National Popular Vote Interstate Compact

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Status as of June 2014
Cartogram NPVIC Current Status.svg

Enacted into law (165 Electoral votes, 30.7%)
Pending in current legislative session (36 EVs, 6.7%)
Not enacted and no bill pending (337 EVs, 62.6%)[1]

Each square in the lower cartogram
represents one electoral vote.

The National Popular Vote Interstate Compact (NPVIC) is an agreement among various U.S. states and the District of Columbia to replace their current rules regarding the apportionment of presidential electors with rules guaranteeing the election of the candidate with the most popular votes in all fifty states and the District of Columbia. Coming in the form of an interstate compact, the agreement goes into effect once law in states that together have an absolute majority of votes (at least 270) in the Electoral College. In the next presidential election, those states would award all their electoral votes to the national popular vote winner, who would become President by winning a majority of votes in the Electoral College. Until the compact's conditions are met, all states will award electoral votes in their current manner.

As of April 2014, the compact had been joined by ten states and the District of Columbia (see map). Their 165 combined electoral votes amount to 30.7% of the Electoral College, and 61.1% of the 270 votes needed for the compact to go into effect.

The compact is based on Article II, Section 1 of the U.S. Constitution, which gives each state legislature the right to decide how to appoint its own electors. 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 candidate with the most votes statewide.

Details of the compact law[edit]

States join the compact by adopting it as a state law. The compact law[2] requires that:

  • The member state shall hold presidential elections by statewide popular vote.
  • After the election, the state's chief election official (usually the state Secretary of State) shall certify the number of popular votes cast in the state for each candidate and report those results to the other states by a specific deadline.
  • The chief election official shall then determine "national popular vote totals" for each candidate by adding up the vote totals reported by every state (including states that have not adopted the compact) and the District of Columbia. (Under current federal law, each state is required to make official reports of vote totals to the federal government in the form of Certificates of Ascertainment.)[3]
  • The state's electoral votes shall be awarded to the candidate with the greatest "national popular vote total" (a plurality).

The compact specifies that it shall take effect only if it is law in states controlling a majority of electoral votes on July 20 of a presidential election year. States wishing to join or withdraw from the compact after that date would not be able to do so until after January 20 of the following year.

Currently active bills[edit]

State EVs Session Bill(s) Lower house Upper house Executive Status
Flag of Michigan.svg Michigan 16 2013–14 S291 in committee[4] pending
Flag of Pennsylvania.svg Pennsylvania 20 2013–14 HB 1182 in committee[5] pending

Motivation behind the compact[edit]

Public opinion surveys suggest that a majority of Americans support the idea of a popular vote for President. 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.[6] Polls dating back to 1944 have shown a consistent majority of the public supporting a direct vote.[7] Reasons behind the compact include:

  • The Electoral College allows a candidate to win the Presidency while losing the popular vote, as happened in the elections of 1824, 1876, 1888 and 2000. The fundamental democratic principle of "One man, one vote" was violated in those cases. In the 2000 election, the outcome was decided by 528 votes in Florida.
  • The Electoral College system effectively forces candidates to focus disproportionately on a small percentage of pivotal swing states, while sidelining the rest. 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.[8] This means that swing state issues receive more attention, while issues important to other states are largely ignored.[9][10][11]
  • The Electoral College system tends 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.[9][11] 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.[12] 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 10 closest battleground states and only 47.6% in the rest of the country—a 17% gap.[13]

Debate[edit]

See also: Criticism of the Electoral College

The project has been supported by editorials in many newspapers, including the New York Times,[9] the Chicago Sun-Times, the Los Angeles Times,[14] the Boston Globe,[15] and the Minneapolis Star Tribune,[16] 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.[17] An article by Pierre S. du Pont, IV, a former governor of Delaware, in the opinion section of the Wall Street Journal[18] 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.[19]

Some of the major points of debate are detailed below:

Campaign focus[edit]

Advertising spending and campaign visits by both major-party candidates during the final stretch of the 2004 presidential campaign (Sept. 26 – Nov. 2, 2004)[20]

