreement among a group of U.S. states and the District of Columbia to award all their electoral votes to whichever presidential candidate wins the overall popular vote in the 50 states and the District of Columbia. The compact is designed to ensure that the candidate who receives the most votes nationwide is elected president, and it would come into effect only when it would guarantee that outcome. As of April 2019[update], it has been adopted by fourteen states and the District of Columbia. Together, they have 189 electoral votes, which is 35.1% of the Electoral College and 70.0% of the 270 votes needed to give the compact legal force.
Status as of April 2019[update]:
|Effective||Not in effect|
|Condition||Adoption by states (including the District of Columbia) whose collective electoral votes represent a majority in the Electoral College. Note: The agreement would be in effect only among the assenting political entities.|
|Agreement Among the States to Elect the President by National Popular Vote at Wikisource|
Proposed in the form of an interstate compact, the agreement would go into effect among the participating states in the compact only after they collectively represent an absolute majority of votes (currently at least 270) in the Electoral College. In the next presidential election after adoption by the requisite number of states, the participating states would award all of their electoral votes to the candidate with the largest national popular vote total in 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 law and prohibits racial discrimination, would be prohibited). 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). Maine and Nebraska currently award one electoral vote to the majority winner in each congressional district, and their remaining two electoral votes to the state-wide winner.
Reasons behind the compact include:
- State winner-take-all laws (allowed under current Electoral College rules) allow a candidate to win the Presidency while losing the popular vote, as happened in the elections of 1824, 1876, 1888, 2000, and 2016. (The 1960 election is also a disputed example). In the 2000 election, for instance, Al Gore won 543,895 more votes nationally than George W. Bush, but Bush secured 5 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.
- State winner-take-all laws encourage candidates to focus disproportionately on a limited set of swing states (and in the case of Maine and Nebraska, swing districts), as small changes in the popular vote in those areas produce large changes in the electoral college vote. 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 4 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. This means that swing state issues receive more attention, while issues important to other states are largely ignored.
- 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 Committee for the Study of the American Electorate found that 2004 voter turnout in competitive swing states grew by 6.3% from the previous presidential election, compared to an increase of only 3.8% in noncompetitive states. 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 – a 17% gap.
The project has been supported by editorials in newspapers, including The New York Times, the Chicago Sun-Times, the Los Angeles Times, The Boston Globe, and the Minneapolis Star Tribune, 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. An article by Pete du Pont, a former Governor of Delaware, in the opinion section of The Wall Street Journal has 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. A collection of readings pro and con has been assembled by the League of Women Voters.
Some of the major points of debate are detailed below:
|Spending on advertising per capita:
Campaign visits per 1 million residents:
Under the current system, campaign focus – in terms of spending, visits, and attention paid 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. Critics of the compact argue that candidates would have less incentive to focus on states with smaller populations or fewer urban areas, and would thus be less motivated to address rural issues.
Disputed results and electoral fraudEdit
Opponents of the compact have raised concerns about the handling of close or disputed outcomes. National Popular Vote contends that the election being decided on the basis of 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, it is possible for the national popular vote to 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. Under the NPVIC, each state will continue to handle disputes and statewide recounts as governed by their own laws. The NPVIC does not include any provsion for a nationwide recount, though Congress has the authority to create such a provision.
Pete du Pont argues that, in 2000, "Mr. Gore's 540,000-vote margin 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 contends that electoral fraud affecting the outcome would be more difficult to achieve under a national popular vote than under the current system, because of the greater number of votes that would likely need to be shifted – under the current system, a close election may be determined by the outcome in just one "tipping point" state, the margin of which is likely to be far smaller than the nationwide margin. This is due to the smaller pool of voters at the state level, and the fact that several states may have close results.
State power relative to populationEdit
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. This is because each state's electoral votes are equal to the sum of its seats in both houses of Congress: the proportional allocation of House seats has been distorted by the fixed size of the House since 1929 and the requirement that each state have at least one representative, and Senate seats are not proportional to population at all.
In the most populous state, California, this results in an electoral clout 16% smaller than a purely proportional allocation would produce, whereas the least-populous states, with three electors, hold a voting power 143% greater than they would under purely proportional allocation. 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 potential of populous states to shift greater numbers of electoral votes gives them more clout than would otherwise be expected.
