National Popular Vote Interstate Compact

The National Popular Vote Interstate Compact is an agreement in which participating states pledge to award all their electoral votes to the candidate who wins the national popular vote, regardless of the vote in the individual state. It takes effect only once states with a combined 270 electoral votes, a majority of the Electoral College, have joined.

The idea uses a state's constitutional power to decide how its electors are chosen, so it would not require a constitutional amendment. Supporters, mostly Democrats, say it would make every vote count equally and end the focus on swing states. A number of states and the District of Columbia have enacted it, and the total has remained short of the threshold, with most members being states that lean Democratic.

Opponents, mostly Republicans, argue it would undermine federalism and the compromise that protects smaller states, that it would encourage candidates to run up votes in cities, and that it raises legal questions, since the Constitution's Compact Clause generally requires congressional consent for agreements among states. Supporters say consent is not required for this kind of compact. Disputes over recounts and the legality of national tallies are also raised. The compact has not been tested in court.