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.

State

Electoral Votes Pledged

Maryland

10

New Jersey

15

TOTAL

25

Additional votes required to take effect

245

Pending NPV Legislation

State

# Electoral Votes

Bill Number

Last Action

Alaska

3

SB 138

Pending in Senate

Florida

(session begins March 4)

27

S 1350

Pending in Senate

Georgia

15

HB 630

Pending in House

Hawaii

4

HB 234

Pending in House

HB 371

Pending in House

Illinois

21

HB 858

Passed House 5/2/07

HB 1685

Awaiting gubernatorial action 1/9/08

SB 78

Pending in Senate

Iowa

7

SF 2008

Pending in Senate

Kansas

6

SB 150

Pending in Senate

Maine

4

LD 1744

Pending in Jt. Cmte.

Massachusetts

12

HB 678

Pending in Jt. Cmte.

HB 710

Pending in Jt. Cmte.

SB 445

Pending in Jt. Cmte.

SB 452

Pending in Jt. Cmte.

Missouri

11

HB 1456

Pending in House

SB 853

Pending in Senate

Nebraska

5

LB 433

Pending in Senate

New Hampshire

4

HB 1454

Pending in House

New York

31

A 3883

Pending in Assembly

North Carolina

(session begins 5/13)

15

SB 954

Passed Senate 5/14/07

Oklahoma

(session begins 2/4)

7

HB 1466

Pending in House

Pennsylvania

21

HB 1028

Pending in House

Rhode Island

4

HB 5976

Pending in House

SB 201

Pending in Senate

South Carolina

8

HB 4201

Pending in House

Tennessee

11

HB 246

Pending in House

SB 159

Pending in Senate

SB 811

Pending in Senate

Utah

5

HB 283

Pending in House

Vermont

3

H 373

Pending in House

Washington

11

HB 1750

Pending in House

West Virginia

5

HB 3247

Pending in House

HB 4031

Pending in House

SB 52

Pending in Senate

Wisconsin

10

AB 313

Pending in Assembly

TOTAL Pending

250

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.

Electoral College Bills2007 - 2008

Electoral College Bills
2007 - 2008