Negation of state-level majoritiesEdit
Two governors who have vetoed NPVIC legislation, Arnold Schwarzenegger of California and Linda Lingle of Hawaii, both in 2007, 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. (Both states 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 any state, votes cast contribute to the nationwide tally, which determines the winner. The preferences of individual voters are thus paramount, while state-level majorities are an obsolete intermediary measure.
Suggested partisan advantageEdit
Some supporters and opponents of the NPVIC have pointed to what they perceive as a partisan advantage of the compact 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.
New Yorker essayist Hendrik Hertzberg maintains that the compact would benefit neither party, noting that historically both Republicans and Democrats have been successful in winning the popular vote in presidential elections. A statistical analysis by FiveThirtyEight's Nate Silver of all presidential elections from 1964 to 2016 reached the same conclusion, 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." In the last five presidential elections, simulations of close results with the electoral vote system have favored Democrats in three (2004, 2008, 2012) and favored Republicans in two (2000, 2016).[note 1] In those same five presidential elections, Democrats won the popular vote in four.
Supporters believe the compact is legal under Article II of the U.S. Constitution, which establishes the plenary power of the states to appoint their electors in any manner they see fit: "Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress". Proponents of this position include law professor Jamie Raskin (now Democratic U.S. Congressman for Maryland's 8th congressional district), who, as a state legislator, co-sponsored the first NPVIC bill to be signed into law, and law professors Akhil Reed Amar and Vikram Amar, who were the compact's original proponents.
A 2008 assessment by law school student David Gringer suggested that the NPVIC could potentially violate the Voting Rights Act of 1965, but the U.S. Department of Justice in 2012 precleared California's entry into the compact under Section 5 of the Act, concluding that the compact had no adverse impact on California's racial minority voters. FairVote's Rob Richie says that the NPVIC "treats all voters equally".
Gringer also assailed the NPVIC as "an end-run around the constitutional amendment process". Raskin has responded: "the term 'end run' has no known constitutional or legal meaning. More to the point, to the extent that we follow its meaning in real usage, the 'end run' is a perfectly lawful play." Raskin argues that the adoption of the term "end run" by the compact's opponents is a tacit acknowledgment of the plan's legality.
Robert Natelson, a senior fellow at the libertarian Independence Institute in constitutional jurisprudence and member of the conservative American Legislative Exchange Council's board of scholars, has argued that the compact is unconstitutional because it violates the purpose of the electoral college, which Natelson argues was to have electors act as agents for their states rather than as agents for other U.S. states (or for someone else). Natelson argues that this compact would be unconstitutional for the same reason that U.S. states would not be allowed to hold an auction and sell their electoral votes to the highest bidder – specifically that this would violate public trust.
Ian J. Drake, an associate professor of political science and law at Montclair State University and another critic of the compact, has argued that the Constitution both requires and prohibits congressional approval of the compact. In Drake's view, only a constitutional amendment could make the compact valid. Authors Michael Brody, Jennifer Hendricks and Bradley Turflinger have examined the compact and concluded that the NPVIC, if successfully enacted, would pass constitutional muster. Brody has put forth a unique theory that the legality of the NPVIC could potentially hinge on the notion that faithless electors are not necessarily obligated to vote for the candidate to whom they are pledged.
It is possible that Congress would have to approve the NPVIC before it could go into effect. Article I, Section 10 of the U.S. Constitution states that: "No State shall, without the Consent of Congress ... enter into any Agreement or Compact with another State, or with a foreign Power." However, the U.S. Supreme Court has ruled in Virginia v. Tennessee, 148 U.S. 503 (1893), and in several more recent cases, that such consent is not necessary except where a compact encroaches on federal supremacy. Every Vote Equal argues that the compact could never encroach upon federal power since the Constitution explicitly gives the power of casting electoral votes to the states, not the federal government. Derek Muller argues that the NPVIC would nonetheless affect the federal system in such a way that it would require congressional approval, while Ian Drake argues that Congress is actually prohibited under the Constitution from granting approval to the NPVIC. NPVIC supporters dispute this conclusion and state they plan to seek congressional approval if the compact is approved by a sufficient number of states.
