Unable to agree on any particular method for selecting presidential electors, the Founding Fathers left the choice of method exclusively to the states in Article II, Section 1
“Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors….”
The U.S. Supreme Court has repeatedly characterized the authority of the state legislatures over the manner of awarding their electoral votes as "plenary" and "exclusive."
The constitutional wording does not encourage, discourage, require, or prohibit the use of any particular method for awarding a state's electoral votes.
The National Popular Vote bill would guarantee the presidency to the candidate who receives the most popular votes in the country, by changing state winner-take-all laws (not mentioned in the U.S. Constitution, but later enacted by 48 states), without changing anything in the Constitution, using the built-in method that the Constitution provides for states to make changes.
Every vote, everywhere, for every candidate, would be politically relevant and equal in every presidential election.
No more distorting and divisive red and blue state maps of pre-determined outcomes.
No more handful of 'battleground' states (where the two major political parties happen to have similar levels of support among voters) where voters and policies are more important than those of the voters in 38+ predictable states that have just been 'spectators' and ignored after the conventions.
The bill would take effect when enacted by states with a majority of the electoral votes—270 of 538.
All of the presidential electors from the enacting states will be supporters of the presidential candidate receiving the most popular votes in all 50 states (and DC)—thereby guaranteeing that candidate with an Electoral College majority.
The bill has passed 34 state legislative chambers in 23 rural, small, medium, large, red, blue, and purple states with 261 electoral votes.
The bill has been enacted by 11 small, medium, and large jurisdictions with 165 electoral votes – 61% of the 270 necessary to go into effect.
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