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Agreement Among the States to Elect the President by Nationwide Popular Vote

Issue(s): Elections
Summary of the Solution:

The National Popular Vote proposal would guarantee that the presidential candidate who received the most popular votes in all 50 states will win the Presidency. This proposal was developed and is being pushed by an organization called National Popular Vote. They are a terrific resource on this issue.

What follows is taken directly from the National Popular Vote website:

"The National Popular Vote bill would guarantee that the presidential candidate who receives the most votes in all 50 states will win the Presidency.

In April 2007, Maryland became the first state to enact the bill. The bill has passed 10 legislative chambers. In 2007, the bill passed the Arkansas House, California Senate, Colorado Senate, both houses in Hawaii, Illinois House, both houses in Maryland, and North Carolina Senate. In 2006, the bill passed the Colorado Senate and California Assembly and Senate. The bill currently has 350 legislative sponsors in 47 states.

The current system of electing the President has several shortcomings—all stemming from the winner-take-all rule that awards all of a state’s electoral votes to the presidential candidate who receives the most popular votes in each state.

Under the winner-take-all rule, candidates have no reason to poll, visit, advertise, organize, campaign, or worry about the concerns of voters of states that they cannot possibly win or lose. Voters in two thirds of the states are effectively disenfranchised in presidential elections because candidates concentrate their attention on a handful of “battleground” states. Candidates concentrate over two-thirds of their advertising money and campaign visits in just five states; over 80% in just nine states; and over 99% of their advertising money in just 16 states. The spectator states in presidential elections include 12 of the 13 least populous states (all but New Hampshire); 7 of the nation’s 11 most populous states (California, Texas, New York, Illinois, New Jersey, North Carolina, and Georgia).

Another shortcoming of the current system is that a candidate can win the Presidency without winning the most popular votes nationwide. A shift of 60,000 votes would have elected Kerry in 2004, even though President Bush was ahead by 3,500,000 votes nationwide. A shift of a handful of votes in one or two states would have elected the second-place candidate in five of the last 12 presidential elections. A second-place candidate won in 1824, 1876, 1888, and 2000.

The Founding Fathers gave the states exclusive and plenary (complete) control over the manner of awarding of their electoral votes. The winner-take-all rule is not in the U.S. Constitution. It was used by only 3 states in the nation’s first presidential election. Maine and Nebraska award some of their electoral votes by congressional districts.

Under the National Popular Vote bill, all of the state’s electoral votes would be awarded to the presidential candidate who receives the most popular votes in all 50 states and the District of Columbia. The legislation (in the form of an interstate compact) would take effect only when enacted, in identical form, by states possessing a majority of the electoral votes—that is, enough electoral votes to elect a President (270 of 538).

The bill has been endorsed by the New York Times, Chicago Sun Times, Minneapolis Star-Tribune, Los Angeles Times, and Sacramento Bee, Common Cause and Fair Vote. 70% of the public has long supported nationwide election of the president.

The National Popular Vote proposal is described in detail in the book Every Vote Equal: A State-Based Plan for Electing the President by National Popular Vote. The book is available to be read or downloaded, for free, at www.every-vote-equal.com. Additional information is available at www.NationalPopularVote.com. "