The Independent View: DE Senate Passed the National Popular Vote Bill

The National Popular Vote Bill would Guarantee the Presidency to the Candidate who Receives the Most Popular Votes in All 50 States and the District of Columbia. To do this, you need enough States with 270 Electoral Votes to Send their Electors to the Electoral College.

It has been Enacted into Law in 12 States with 172 Electoral Votes (CA, CT, DC, HI, IL, MA, MD, NJ, NY, RI, VT, WA).

The Colorado House of Representatives passed the National Popular Vote Bill, after a Four-hour Debate. The Bill now goes to Governor Polis, who has Publicly stated that he Supports the Bill. After the Bill is Signed, Colorado will be the 13th Jurisdiction to Enact the National Popular Vote Bill. The Enacting States will then will have 181 Electoral Votes, 89 away from the 270 needed to bring the Bill into Effect.

On February 26th, 2019, the Nevada Assembly Committee on Legislative Operations and Elections heard AB 186, the National Popular Vote Plan Bill. It has Nine Assembly Sponsors and Three Senate Sponsors, All Democrats. The Hearing lasted Two hours. Democrats have Majorities in both Houses of the legislature, and the Governor is a Democrat, so this Bill is somewhat likely to Pass. Nevada, with its Six Electoral Votes, would bring the Tally to 187.

The Delaware Senate Passed the National Popular Vote bill by a Bi-Partisan 14-7 Vote. The Delaware Senate thus became the 37th state Legislative Chamber to Pass the Bill. The Bill SB22 now goes to the Delaware House of Representatives where it is Sponsored by 25 of the 41 Members. The Bill has Passed the House on Two previous occasions, but had not previously passed the Senate.

In New Mexico, the Bill has Passed the House and is now being considered by the Senate. The Bill has been introduced in 20 States so far during 2019.

The Shortcomings of the Current System of Electing the President stem from "winner-take-all" Laws that have been Enacted at the State Level. These Laws Award 100% of a State's Electoral Votes to the Candidate receiving the most Popular Votes in each State. Because of these State Winner-Take-All Laws, Five of our 45 Presidents, including Two of the last Three, have come into Office without having Won the most Popular Votes Nationwide.

Another problem occurs in every Presidential Election, namely that Presidential Candidates have No Reason to Campaign in, or Pay attention to, Voters in States where they are Safely Ahead or Hopelessly Behind.

It does not take an Amendment to the U.S. Constitution to Change Existing State Winner-Take-All Laws. State Winner-Take-All Laws were Enacted by State Legislatures under their Authority under Article II of the U.S. Constitution: "Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors...."

These State Laws may be Changed in the same way as they were Originally Enacted, namely by Action of the State Legislature.

The Winner-Take-All method of Awarding Electoral Votes was Not the Founding Fathers' choice. It was used by only Three States in the Nation's First Presidential Election in 1789, and Repealed by all Three by 1800. Winner-Take-All was Never Debated at the Constitutional Convention or mentioned in the Federalist Papers.