The National Popular Vote (NPV) Initiative

Book excerpt: The National Popular Vote (NPV) initiative proposes an agreement among the states, an interstate compact that would effectively achieve direct popular election of the President and Vice President without a constitutional amendment. It relies on the Constitution's grant of authority to the states in Article II, Section 1 to appoint presidential electors "in such Manner as the Legislature thereof may direct.... " Any state that joins the NPV compact pledges that if the compact comes into effect, its legislature will award all the state's electoral votes to the presidential ticket that wins the most popular votes nationwide, regardless of who wins in that particular state. The compact would, however, come into effect only if its success has been assured; that is, only if states controlling a majority of electoral votes (270 or more) join the compact. At present, 15 states and the District of Columbia, jointly accounting for 196 electoral votes, have joined the compact. Adoption of the compact in the states has been uneven: after approval by 8 states and the District of Columbia between 2007 and 2011, the pace slowed, but since 2018, the compact has regained momentum as 5 additional states with 31 electoral votes joined. As of October 2019, NPV legislation was pending in 2 states with a total of 25 electoral votes where the legislature was in session. In 5 other states with 45 votes, NPV remained "live" and eligible to be "carried over" for consideration when their legislatures reconvene for their 2020 session. Opposition has emerged in some states.