Virginia Joins Interstate Compact for National Popular Vote in Presidential Elections

The governor of Virginia has signed legislation enrolling the state in the National Popular Vote interstate compact. This action advances an effort to allocate electoral votes based on the nationwide popular vote rather than state-by-state results. The compact is designed to take effect once states controlling at least 270 electoral votes participate, which is the number required to win the presidency.

Under the agreement, member states would assign their electors to the candidate receiving the most votes nationally, regardless of the outcome within their own state. The initiative seeks to ensure the presidential candidate with the most popular votes nationwide wins the election.

Constitution establishes the Electoral College system, where each state receives electors equal to its congressional representation. States determine how to select these electors, with most awarding them on a winner-take-all basis statewide, except for Maine and Nebraska, which allocate by congressional district.

This system requires candidates to build coalitions across multiple states to secure a majority of electoral votes. Examples from past elections illustrate this process. In 1992, a candidate won with 43% of the popular vote by securing 32 states. In 2016, another candidate won with nearly 46% of the popular vote by winning 30 states.

The compact has faced criticism for potentially bypassing constitutional requirements. The Constitution prohibits states from entering agreements without congressional consent, though supporters argue prior case law allows it. Differences in state election rules, such as ballot access and voting methods, could raise fairness issues under Supreme Court precedents.

Additionally, the Electoral College was designed to balance power among states, rejecting a direct national popular vote to prevent dominance by larger states and cities. State constitutions may also impose residency requirements that conflict with considering out-of-state votes.

Courts may ultimately determine its validity if it reaches the threshold to activate.