Spending on advertising per capita:
< $0.50
$0.50–$1.00
$1.00–$2.00
$2.00–$4.00
> $4.00

Campaign visits per 1 million residents:
No visits
0–1.0
1.0–3.0
3.0–9.0
> 9.0

Supporters of the compact argue that 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 maps to the right 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.[21] 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 unmotivated to address rural issues.[18][22]

Close elections and election fraud[edit]

Opponents of the compact have raised concerns about election fraud. In his article, 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 has argued that a direct election would in fact reduce the likelihood of a close election and decrease the feasibility of fraud. They contend that the large pool of 122 million votes spread across the country would make a close or fraudulent outcome much less likely than under the current system, in which the national winner may be determined by an extremely small vote margin in any one of the fifty-one statewide tallies.[18][22]

The NPVIC does not include any provision for a nationwide recount in the event that the vote tally is in dispute. While each state has established rules governing recounts in the event of a close or disputed statewide tally,[23] it is possible for the national vote to be close without there being a close result in any one state. Proponents of the compact argue that the need for a recount would be less likely under a national popular vote than under the current electoral system.[24]

Populous states versus low-population states[edit]

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, because each state's number of electors is greater by two than its (proportionally allocated) number of Congressional representatives.[17][25] 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 proposed compact 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 actual clout.[26][27][28]

Possible partisan advantage[edit]

Some supporters and opponents of the NPVIC have based their position at least in part on a perceived partisan advantage of the compact. Governor Du Pont, a Republican, has argued that the compact would be an "urban power grab" and benefit Democrats.[18] However, Saul Anuzis of the Republican National Committee wrote that Republicans "need" the compact, citing what he believes to be the center-right nature of the American electorate.[29] 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.[30] In the last four elections, Democrats enjoyed an advantage from the electoral vote system in three elections (2012, 2008, and 2004), whereas in 2000 the electoral system provided the Republicans with an advantage.[31][32]

Irrelevance of state-level majorities[edit]

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, to consider state-level majorities is to miss the point of the compact; 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.[33][34][35]

Legality[edit]

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 professors Jamie Raskin, who co-sponsored the first NPVIC bill to be signed into law, and Akhil Reed Amar and Vikram Amar, who were the compact's original proponents.[36] The Supreme Court affirmed this position as recently as 2000, in Bush v. Gore.[37]

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.[38][39] The DOJ's decision is consistent with the argument of FairVote's Rob Richie that the NPVIC "treats all voters equally."[40]

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."[41] Raskin argues that the adoption of the term "end run" by the compact's opponents is a tacit acknowledgment of the plan's legality.

Ian Drake, an assistant professor of Political Science 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.[42] Authors Michael Brody,[43] Jennifer Hendricks,[44] and Bradley Turflinger[45] have examined the compact and concluded that the NPVIC, if successfully enacted, would pass constitutional muster.

It is possible that Congress would have to approve the NPVIC before it could go into effect. Article I, Section 10 of the US 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.[46] 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,[47] while Ian Drake argues that Congress is actually prohibited under the Constitution from granting approval to the NPVIC.[42] NPVIC supporters dispute this conclusion and state they plan to seek congressional approval if the compact is approved by a sufficient number of states.[48]

History[edit]

The idea of abolishing the Electoral College by constitutional amendment has existed for some time (see Every Vote Counts Amendment). Though voting rights and electoral rules have been modified by constitutional amendment in the past, such amendments are difficult to pass because they require supermajorities in the House and Senate together with the support of three-fourths of the state legislatures.

Academic plan[edit]

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.[49] 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.[50] 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 in 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 Debate above).

Organization and advocacy[edit]

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.[51] (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.