Public support for Electoral College reformEdit
Public opinion surveys suggest that a majority of Americans support the idea of a popular vote for President. Gallup polls dating back to 1944 have shown a consistent majority of the public supporting a direct vote. A 2007 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. At least one poll immediately following the 2016 election (in which the Republican candidate won the Electoral College despite losing the popular vote) saw Republican support for Electoral College reform drop significantly, from 54% to 19%, which Gallup attributed to partisan response to the 2016 result.
Proposals to abolish the Electoral College by amendmentEdit
Several proposals to abolish the Electoral College by constitutional amendment have been introduced in Congress over the decades. These efforts have, however, been hampered by the fact that a two-thirds vote in both the House and Senate are required to send an amendment to the states, where ratification by three-fourths of the State legislatures or by conventions in three fourths of the states is required for it to become operative.
The amendment which came closest to success was the Bayh–Celler proposal during the 91st Congress (January 1969 – January 1971). Introduced by Representative Emanuel Celler of New York as House Joint Resolution 681, it would have replaced the Electoral College with a simpler plurality system based on the national popular vote. Under this system, the pair of candidates who had received the highest number of votes would win the presidency and vice presidency, providing they won at least 40% of the national popular vote. If no pair received 40% of the popular vote, a runoff election would be held, in which the choice of president and vice president would be made from the two pairs of persons who had received the highest numbers of votes in the first election. The word "pair" was defined as "two persons who shall have consented to the joining of their names as candidates for the offices of President and Vice President". Celler's proposed constitutional amendment passed in the House of Representatives by a 338–70 vote in 1969, but was filibustered in the Senate, where it died.
Every Vote Counts AmendmentEdit
A joint resolution to amend the Constitution, providing for the popular election of the president and vice president under a new electoral system was introduced in 2005 by Representative Gene Green of Texas. In 2009, at the start of the 111th Congress, Green introduced H.J.Res. 9, commonly known as the Every Vote Counts Amendment. Two other joint resolutions were proposed in the 111th Congress to amend the Constitution to establish a national popular vote for the president and vice-president. Sponsored by Congressman Jesse Jackson, Jr. of Illinois, H.J.Res. 36 would require a majority vote for president. Sponsored by Senator Bill Nelson of Florida, S.J.Res. 4 would leave the method of election to an Act of Congress. Each of these measures died in committee.
Interstate compact planEdit
In 2001, Northwestern University law professor Robert Bennett suggested a plan in an academic publication to implement a National Popular Vote through a mechanism that would embrace state legislatures' power to appoint electors, rather than resist that power. By coordinating, states constituting a majority of the Electoral College could effectively implement a popular vote.
Law professors (and brothers) Akhil Reed Amar and Vikram Amar defended the constitutionality of such a plan. They proposed that a group of states, through legislation, form a compact wherein they agree to give all of their electoral votes to the national popular vote winner, regardless of the balance of votes in their own state. These state laws would only be triggered once the compact included enough states to control a majority of the electoral college (270 votes), thus guaranteeing that the national popular vote winner would also win the electoral college.
The academic plan uses two constitutional features:
- Presidential Electors Clause, Article 2, section 1, clause 2, which gives each state the power to determine the manner in which its electors are selected.
- Compact Clause, Article I, section 10, clause 3, under which it creates an enforceable compact.
The Amar brothers noted that such a plan could be enacted by the passage of laws in as few as eleven states and would probably not require congressional approval, though this is not certain (see § Congressional approval above).
Organization and advocacyEdit
In 2006, John Koza, a computer science professor at Stanford, was the lead author of Every Vote Equal, a book that makes a detailed case for his plan for an interstate compact to establish National Popular Vote. (Koza had previously had exposure to interstate compacts from his work with state lottery commissions after inventing the scratch-off lottery ticket.) That year, Koza, Barry Fadem and others formed National Popular Vote, a non-profit group to promote the legislation. The group has a transpartisan advisory committee including former US Senators Jake Garn, Birch Bayh, and David Durenberger, and former Representatives John Anderson, John Buchanan, and Tom Campbell.
