Written by: Will Hickey | April 17, 2014

On Tuesday New York Governor Andrew Cuomo signed S03149 making New York the eleventh jurisdiction to join the National Popular Vote Interstate Compact. New York’s 29 electoral votes bring the compact’s total to 165, or 61% of the 270 votes needed to activate the compact.

The National Popular Vote Interstate Compact (NPVIC) was started in 2001 as a way to elect the President of the United States by popular vote without requiring an amendment to the United States Constitution. The Constitution specifically affords state legislatures control over process by which their electors are selected. Furthermore the Supreme Court decision Virginia v. Tennessee (1893) creates a precedent for states entering into binding compacts with each other without Congressional approval. States that pass legislation to join the NPVIC agree to select electors for the winner of the national popular vote (rather than the winner of their state) but with the compact only taking effect once enough states have joined to account for 270 electoral votes.

Below is a summary of current bills related to this issue. Although New York is the only state to join the NPVIC so far this year several other states have introduced legislation. Connecticut’s HB05126 was favorably referred out of committee in March and Oklahoma’s SB906 has successfully passed the Senate and is under consideration by the House. Despite its momentum the NPVIC is not without criticism. Oklahoma and Utah have both introduced bills specifically supporting the current implementation of the electoral college and New Jersey, a member of the NPVIC, has introduced a bill to remove the state from the compact.

Bill Purpose Last Action Last Action Date Action Count
AZ – SB1189 Join NPVIC Referred to Senate GE Committee 1/28/2014 6
CT – HB05126 Join NPVIC File Number 134 3/26/2014 9
ME – LD511 Join NPVIC Placed in the Legislative Files. (DEAD) 4/3/2014 31
MI – SB0291 Join NPVIC Referred To Committee On Local Government And Elections 4/10/2013 2
MI – HB5344 Join NPVIC Printed Bill Filed 02/21/2014 2/25/2014 4
MN – SF585 Join NPVIC Referred to Rules and Administration 2/21/2013 2
MN – HF799 Join NPVIC Author added Newton 2/25/2014 15
NE – LB1058 Join NPVIC (Nebraska currently allocates by congressional district) Schilz name added 4/1/2014 10
NJ – A2827 Quit NPVIC Introduced, Referred to Assembly Judiciary Committee 3/10/2014 1
NJ – S1681 Quit NPVIC Introduced in the Senate, Referred to Senate State Government, Wagering, Tourism & Historic Preservation Committee 3/17/2014 1
NY – S03149 Join NPVIC (passed) signed chap.19 4/15/2014 18
NY – A09350 Elector allocation by congressional district referred to election law 4/16/2014 1
OK – SB523 Join NPVIC Second Reading referred to Rules 2/5/2013 3
OK – SB906 Join NPVIC Second Reading referred to Rules 3/17/2014 15
OK – HR1047 Maintain electoral college Authored by Representative Wesselhoft, Bennett, Cleveland, Fisher, Kern, Moore, Murphey, Reynolds, Ritze 3/4/2014 2
PA – HB94 Elector allocation by congressional district Referred to STATE GOVERNMENT 1/14/2013 1
PA – HB1182 Join NPVIC Referred to STATE GOVERNMENT 4/15/2013 1
UT – HB0299 Maintain Electoral College House/ filed in HFILE 3/13/2014 16

 

 

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