The National Popular Vote (NPV) Initiative

The National Popular Vote (NPV) Initiative
Author: Andrew Nolan
Publisher:
Total Pages: 40
Release: 2019-11-03
Genre:
ISBN: 9781705363669

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.

The National Popular Vote Initiative: Direct Election of the President by Interstate Compact

The National Popular Vote Initiative: Direct Election of the President by Interstate Compact
Author: Congressional Research Congressional Research Service
Publisher: CreateSpace
Total Pages: 30
Release: 2014-12-12
Genre:
ISBN: 9781505589184

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 to award all its electoral votes to the presidential ticket that wins the most popular votes nationwide, regardless of who wins in that particular state. The number of electoral votes won by the national popular vote winners would depend on the number of electoral votes controlled by NPV member states. 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. Recent action by the New York legislature to join the compact has generated renewed interest in the NPV initiative. At the time of this writing, 10 states and the District of Columbia, which jointly control 165 electoral votes, have joined the compact. The National Popular Vote initiative emerged following the presidential election of 2000, in which one ticket gained an electoral vote majority, winning the presidency, but received fewer popular votes than its opponents. NPV grew out of subsequent discussions among scholars and activists about how to avoid similar outcomes in the future and to achieve direct popular election. Proponents of NPV assert that it would guarantee the presidential candidates who win the most popular votes nationwide will always win the presidency; that it would end the inequities of the general ticket/winner-take-all system of awarding electoral votes; and that candidates would extend their focus beyond winning the "battleground states," campaigning more widely and devoting greater attention to issues of concern to other parts of the country. They further assert that NPV would accomplish this while avoiding the exacting standards set for the proposal and ratification of constitutional amendments. Opponents argue that NPV would undermine the authority of states under the Constitution and the Founders' intention that presidential elections should be both national and federal contests; that it is an admitted "end run" around the Constitution which would circumvent the amendment process; and that it might actually lead to more disputed presidential elections characterized by politically contentious state recounts. The NPV has also been debated on constitutional and legal grounds. Some observers maintain that it must be approved by Congress, because it is an interstate compact that would affect key provisions of constitutional presidential election procedures. NPV Inc., the organization managing the initiative's advocacy campaign, responds that congressional approval is not necessary because NPV deals with the appointment of electors, a subject that falls within state constitutional authority, and that the Supreme Court has previously rejected arguments that similar compacts would impair the rights of nonmember states. Other critics claim that NPV might violate the Voting Rights Act by diluting minority voter influence and avoiding the recently invalidated preclearance requirement for election procedures changes in covered jurisdictions. In response, NPV, Inc. has asserted that the compact is "entirely consistent with the goal of the Voting Rights Act."

Proposals for Presidential Election Reform

Proposals for Presidential Election Reform
Author: Maureen Stone
Publisher:
Total Pages: 128
Release: 2015
Genre: Election law
ISBN: 9781634829342

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. This book monitors the NPV's progress in the states and identifies and provides an analysis of further developments as warranted. When Americans vote for President and Vice President, they are actually choosing presidential electors, known collectively as the Electoral College. It is these officials who choose the President and Vice President of the United States. The complex elements comprising the Electoral College system are responsible for one of the most important processes of the American political and constitutional system: election of the President and Vice President. A failure to elect, or worse, the choice of a chief executive whose legitimacy might be open to question, could precipitate a profound constitutional crisis that would require prompt, judicious, and well-informed action by Congress. This book discusses the contemporary issues for Congress and how the Electoral College works in contemporary presidential elections.

Electoral College Reform

Electoral College Reform
Author: Thomas H. Neale
Publisher: DIANE Publishing
Total Pages: 34
Release: 2010-11
Genre: Political Science
ISBN: 1437925693

Contents: (1) Intro.; (2) Competing Approaches: Direct Popular Election v. Electoral College Reform; (3) Direct Popular Election: Pro and Con; (4) Electoral College Reform: Pro and Con; (5) Electoral College Amendments Proposed in the 111th Congress; (6) Contemporary Activity in the States; (7) 2004: Colorado Amendment 36; (8) 2007-2008: The Presidential Reform Act (California Counts); (9) 2006-Present: National Popular Vote -- Direct Popular Election Through an Interstate Compact; Origins; The Plan; National Popular Vote, Inc.; Action in the State Legislatures; States That Have Approved NPV; National Popular Vote; (10) Prospects for Change -- An Analysis; (11) State Action -- A Viable Reform Alternative?; (12) Concluding Observations.