By the time of the group's opening news conference in February 2006, the proposed interstate compact had been introduced in the Illinois legislature. With backing from National Popular Vote, the NPVIC legislation was introduced in five additional state legislatures in the 2006 session. It passed in the Colorado Senate and in both houses of the California legislature before being vetoed by Governor Arnold Schwarzenegger.
In 2007, NPVIC legislation was introduced in 42 states. It was passed by at least one legislative chamber in Arkansas, 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.
NPVIC legislation has been introduced in all 50 states. As of April 2019[update], the NPVIC has been adopted by fourteen states and the District of Columbia. Together, they have 189 electoral votes, which is 35.1% of the Electoral College and 70.0% of the 270 votes needed to give the compact legal force.
States where only one chamber has passed the legislation are Arizona, Arkansas, Maine, Michigan, Nevada, North Carolina, Oklahoma, and Oregon. Bills seeking to repeal the compact in Maryland, New Jersey, and Washington have failed.
|No.||Jurisdiction||Date adopted||Method of adoption||Current|
|1||Maryland||Apr 10, 2007||Signed by Gov. Martin O'Malley||10|
|2||New Jersey||Jan 13, 2008||Signed by Gov. Jon Corzine||14|
|3||Illinois||Apr 7, 2008||Signed by Gov. Rod Blagojevich||20|
|4||Hawaii||May 1, 2008||Legislature overrode veto of Gov. Linda Lingle||4|
|5||Washington||Apr 28, 2009||Signed by Gov. Christine Gregoire||12|
|6||Massachusetts||Aug 4, 2010||Signed by Gov. Deval Patrick||11|
|7||D.C.||Dec 7, 2010||Signed by Mayor Adrian Fenty[note 2]||3|
|8||Vermont||Apr 22, 2011||Signed by Gov. Peter Shumlin||3|
|9||California||Aug 8, 2011||Signed by Gov. Jerry Brown||55|
|10||Rhode Island||Jul 12, 2013||Signed by Gov. Lincoln Chafee||4|
|11||New York||Apr 15, 2014||Signed by Gov. Andrew Cuomo||29|
|12||Connecticut||May 24, 2018||Signed by Gov. Dannel Malloy||7|
|13||Colorado||Mar 15, 2019||Signed by Gov. Jared Polis||9|
|14||Delaware||Mar 28, 2019||Signed by Gov. John Carney||3|
|15||New Mexico||Apr 3, 2019||Signed by Gov. Michelle Lujan Grisham||5|
|Percentage of the 270 EVs needed||70.0%|
Initiatives and referendumsEdit
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. 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. In Missouri, an initiative did not collect the required number of signatures before the deadline of May 6, 2018.
Psephologist 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, the compact could not succeed without adoption by some red states as well. Republican-led chambers have adopted the measure in New York (2011), 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.
On March 15, 2019, Colorado became the first "purple" state to join the compact, though no Republican legislators supported the bill.
Bills in current sessionEdit
The table below lists all state bills to join the NPVIC introduced or otherwise filed in a state's current or most recent legislative session. This includes all bills that are law, pending or have failed. The "EVs" column indicates the number of electoral votes each state has.