Adoption[edit]

History of state participation in the NPVIC as of May 2014

In 2007, NPVIC legislation was introduced in 42 states. It was passed by legislative chambers in Arkansas,[52] California,[53] Colorado,[54] Illinois,[55] New Jersey[56] North Carolina,[57] Maryland, and Hawaii.[58] In California and Hawaii, it was prevented from becoming law by the respective governors. Maryland became the first state to join the compact when Governor Martin O'Malley signed it into law on April 10, 2007.[59]

New Jersey became the second state to enter the compact when Governor Jon S. Corzine signed the bill on January 13, 2008.[60] Illinois became the third state to join when Governor Rod Blagojevich signed it into law on April 7, 2008[55] and Hawaii became the fourth on May 1, 2008, after the legislature overrode a second veto from the governor.[61] Washington became the fifth state to join when Governor Christine Gregoire signed it into law on April 28, 2009.[62] Massachusetts became the sixth state to join when Governor Deval Patrick signed it into law on August 4, 2010.[63] The District of Columbia entered into the compact when the bill was signed by Mayor Adrian Fenty on October 12, 2010. (Neither chamber of Congress objected to the passage of the bill during the mandatory review period of 30 legislative days following that date, thus allowing the District's action to proceed.)[64] Vermont joined the compact when Governor Peter Shumlin signed it into law on April 22, 2011.[65] California entered the compact on August 8, 2011, with Governor Jerry Brown's signature.[66] Rhode Island entered the compact on July 12, 2012, with Governor Lincoln Chafee's signature.[67] On April 15, 2014, New York entered the compact with a bipartisan vote in the NY assembly and Governor Andrew Cuomo's signature.[68]

NPVIC legislation has been introduced in all 50 states.[1] States where only one chamber has adopted the legislation are Arkansas, Connecticut, Delaware, Maine, Michigan, Nevada, New Mexico, North Carolina, Oklahoma and Oregon. In Colorado the legislation has passed in both chambers. Bills seeking to repeal the compact in Maryland, Washington and New Jersey have failed.

Jurisdictions enacting law to join National Popular Vote Interstate Compact
No. Jurisdiction Current
Electoral
votes (EV)
Date adopted
1 Maryland 10 April 10, 2007
2 New Jersey 14 January 13, 2008
3 Illinois 20 April 7, 2008
4 Hawaii 4 May 1, 2008
5 Washington 12 April 28, 2009
6 Massachusetts 11 August 4, 2010
7 District of Columbia 3 December 7, 2010
8 Vermont 3 April 22, 2011
9 California 55 August 8, 2011
10 Rhode Island 4 July 12, 2013
11 New York 29 April 15, 2014
Total 165 (61.1% of the 270 EV needed)


Bills in previous sessions[edit]

The table below lists the status of past bills that received a floor vote in at least one chamber of the state's legislature. Bills which failed without a floor vote are not listed. The "EVs" column indicates the current number of electoral votes a state has. This number may have changed since a bill's introduction due to reapportionment following the 2010 Census.