Let the People Pick the President

Let the People Pick the President
Author: Jesse Wegman
Publisher: Macmillan + ORM
Total Pages: 177
Release: 2020-03-17
Genre: Political Science
ISBN: 1250221986

“Wegman combines in-depth historical analysis and insight into contemporary politics to present a cogent argument that the Electoral College violates America’s ‘core democratic principles’ and should be done away with..." —Publishers Weekly The framers of the Constitution battled over it. Lawmakers have tried to amend or abolish it more than 700 times. To this day, millions of voters, and even members of Congress, misunderstand how it works. It deepens our national divide and distorts the core democratic principles of political equality and majority rule. How can we tolerate the Electoral College when every vote does not count the same, and the candidate who gets the most votes can lose? Twice in the last five elections, the Electoral College has overridden the popular vote, calling the integrity of the entire system into question—and creating a false picture of a country divided into bright red and blue blocks when in fact we are purple from coast to coast. Even when the popular-vote winner becomes president, tens of millions of Americans—Republicans and Democrats alike—find that their votes didn't matter. And, with statewide winner-take-all rules, only a handful of battleground states ultimately decide who will become president. Now, as political passions reach a boiling point at the dawn of the 2020 race, the message from the American people is clear: The way we vote for the only official whose job it is to represent all Americans is neither fair nor just. Major reform is needed—now. Isn't it time to let the people pick the president? In this thoroughly researched and engaging call to arms, Supreme Court journalist and New York Times editorial board member Jesse Wegman draws upon the history of the founding era, as well as information gleaned from campaign managers, field directors, and other officials from twenty-first-century Democratic and Republican presidential campaigns, to make a powerful case for abolishing the antiquated and antidemocratic Electoral College. In Let the People Pick the President he shows how we can at long last make every vote in the United States count—and restore belief in our democratic system.

Every Vote Equal

Every Vote Equal
Author: National Popular Vote Press
Publisher:
Total Pages: 756
Release: 2008-12
Genre: Law
ISBN: 9780979010712

Guaranteeing a Federally Elected President

Guaranteeing a Federally Elected President
Author: Kristin Feeley
Publisher:
Total Pages: 0
Release: 2008
Genre:
ISBN:

This Note addresses the constitutionality of National Popular Vote (NPV) legislation. National Popular Vote is a movement to reform the electoral college via state statute to turn the Presidential election into a national one. Four states (Maryland, New Jersey, Illinois, and Hawaii) have already passed laws providing that, in the event that states representing 270 electoral votes pass similar legislation, their electors will be awarded to the winner of the national vote. This Note argues that NPV legislation violates the guarantee clause, which incorporates aspects of process federalism, including a federally elected President. Part I discusses the national popular vote movement and applicable jurisprudence, arguing that although the Supreme Court recognizes that state legislatures have "plenary" power to appoint presidential electors, they cannot radically alter the Electoral College by enacting just any method for selecting presidential electors. In addition, Part I provides background on two potential constitutional problems for NPV legislation: the Compact Clause and the Guarantee Clause. Part II examines the principles of republican government that the Guarantee Clause protects. An analysis of historical sources from the framing and ratification of the Constitution, state practices concerning appointment of presidential electors, and other scholarly interpretations of the meaning of republican government reveals that the Guarantee Clause protects a compound republican government at the national level. It concludes that the guarantee of a republican form of government encompasses aspects of process federalism. Part III applies these republican principles to argue that NPV legislation is unconstitutional for two reasons. First, a national election of the President violates the concept that, in our compound republic, the source of the President's power is federal, not national. Second, the means employed by NPV violates the Guarantee Clause, and if electoral reform is desired, it should come through constitutional amendment. Allowing a minority of states to switch the nation to a national popular vote would also violate the republican principle that no state shall legislate for another state. In addition, allowing states unbridled discretion to adopt schemes like that in NPV legislation fails to account for the problem of "superstates." Superstates could be created if one state combines its electors with another's. Those two states could then send their electors to the winner of the superstate's vote. Taken to the extreme, the eleven states with a total 270 electoral votes could form a superstate where all 270 electoral votes go to the winner of the superstate, making the remaining thirty-nine states irrelevant in presidential elections. This suggests that there should be some constitutional limit on the ability of some states to make legislative choices for other states concerning the election of the President. Finally, Part IV discusses which branch is best suited to guarantee a federally elected President and has the power to determine that NVP legislation violates the Guarantee Clause. This Comment argues that the Supreme Court is in the best position to decide whether or not national popular vote legislation violates the Guarantee Clause. This Comment does not argue that a national popular vote is an inferior method of electing the President, it merely posits that the movement to a national popular vote should be accomplished via constitutional amendment, not by statutes in a minority of states.

Why the Electoral College Is Bad for America

Why the Electoral College Is Bad for America
Author: George C. Edwards III
Publisher: Yale University Press
Total Pages: 296
Release: 2019-08-20
Genre: Political Science
ISBN: 0300249659

A new edition of the best-known book critiquing the U.S. electoral college In this third edition of the definitive book on the unique system by which Americans choose a president—and why that system should be changed—George Edwards includes a new chapter focusing on the 2016 election. “As the U.S. hurtles toward yet another election in which the popular vote loser may become president, Edwards’s book is essential reading. It clearly and methodically punctures myths about the Electoral College’s benefits.”—Richard L. Hasen, author of The Voting Wars “Supported by both history and data, George Edwards convincingly argues the Electoral College is anti†‘democratic, anti†‘equality, and anti†‘common sense. We should dismantle it, and soon.”—Kent Greenfield, author of Corporations Are People Too (And They Should Act Like It)

The Fight to Vote

The Fight to Vote
Author: Michael Waldman
Publisher: Simon and Schuster
Total Pages: 448
Release: 2022-01-18
Genre: History
ISBN: 1982198931

On cover, the word "right" has an x drawn over the letter "r" with the letter "f" above it.