Virginia Joins National Popular Vote Compact, Bringing Total to 222 Electoral Votes
Virginia has become the latest state to join the National Popular Vote Interstate Compact, a multi-state agreement to award presidential electoral votes to the winner of the national popular vote. The addition brings the total number of committed electoral votes to 222, moving the compact closer to the 270 required for it to take effect.
Key Details of the Compact
- On Monday, Virginia Governor Abigail Spanberger signed legislation authorizing the state's entry into the National Popular Vote Interstate Compact.
- The compact is an agreement among participating states to allocate their presidential electors to the candidate who wins the national popular vote, regardless of the state-level outcome.
- With Virginia's addition, the compact now includes 18 states and the District of Columbia.
The agreement will only become active once states representing at least 270 electoral votes—the majority needed to elect a president—have joined.
Background and Context
The National Popular Vote Project, which advocates for the compact, states the effort began approximately 20 years ago. According to the organization, legislation related to the compact has been introduced in nearly every state.
In Virginia, the measure advanced following the 2023 elections, which resulted in Democratic control of the governor's office and both chambers of the state legislature. Virginia House of Delegates member Dan Helmer stated that the effort to join the compact in Virginia was a process lasting at least a decade.
Statements from Advocates
- Alyssa Cass, a strategist for the National Popular Vote Project, described the two-decade effort as having "constant forward momentum" and noted that most related bills have passed in a bipartisan manner.
- Dan Helmer linked Virginia's action to addressing perceived threats to democracy.
- Patrick Rosenstiel, a senior consultant to National Popular Vote, argued that a national popular vote system would make "every voter in every precinct politically relevant," rather than focusing presidential campaigns on a handful of battleground states.
Public Opinion and Partisan Perspectives
According to a Pew Research Center survey, a majority of Americans say they would prefer the presidential election winner to be determined by the national popular vote rather than the Electoral College.
The same survey found a partisan divide on the issue:
- 80% of Democrats favor replacing the Electoral College with a popular vote system.
- 46% of Republicans support the change.
The last two presidents elected without winning the national popular vote were Republicans George W. Bush in 2000 and Donald Trump in 2016. Patrick Rosenstiel, who describes himself as a conservative Republican, rejected the premise that the Electoral College structurally benefits his party, stating Republicans would also benefit from a popular vote model.
Legal Considerations and Debate
The compact's constitutionality is a subject of debate among legal experts.
Supporters' Argument: Advocates, including Alyssa Cass, argue the compact is constitutional, citing Article 2, Section 1 of the U.S. Constitution, which grants states the power to appoint electors. They contend this state power has been consistently upheld by courts.
Opponents' Argument: Some legal scholars argue that the framers of the Constitution explicitly rejected direct popular election for president and that a change of this magnitude requires a constitutional amendment. Patrick Valencia, Iowa's deputy solicitor general, has written that the compact is an effort to "usurp the constitutionally required electoral procedures."
Patrick Rosenstiel acknowledged that lawsuits would be likely if the compact reaches the 270-electoral-vote threshold but expressed confidence it would withstand legal challenge based on states' "plenary power" to award electors.