12 States Have Voted to Approve Nullifying the Electoral College

Over the past several years, there has been more and more talk about eliminating the electoral college in favor of counting every vote equally.  In this past General Election, President Trump lost the popular vote by a count of 62,979,636 to Hillary Clinton’s 65,844,610, yet he still won the election because he received an overwhelmingly larger amount of electoral votes (304-227).

Photo credit: Russ Walker

The electoral college gives each state a specific number of electors, and according to Darrell Eldridge of The New Federalist Papers, “States are entitled to a number of electors equal to the whole number of Representatives and Senators to which the state is entitled, which is the number which does not exceed 1 for 30,000, which for Colorado is 167 not the 7 they are given in direct violation of Article 1 Section 2 of the Constitution. Moreover, the state only has the authority to select the electors by a method determined by their own State Legislature, but the electors vote by ballot, the state doesn’t have the authority to determine the elector’s votes.”

Now, however, Colorado is on the verge of essentially eliminating the Electoral College in their state.  The Colorado State Senate has just passed a bill that would award their presidential electoral votes to the winner of the country’s popular vote.

The bill, entitled SB-19-042, passed at the end of January and it will now be voted on in the Colorado House.  If the Democratic controlled House approves, as does Democratic Governor Jared Polis, the law won’t take effect until enough states join the compact. At this time the compact members are made up to 11 states with 172 total electoral votes.  They still need 98 more electoral votes to join before the law would be enacted.

If this law does go into effect, it is an almost certainty that it will be challenged in the courts as being ‘unconstitutional.’ Proponents of the National Popular Vote, say that they are not ‘amending the Constitution. States have exclusive power over their own electors and are using that power to guarantee the Electoral College follows the popular vote winner.’

Other states which have passed National Popular Vote bills include California, Connecticut, Hawaii, New York, New Jersey, Maryland, Washington DC, Illinois, Rhode Island, Massachusetts, and Vermont. Colorado and New Mexico have passed the legislation in both state chambers but in different years, while Oregon, Nevada, Arizona, Michigan, Oklahoma, North Carolina, Delaware, and Maine have passed legislation in one chamber.

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