|State||EVs||Session||Bill||Lower house||Upper house||Executive||Status|
|Colorado||9||2019||SB 19-042||Passed 34–29||Passed 19–16||Signed||Law|
|Delaware||3||2019||SB 22||Passed 24–17||Passed 14–7||Signed||Law|
|Florida||29||2019||SB 1048||—||In committee||—||Pending|
|HB 949||In committee||—|
|Georgia||16||2019–20||SB 42||—||In committee||—||Pending|
|Idaho||4||2019||H 47||Died in committee||—||—||Failed|
|Indiana||11||2019||SB 212||—||In committee||—||Pending|
|Kansas||6||2019–20||SB 115||—||In committee||—||Pending|
|Maine||4||2019–20||LD 418||Died in committee||Died in committee||—||Pending|
|LD 816||Through committee[a]||Through committee[a]|
|Minnesota||10||2019–20||SF 34||—||In committee||—||Pending|
|SF 189||—||In committee|
|HF 1603||In committee||—|
|HF 1941||In committee||—|
|HF 2117||In committee||—|
|Mississippi||6||2019||HB 450||Died in committee||—||—||Failed|
|Nevada||6||2019||AB 186||Passed 23–17||In committee[b]||—||Pending|
|New Hampshire||4||2019–20||HB 541||In committee||—||—||Pending|
|New Mexico||5||2019||HB 55||Passed 41–27||Passed 25–16||Signed||Law|
|North Carolina||15||2019–20||SB 104||—||In committee||—||Pending|
|Ohio||18||2019–20||HB 70||In committee||—||—||Pending|
|Oregon||7||2019||HB 2704||In committee||—||—||Pending|
|HB 2578||In committee||—|
|SB 870||In committee||Passed 17–12|
|South Carolina||9||2019–20||H 3209||In committee||—||—||Pending|
|H 4277||In committee||—|
|Virginia||13||2019||HB 2422||Died in committee||—||—||Failed|
Bills receiving floor votes in previous sessionsEdit
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. The "EVs" column indicates the number of electoral votes the state had at the time the bill was introduced. This number may have changed since then due to reapportionment after the 2010 Census.
|State||EVs||Session||Bill||Lower house||Upper house||Executive||Outcome|
|Arizona||11||2016||HB 2456||Passed 40–16||Died in committee||—||Failed|
|Arkansas||6||2007||HB 1703||Passed 52–41||Died in committee||—||Failed|
|2009||HB 1339||Passed 56–43||Died in committee||—||Failed|
|California||55||2005–06||AB 2948||Passed 48–30||Passed 23–14||Vetoed||Failed|
|2007–08||SB 37||Passed 45–30||Passed 21–16||Vetoed||Failed|
|2011–12||AB 459||Passed 52–15||Passed 23–15||Signed||Law|
|Colorado||9||2006||SB 06-223||Indefinitely postponed||Passed 20–15||—||Failed|
|2007||SB 07-046||Indefinitely postponed||Passed 19–15||—||Failed|
|2009||HB 1299||Passed 34–29||Not voted||—||Failed|
|Connecticut||7||2009||HB 6437||Passed 76–69||Not voted||—||Failed|
|2018||HB 5421||Passed 77–73||Passed 21–14||Signed||Law|
|District of Columbia||3||2009–10||B18-0769||Passed 11–0||Signed||Law|
|Delaware||3||2009–10||HB 198||Passed 23–11||Not voted||—||Failed|
|2011–12||HB 55||Passed 21–19||Died in committee||—||Failed|
|Hawaii||4||2007||SB 1956||Passed 35–12||Passed 19–4||Vetoed||Failed|
|Override not voted||Overrode 20–5|
|2008||HB 3013||Passed 36–9||Died in committee||—||Failed|
|SB 2898||Passed 39–8||Passed 20–4||Vetoed||Law|
|Overrode 36–3||Overrode 20–4|
|Illinois||21||2007–08||HB 858||Passed 65–50||Died in committee||—||Failed|
|HB 1685||Passed 64–50||Passed 37–22||Signed||Law|
|Louisiana||8||2012||HB 1095||Failed 29–64||—||—||Failed|
|Maine||4||2007–08||LD 1744||Indefinitely postponed||Passed 18–17||—||Failed|
|2013–14||LD 511||Failed 60–85||Failed 17–17||—||Failed|
|2017–18||LD 156||Failed 66–73||Failed 14–21||—||Failed|
|Maryland||10||2007||HB 148||Passed 85–54||Passed 29–17||Signed||Law|
|SB 634||Passed 84–54||Passed 29–17|
|Massachusetts||12||2007–08||H 4952||Passed 116–37||Passed||—||Failed|
|Enacted||Enactment not voted|
|2009–10||H 4156||Passed 114–35||Passed 28–10||Signed||Law|
|Enacted 116–34||Enacted 28–9|
|Michigan||17||2007–08||HB 6610||Passed 65–36||Died in committee||—||Failed|
|Minnesota||10||2013–14||HF 799||Failed 62–71||—||—||Failed|