State EVs Session Bill(s) Lower house Upper house Executive Status
Flag of Arkansas.svg Arkansas 6 2007 HB 1703 passed[52] died in committee[52] failed
6 2009 HB 1339 passed[69] died in committee[69] failed
Flag of California.svg California 55 2005–06 AB 2948 passed[70] passed[70] vetoed[70] failed
55 2007–08 SB 37 passed[53] passed[53] vetoed[53] failed
55 2011 AB 459 passed[71] passed[71] signed[66] law
Flag of Colorado.svg Colorado 9 2006 SB 06-223 died in committee[72] passed failed
9 2007 SB 07-046 died in committee[54] passed[54] failed
9 2009 HB 1299 passed[73] not voted on[73] failed
Flag of Connecticut.svg Connecticut 7 2009 HB 6437 passed[74] died in committee failed
Flag of Washington, D.C..svg District of Columbia 3 2009–10 B18-0769 passed[75] signed[75] law
Flag of Delaware.svg Delaware 3 2009–10 HB 198 passed[76] not voted on[76] failed
3 2011 HB 55 passed[77] died in committee[77] failed
Flag of Hawaii.svg Hawaii 4 2007 HB 234,[78] SB 1956 did not override veto[58] overrode veto[58] vetoed[58] failed
4 2008 HB 3013, SB 2898 overrode veto[79] overrode veto[61] veto overridden[61] law
Flag of Illinois.svg Illinois 20 2007–08 HB 858,[80] HB 1685, SB 78 passed[55] passed[55] signed[55] law
Flag of Louisiana.svg Louisiana 8 2012 HB 1095, SB 705 failed[81] not voted on[82] failed
Flag of Maine.svg Maine 4 2007–08 LD 1744 indef. postponed[83] passed[84] failed
4 2013-14 LD 511, S 201 failed 60-85[83] failed 17-17[83] failed
Flag of Maryland.svg Maryland 10 2007 HB 148, SB 634 passed[85] passed[85] signed[85] law
Flag of Massachusetts.svg Massachusetts 11 2007–08 HB 4952, SB 445[86] passed[87] passed[88] not sent[89] failed
11 2009–10 H 4156 passed[90] passed[91] signed law
Flag of Michigan.svg Michigan 16 2007–08 HB 6610 passed 65-36[92] died in committee[92] failed
Flag of Minnesota.svg Minnesota 10 2013–14 HF799, SF585 failed 62-71[93] died in committee[94] failed
Flag of Montana.svg Montana 3 2007 SB 290 failed[95] failed
Flag of Nebraska.svg Nebraska 5 2014 LB1058 passed committee, not voted on[96] failed
Flag of Nevada.svg Nevada 6 2009 AB 413 passed[97] died in committee failed
Flag of New Jersey.svg New Jersey 14 2006–07 A 4225, S 2695 passed[56] passed[56] signed[56] law
Flag of New Mexico.svg New Mexico 5 2009 HB 383 passed[98][99] not voted on[100] failed
Flag of New York.svg New York 29 2010 A1580B, S2286A not voted on[101] passed[101] failed
2011 A00489, S4208 not voted on[102] passed[103] failed
2013 A4422, S3149 passed[104] died in committee[104] failed
2014 A4422, S3149 passed[104] passed[105] signed[68] law
Flag of North Carolina.svg North Carolina 15 2007–08 H1645, S954 died in committee[106] passed[57] failed
Flag of North Dakota.svg North Dakota 3 2007 HB 1336 failed[107] failed
Flag of Oklahoma.svg Oklahoma 7 2014 SB906 died in committee[108] passed[108] failed
Flag of Oregon.svg Oregon 7 2013 HB 3077, SB 624 passed[109] died in committee[110] failed
Flag of Rhode Island.svg Rhode Island 4 2008 H 7707, S 2112 passed[111] passed[111] vetoed[111] failed
4 2009 HB 5569, SB 161 failed[112][113] passed[112] failed
4 2011 HB 5659, SB 164 not voted on[114] passed[114] failed
4 2013 H 5575, S 346 passed[115] passed[115] signed[116] law[116]
Flag of Vermont.svg Vermont 3 2007–08 H 373, S 270 passed[117] passed[117] vetoed[117] failed
3 2009–10 S 34 died in committee[118] passed[118] failed
3 2011–12 S 31[119] passed[120] passed[120] signed[121] law
Flag of Washington.svg Washington 12 2007–08 HB 1750, SB 5628 died in committee[122] passed[123] failed
12 2009–10 HB 1598, SB 5599 passed[124] passed[124] signed law

See also[edit]

References[edit]

