The bill uses the power given to each state by the Founding Fathers in the Constitution to change how
they award their electoral votes for president.
But states that sign on to the compact would agree to
award their electoral votes to the candidate who wins the overall national popular vote.
Currently, nearly every state
awards its electoral votes to the presidential candidate that receives the most votes within the state.
The Founding Fathers only said in the U.S. Constitution about presidential elections (only after debating among 30 ballots for choosing a method): «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.»
However, two states (Maine and Nebraska)
award an electoral vote to the winner of each district in the state in addition to one for the overall winner, so it should be possible for every numeric combination to happen.
Not exact matches
By contrast, the unit rule (by which states
award all their
electoral votes to the plurality winner in the state) that 48 states employ under the
electoral college encourages third parties, especially regional candidates like Strom Thurmond in 1948 or George Wallace in 1968.
Maine and Nebraska both
award their
electoral college
votes according to the winner of each of their congressional districts.
Awarding Connecticut's
electoral votes to the winner of the national popular
vote may disenfranchise a majority of the individual voters in our state.
In Gallup polls since 1944, only about 20 % of the public has supported the current system of
awarding all of a state's
electoral votes to the presidential candidate who receives the most
votes in each separate state (with about 70 % opposed and about 10 % undecided).
The constitutional wording does not encourage, discourage, require, or prohibit the use of any particular method for
awarding the state's
electoral votes.
State - by - state winner - take - all laws to
award electoral college
votes were eventually enacted by 48 states AFTER the Founding Fathers wrote the Constitution.
When the bill comes into effect, all the
electoral votes from those states would be
awarded to the presidential candidate who receives the most popular
votes in all 50 states (and DC).
In the Democratic Party, for example, delegates are
awarded based on a State's historical
electoral vote and its turnout for the Democratic candidate in previous elections.