A national majority vote for president is one step closer to reality after the Virginia governor, Abigail Spanberger, signed the national popular vote bill into law, joining an interstate compact with 17 other states and the District of Columbia.
Under the National Popular Vote Interstate Compact, states would assign their presidential electors to the winner of the popular vote, regardless of the results within the state. The compact takes effect when states representing a majority of electoral votes – 270 of 538 – pass the legislation and thus would determine the winner of the presidential contest. With Virginia, the compact now has 222 electors
Every state that has so far enacted the compact has Democratic electoral majorities, including California, New York and Illinois. But legislation has been introduced in enough states to reach the 270-elector threshold, including swing states like Arizona, Michigan, Nevada, New Hampshire, Pennsylvania and Wisconsin.
The legislation relies on two provisions of the US constitution, which would face intense legal scrutiny if and when the compact comes into force. Article II, section 1 of the constitution authorizes each state to appoint electors “in such manner as the legislature thereof may direct”. The constitution does not require states to even have a vote for president, never mind delegating those electors as a state’s voters choose.