Farewell to the electoral college? Democrats now control enough states to elevate the popular vote

Key Points:

• The recent Democratic victories in six key states have raised the possibility of these states joining the National Popular Vote Interstate Compact, which would effectively require presidential candidates to win the national popular vote to secure the Electoral College majority once member states reach 270 electoral votes.
• The compact currently includes states totaling 222 electoral votes; adding Arizona, Michigan, Pennsylvania, Nevada, and Wisconsin, all with new Democratic control, could push it past the 270 threshold needed to change the presidential election outcome.
• Support among newly elected Democratic governors and legislators varies, with some expressing openness to joining the compact while others remain noncommittal or focused on other priorities, and Republican opposition is expected to mount legal and political challenges.
• Legal experts predict constitutional challenges may arise, as the compact could face scrutiny over states' authority to bind electors collectively and potential violations of equal protection principles due to differing state ballots and voting rules.
• The movement to adopt a national popular vote gained momentum after two presidents, George W. Bush in 2000 and Donald Trump in 2016, won the presidency despite losing the popular vote, sparking debate over the fairness and relevance of the Electoral College system.