Electoral College Bills
2007 - 2008

Last updated January 31, 2008

Background

Each state has a number of presidential electors that is equal to the number of its representatives in Congress plus two.  In all but two states, whichever candidate receives the majority of the popular vote statewide receives all of that state's electoral votes.  This is commonly called the "winter-take-all system" for allocating electoral votes.  Currently, only two states (Maine and Nebraska) do it differently.  They use what is called the "district system" for allocating their electoral votes -- the popular vote is tallied for each of the state's congressional districts (CD), and the candidate who wins the popular vote in each CD receives that CD's electoral vote.  The candidate who wins statewide receives the additional two electoral votes.

The National Popular Vote Movement

The National Popular Vote (NPV) movement emerged in 2007.  NPV seeks to ensure that the presidential candidate who wins the most popular votes nationwide is elected president.  The NPV bills enter a state into the National Popular Vote Compact, and pledge that all of that state's electoral votes will be given to the national vote winner.  These bills take effect only when states with a majority of the electoral votes have passed similar legislation.  States with electoral votes totaling 270 of the 538 electoral votes would have to pass NPV bills before any state's bill would take effect.

National Popular Vote bills have been introduced in 24 states so far in the 2008 legislative session.  In 2007, 42 states considered NPV bills.

To date, two states have passed NPV bills into law.  On April 10, 2007, Maryland Governor Martin O'Malley signed the National Popular Vote bill, and New Jersey Governor Jon Corzine signed a bill on January 13, 2008.   The Hawaii Legislature also passed an NPV bill, but the governor vetoed it on April 23, 2007.  An NPV bill is pending gubernatorial action in Illinois.  If the Illinois bill is signed into law, that will bring the total number of electoral votes pledged in the NPV movement to 46, with an additional 224 necessary to activate the compact.

Other Proposed Changes to the Electoral College in 2008:

Indiana SB 60 (pending) - binds electors' votes

Massachusetts HB 633, HB 659, HB 3777, SB 465 (pending) - district system

Minnesota HF 195 (pending when session begins 2/12) - proportional system

North Carolina S 353 (pending when session begins 5/13) - district system

Oklahoma SB 457 (pending when session begins 2/4) - proportional system

South Carolina SB 159 (pending) - district system

Tennessee HB 1377 (pending) - district system

Virginia HB 42 (pending) - district system

Wisconsin AB 589 (pending) - district system

States that considered but did not pass NPV legislation in 2007 (23):

Alabama, Arizona, Arkansas, California, Colorado, Connecticut, Florida, Georgia, Indiana, Kentucky, Mississippi, Missouri, Montana, Nevada, New Mexico, North Dakota, Oregon, South Dakota, Texas, Utah, Virginia, West Virginia, Wyoming

States with no Electoral College Legislation in 2007 (8):

Delaware, Idaho, Iowa, Michigan, Minnesota, Nebraska, New Hampshire, Ohio

To view a complete list of all bills proposing to modify the Electoral College in 2008 and previous years, please visit the NCSL Election Legislation Database and select the subtopic "Electoral College."

For more information, please contact Jennie Drage Bowser in NCSL's Denver office at 303-364-7700.