  1. ^ a b National Popular Vote – Progress by State
  2. ^ "The Agreement Among the States to Elect the President by National Popular Vote". Every Vote Equal. Retrieved December 22, 2010. 
  3. ^ "Responsibilities of the States in the Presidential Election". U.S. Electoral College. U.S. National Archives and Records Administration. Retrieved June 5, 2008. 
  4. ^ "Senate Bill 291 (2013)". Michigan Legislature. 2014. Retrieved April 2, 2014. 
  5. ^ "HB1182". Pennsylvania Legislature. 2014. Retrieved April 2, 2014. 
  6. ^ "Washington Post-Kaiser Family Foundation-Harvard University: Survey of Political Independents" (PDF). The Washington Post. Retrieved June 11, 2008. 
  7. ^ "Americans Have Historically Favored Changing Way Presidents are Elected". Gallup. November 10, 2000. Retrieved June 11, 2008. 
  8. ^ "Who Picks the President?". FairVote. Retrieved June 11, 2008. 
  9. ^ a b c "Drop Out of the College". New York Times. March 14, 2006. Retrieved June 11, 2008. 
  10. ^ "Electoral College is outdated". Denver Post. April 9, 2007. Retrieved June 11, 2008. 
  11. ^ a b Hill, David; McKee, Seth C. (2005). "The Electoral College, Mobilization, and Turnout in the 2000 Presidential Election". American Politics Research. pp. 33:700–725. Retrieved June 11, 2008. 
  12. ^ "Committee for the Study of the American Electorate" (PDF). November 4, 2004. Retrieved June 12, 2008. 
  13. ^ Lopez, Mark Hugo; Kirby, Emily; Sagoff, Jared (July 2005). "The Youth Vote 2004" (PDF). Retrieved June 12, 2008. 
  14. ^ "States Join Forces Against Electoral College". Los Angeles Times. June 5, 2006. Retrieved July 13, 2008. 
  15. ^ "A fix for the Electoral College". Boston Globe. February 18, 2008. Retrieved July 13, 2008. 
  16. ^ "How to drop out of the Electoral College: There's a way to ensure top vote-getter becomes president". Minneapolis Star Tribune. March 27, 2006. Retrieved July 13, 2008. 
  17. ^ a b "Electoral College should be maintained". Honolulu Star-Bulletin. April 29, 2007. Retrieved June 12, 2008. 
  18. ^ a b c d du Pont, Pete (August 29, 2006). "Trash the 'Compact'". Wall Street Journal. Retrieved February 1, 2012. 
  19. ^ "National Popular Vote Compact Suggested Resource List". Archived from the original on 2001-07-21. 
  20. ^ "Who Picks the President?" (PDF). FairVote. Retrieved November 9, 2011. 
  21. ^ FairVote.org | What is the National Popular Vote Plan?: Facts & FAQ's
  22. ^ a b "National Popular Vote" (PDF). National Popular Vote. June 1, 2007. Retrieved July 13, 2008. 
  23. ^ FairVote.org | Statewide Election Recounts, 2000-2009
  24. ^ 3. Myths about Recounts, nationalpopularvote.com
  25. ^ "David Broder, on PBS Online News Hour's Campaign Countdown". November 6, 2000. Retrieved June 12, 2008. 
  26. ^ Timothy Noah (December 13, 2000). "Faithless Elector Watch: Gimme "Equal Protection"". Slate.com. Retrieved June 12, 2008. 
  27. ^ Longley, Lawrence D.; Peirce, Neal (1999). Electoral College Primer 2000. Yale University Press. Archived from the original on 2011-06-06. [dead link]
  28. ^ Levinson, Sanford (2006). Our Undemocratic Constitution. Oxford University Press. [dead link]
  29. ^ Anuzis, Saul (May 26, 2006). "ANUZIS: Conservatives need the popular vote". Washington Times. Retrieved June 3, 2011. 
  30. ^ Hertzberg, Hendrik (June 13, 2011). "Misguided "objectivity" on n.p.v". New Yorker. Retrieved June 21, 2011. 
  31. ^ Silver, Nate (November 8, 2012). "As Nation and Parties Change, Republicans Are at an Electoral College Disadvantage". The New York Times. 
  32. ^ 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.
  33. ^ SB-37, quoted on page 8
  34. ^ "NewsWatch". Honolulu Star-Bulletin. April 24, 2007. Retrieved July 13, 2008. 
  35. ^ "What's Wrong With the Popular Vote?". Hawaii Reporter. April 11, 2007. Archived from the original on January 10, 2008. Retrieved July 13, 2008. 
  36. ^ "Who Are the Top 20 Legal Thinkers in America?". Legal Affairs. Retrieved July 4, 2008. 