|Montana||3||2007||SB 290||—||Failed 20–30||—||Failed|
|Nevada||5||2009||AB 413||Passed 27–14||Died in committee||—||Failed|
|New Hampshire||4||2017–18||HB 447||Failed 132–234||—||—||Failed|
|New Jersey||15||2006–07||A 4225||Passed 43–32||Passed 22–13||Signed||Law|
|New Mexico||5||2009||HB 383||Passed 41–27||Died in committee||—||Failed|
|2017||SB 42||Died in committee||Passed 26–16||—||Failed|
|New York||31||2009–10||S02286||Not voted||Passed||—||Failed|
|2013–14||A04422||Passed 100–40||Died in committee||—||Failed|
|S03149||Passed 102–33||Passed 57–4||Signed||Law|
|North Carolina||15||2007–08||S954||Died in committee||Passed 30–18||—||Failed|
|North Dakota||3||2007||HB 1336||Failed 31–60||—||—||Failed|
|Oklahoma||7||2013–14||SB 906||Died in committee||Passed 28–18||—||Failed|
|Oregon||7||2009||HB 2588||Passed 39–19||Died in committee||—||Failed|
|2013||HB 3077||Passed 38–21||Died in committee||—||Failed|
|2015||HB 3475||Passed 37–21||Died in committee||—||Failed|
|2017||HB 2927||Passed 34–23||Died in committee||—||Failed|
|Rhode Island||4||2008||H 7707||Passed 36–34||Passed||Vetoed||Failed|
|S 2112||Passed 34–28||Passed||Vetoed||Failed|
|2009||H 5569||Failed 28–45||—||—||Failed|
|S 161||Died in committee||Passed||—||Failed|
|2011||S 164||Died in committee||Passed||—||Failed|
|2013||H 5575||Passed 41–31||Passed 32–5||Signed||Law|
|S 346||Passed 48–21||Passed 32–4|
|Vermont||3||2007–08||S 270||Passed||Passed 22–6||Vetoed||Failed|
|2009–10||S 34||Died in committee||Passed 15–10||—||Failed|
|2011–12||S 31||Passed 85–44||Passed 20–10||Signed||Law|
|Washington||11||2007–08||SB 5628||Died in committee||Passed 30–18||—||Failed|
|2009–10||SB 5599||Passed 52–42||Passed 28–21||Signed||Law|
- In 2012, the tipping point state – which put the winner over 270 electoral votes – was Colorado, which voted Democratic by 5.4% (opposed to a 3.7% national margin), a 1.7% Democratic advantage. In 2008, the tipping point state was also Colorado, which voted Democratic by 8.9%, compared to a 7.2% national margin – a 1.7% Democratic advantage. In 2004, the tipping point state was Ohio, which voted Republican by 2.1%, compared to a national margin of 2.4% – a 0.3% Democratic advantage. In 2000, the tipping point state was (famously) Florida, which was effectively tied, while the nation voted Democratic by a 0.5% margin – a 0.5% Republican advantage.
- Neither chamber of the U.S. Congress objected to the passage of DC's bill during the mandatory review period of 30 legislative days following passage, thus allowing the District's action to proceed.
- Progress in the States, National Popular Vote.
- "National Popular Vote". National Conference of State Legislatures. NCSL. March 11, 2015. Retrieved November 9, 2015.
- Brody, Michael (February 17, 2013). "Circumventing the Electoral College: Why the National Popular Vote Interstate Compact Survives Constitutional Scrutiny Under the Compact Clause". Legislation and Policy Brief. Washington College of Law Journals & Law Reviews at Digital Commons @ American University Washington College of Law. 5 (1): 33, 35. Retrieved September 11, 2014.
- McPherson v. Blacker 146 U.S. 1 (1892)
- "national-1789-present - United States Elections Project". ElectProject.org.
- "U. S. Electoral College: Frequently Asked Questions". Archives.gov. Retrieved December 20, 2017.
- Sean Trende (October 19, 2012). "Did JFK Lose the Popular Vote?". RealClearPolitics.
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- National Popular Vote
- Agreement Among the States to Elect the President by Nationwide Popular Vote – text of the interstate compact
- Every Vote Equal: A State-Based Plan for Electing the President by National Popular Vote – read or download book for free
- Common Cause
- Electoral College legislation at the National Conference of State Legislatures