As I write this, the National Popular Vote Interstate Compact (NPVIC) has been adopted by fourteen states and the District of Columbia, representing 189 electoral votes.
By way of background, the NPVIC is an attempt to do an end-run around the electoral college and effectively change our system to one in which the President is elected by popular vote. States agree to give award their electoral votes to whoever wins the national popular vote, and it takes effect once its approved by states representing 270 or more (i.e., the majority of) electoral votes. Some are insisting that the NPVIC violates the Constitution, but I don't see it. The Constitution grants the states broad latitude in determining how to award electors, and I don't see any realistic challenge to awarding them on the basis of the national popular vote.
There are reasonable arguments in favor of electing the President by popular vote. Ultimately, I prefer the electoral college system that we have. But I've addressed that before, and it's not the point of this post.
The point of this post is to address a procedural problem with the NPVIC that I have not seen addressed yet: uniformity. Right now, each has its own rules for the conduct of elections. Eligibilty rules, early voting rules and voting and validation procedures are different from state to state, with each state having the power to change its own rules without regard to what other states do. The NPVIC would do nothing to change that situation; short of a constitutional amendment, nothing will create uniformity.
One of the concerns is voting rules. Some states allow early voting, with varying windows to vote. Elections by mail are a thing in some states and not in others. And polling hours differ from state to state. All of these are concerns. But my bigger concern is about eligibility to vote and determination of who is on the ballot. And that's where the rest of this post focuses.
When I first heard of the NPVIC, I expressed concern that it would incentivize states to expand their voter roles in order to increase their influence. The minimum voting age is 18, but there's no reason that it can't be lowered to 16. Or 12. Or lower still. The laws regarding voting by convicted felons also vary from state to state; some states allow prisoners to vote, while in others anyone ever convicted of a felony is permanently disenfranchised.
Now, recently, Bernie Sanders is arguing that prisoners should be allowed to vote. And Nancy Pelosi is arguing to lower the voting age to 16. Some prominent Democrats have been arguing that noncitizens (and in some cases illegal immigrants) should be allowed to vote. Now, admittedly, they're not talking about doing it for their own states specifically, so these arguments aren't necessarilly about the NPVIC. But they are clearly about running up vote totals for Democrats by extending the franchise to people they believe would be natural Democratic party constituents.
On another front, legislators in some states have been pushing the idea of legally requiring candidates to release their tax returns in order to appear on the ballot. These pushes are couched in high-principled rhetoric about transparency, but the undeniable fact is that they're targeting Trump. I don't like the idea of such restrictions, but I don't have standing to object to how Washington or Connecticut conduct their elections -- as long as we're talking about their conduct of their own elections. But under a system where the vote within a state affects the other states' electoral votes, it's very different.
Related, there's the issue of California's peculiar Senatorial election procedures. In California (and, I think, Washington) there's one Senatorial primary with candidates from all parties. The top two finishers appear on the ballot in the general election. What that has meant in recent years is that their Senatorial elections have featured two democrats on the ballot. Of course, that's the Senate. But I don't believe there's anything to stop deeply partisan states from adopting a similar system for their presidential election. If that were to happen, it would severely impact the meaningfulness of the popular vote.
Finally, it's important to note that the Constitution doesn't even require that states let the people within vote in Presidential elections. Early on, some states' legislatures debated and determined who would get their electoral votes. A system that effectively determines the election by a national popular vote would create an external incentive for states to have their citizens vote. I suppose, for most people that's a feature. But I really don't like the idea of forcing states' hands like this.
Again, there are reasonable arguments in favor of a national popular vote, but doing it through means that don't create uniform election rules is not a good idea.