United States Constitution, Article II, Section 1, Paragraph 3:
"Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector."
So how does the State Legislature passing a law (then signed by the Governor) directing that EC votes be allocated based on the national popular vote violate the Constitution?
It's right there in the Constitution, they (the State) gets to select the method, they could choose:
- National Popular Vote as the method,
- State wide popular vote as the method (winner take all),
- District specific representing the each House Seat with 2 for the overall state representing the Senate (proportional allocation),
- They could choose NOT to have a vote at all and the Legislature directly appoint EC electors,
- They could choose to have round-robin elimination tournaments of tiddly-winks to choose the elector if they want.
WW