National Popular Vote Interstate Compact - Details of The Compact Law

Details of The Compact Law

States join the compact by adopting it as a state law. The compact law requires that:

  • The member state shall hold presidential elections by statewide popular vote.
  • After the election, the state's chief election official (usually the state Secretary of State) shall certify the number of popular votes cast in the state for each candidate and report those results to the other states by a specific deadline.
  • The chief election official shall then determine "national popular vote totals" for each candidate by adding up the vote totals reported by every state (including states that have not adopted the compact) and the District of Columbia. (Under current federal law, each state is required to make official reports of vote totals to the federal government in the form of Certificates of Ascertainment.)
  • The state's electoral votes shall be awarded to the candidate with the highest "national popular vote total" (a plurality).

Currently, Maine and Nebraska award their electoral votes based on results at the congressional district level.

The compact specifies that it shall take effect only if it is law in states controlling a majority of electoral votes on July 20 of a presidential election year. States wishing to join or withdraw from the compact after that date would not be able to do so until after January 20 of the following year.

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