  37. ^ "Bush v. Gore, US Supreme Court Opinion". Archived from the original on 2005-11-30. "The individual citizen has no federal constitutional right to vote for electors for the President of the United States unless and until the state legislature chooses a statewide election as the means to implement its power to appoint members of the Electoral College. U.S. Const., Art. II, §1. This is the source for the statement in McPherson v. Blacker, 146 U.S. 1, 35 (1892), that the State legislature’s power to select the manner for appointing electors is plenary; it may, if it so chooses, select the electors itself, which indeed was the manner used by State legislatures in several States for many years after the Framing of our Constitution. Id., at 28—33. History has now favored the voter, and in each of the several States the citizens themselves vote for Presidential electors. When the state legislature vests the right to vote for President in its people, the right to vote as the legislature has prescribed is fundamental; and one source of its fundamental nature lies in the equal weight accorded to each vote and the equal dignity owed to each voter." 
  38. ^ Gringer, David (2008). "Why the National Popular Vote Plan Is the Wrong Way to Abolish the Electoral College" (PDF). Columbia Law Review 108 (1). Retrieved July 13, 2008. 
  39. ^ "Letter" (PDF). U.S. Department of Justice. fairvote.org. 
  40. ^ Shane, Peter (May 16, 2006). "Democracy's Revenge? Bush v. Gore and the National Popular Vote". Moritz College of Law, Ohio State University. Retrieved July 13, 2008. 
  41. ^ Raskin, Jamie (2008). "Neither the Red States nor the Blue States but the United States: The National Popular Vote and American Political Democracy" (PDF). Election Law Journal (Mary Ann Liebert, Inc.) 7 (3): 188. doi:10.1089/elj.2008.7304. Retrieved December 6, 2009. 
  42. ^ a b Drake, Ian (September 20, 2013). "Federal Roadblocks: The Constitution and the National Popular Vote Interstate Compact". The Journal of Federalism (Oxford Journals). 
  43. ^ Circumventing the Electoral College: Why the National Popular Vote Interstate Compact Survives Constitutional Scrutiny Under the Compact Clause
  44. ^ Popular Election of the President: Using or Abusing the Electoral College? by Jennifer Hendricks :: SSRN
  45. ^ Turflinger, Bradley (2011). "[Fifty Republics and the National Popular Vote: How the Guarantee Clause Should Protect States Striving for Equal Protection in Presidential Elections" (PDF). Valparaiso University Law Review (Valco Scholar) 45 (3): 793–843. Retrieved September 25, 2012. 
  46. ^ "Background on Interstate Compacts" (PDF). Every Vote Equal. Retrieved June 15, 2008. 
  47. ^ Muller, Derek T. (November 2007). "The Compact Clause and the National Popular Vote Interstate Compact". Election Law Journal (Mary Ann Liebert, Inc.) 6 (4): 372–393. doi:10.1089/elj.2007.6403. Retrieved June 15, 2008. 
  48. ^ Popular Election of the President Without a Constitutional Amendment by Robert Bennett :: SSRN
  49. ^ "HOW TO ACHIEVE DIRECT NATIONAL ELECTION OF THE PRESIDENT WITHOUT AMENDING THE CONSTITUTION: Part Three Of A Three-part Series On The 2000 Election And The Electoral College". Findlaw. 2001. Retrieved March 16, 2009. 
  50. ^ "Count 'Em". New Yorker. March 6, 2006. Retrieved June 21, 2011. 
  51. ^ a b c "Arkansas". National Popular Vote, Inc. 2009. Retrieved June 6, 2008. 
  52. ^ a b c d "Complete Bill History (SB 37)". California Legislature. 2007. Retrieved December 23, 2010. 
  53. ^ a b c "Summarized History for Bill Number SB07-046". Colorado Legislature. 2007. Retrieved July 13, 2008. 
  54. ^ a b c d e "Bill Status of HB1685". Illinois General Assembly. 2008. Retrieved July 13, 2008. 
  55. ^ a b c d "Bill Search (Bill A4225 from Session 2006–07)". New Jersey Legislature. Retrieved July 13, 2008. 
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