Virginia Signs National Popular Vote Bill, Joining Interstate Compact with 17 Other States and DC
In a significant move toward reforming the US presidential election system, Virginia Governor Abigail Spanberger has signed the National Popular Vote Interstate Compact into law. This action brings the total number of electoral votes under the compact to 222, edging the nation closer to the 270-vote threshold required for the agreement to take effect. The compact aims to ensure that the winner of the national popular vote secures the presidency, regardless of state-by-state electoral outcomes.
How the National Popular Vote Interstate Compact Works
Under the National Popular Vote Interstate Compact, participating states pledge to assign their presidential electors to the candidate who wins the nationwide popular vote, rather than the candidate who prevails within their own borders. The compact becomes operational once states representing a majority of the 538 electoral votes—specifically 270—enact the legislation. With Virginia's addition, the compact now includes 18 states and the District of Columbia, all of which currently have Democratic electoral majorities, such as California, New York, and Illinois.
However, legislation has been introduced in several other states, including key swing states like Arizona, Michigan, Nevada, New Hampshire, Pennsylvania, and Wisconsin. If passed in these jurisdictions, it could push the compact over the 270-elector threshold, fundamentally altering how presidential elections are decided in the United States.
Constitutional Provisions and Legal Scrutiny
The legislation relies on two key provisions of the US Constitution, which are likely to face intense legal challenges if the compact is activated. First, Article II, Section 1 authorizes each state to appoint electors "in such manner as the legislature thereof may direct," granting states broad discretion over their electoral processes. Second, Article I, Section 10, Clause 3 governs interstate compacts, requiring congressional approval for agreements that infringe on federal power. Supporters argue that delegating electors is a state power, not a federal one, potentially bypassing the need for congressional assent.
Public Opinion and Historical Context
A 2024 Pew Research Center poll indicates that 63% of Americans favor replacing the Electoral College with a national popular vote, while 35% oppose such a change. This sentiment is bolstered by historical instances where presidents lost the popular vote but won the White House through the Electoral College, such as George W. Bush in 2000 and Donald Trump in 2016. Stand Up America, an advocacy group, notes that 10 other presidential elections in US history were near misses, where small vote shifts in a few states could have tipped the Electoral College against the popular vote winner.
John Koza, chairman of National Popular Vote, emphasized the ongoing effort: "We'll continue our state-by-state work until the candidate who wins the most popular votes is elected president and every voter is treated equally in every presidential election." Similarly, Christina Harvey, executive director of Stand Up America, stated, "The presidency should be won by the candidate who receives the most votes nationwide—not just the right combination of battleground states. This brings us one step closer to a system where Americans' votes for president and vice-president count equally, no matter where they live."
The compact's progress highlights a growing movement to align presidential elections more directly with the will of the American people, though legal and political hurdles remain before it can be implemented.
