Simone Lawson
The Electoral College, established by Article II, Section 1 of the US Constitution, has faced numerous attempts at abolition or reform since its inception in 1787. The College has been criticised for its potential to undermine public confidence in democracy, distort the popular will, and create a constitutional crisis. While some have proposed constitutional amendments to abolish or reduce the power of the Electoral College, others have suggested alternatives such as the National Popular Vote Interstate Compact (NPVIC). The NPVIC aims to achieve a similar outcome to abolishing the Electoral College without the need for a constitutional amendment, but it has been criticised as a threat to the stability of the presidential election process. Given the polarised political environment and the entrenched support for the Electoral College among Republicans and Republican voters, it seems unlikely that a constitutional amendment to abolish the Electoral College will be passed anytime soon.
| Characteristics | Values |
|---|---|
| Is a constitutional amendment necessary? | Yes |
| How can the Electoral College be abolished? | Only by amending the Constitution |
| What is the current system for electing the U.S. president based on? | Article II, Section 1 of the Constitution |
| What is the National Popular Vote Compact (NPV)? | A scheme to bypass the constitutional amendment process and abolish the Electoral College |
| How many states have entered the NPV compact? | 270 out of 538 |
| How many state legislatures would need to ratify an amendment? | 38 out of 50 |
| How many votes are needed in Congress to pass an amendment? | Two-thirds |
| How many states would need to approve an amendment? | Three-fourths |
| Who are the lead objectors to proposals to abolish the Electoral College? | Senators and conservatives from small states, both Democrats and Republicans |
| What is the main argument of those who want to keep the Electoral College? | That abolishing it would reduce their states' political influence |
| How many proposals to abolish or modify the Electoral College have there been in total? | Over 700 |
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What You'll Learn
The National Popular Vote Interstate Compact (NPVIC)
The NPVIC was introduced in 2006, and as of May 2025, 17 states and the District of Columbia have joined, accounting for 209 electoral votes (39% of the Electoral College). The compact will only take effect when states with a majority of electoral votes (270 of 538) have joined. This means that the compact will only be enacted when it can guarantee that the candidate receiving the most popular votes nationwide will become President.
The NPVIC was created in response to the 2000 U.S. presidential election, in which Al Gore won the popular vote but lost the Electoral College vote to George W. Bush. This sparked proposals for electoral college reform, including the NPVIC. The compact is based on the idea that states can pressure Congress to pass a constitutional amendment by acting together to pledge their electoral votes to the winner of the national popular vote.
There is ongoing legal debate about the constitutionality of the NPVIC, with interpretations of the Compact Clause of Article I, Section X, and states' plenary power under the Elections Clause of Article II, Section I being questioned. Despite this, the NPVIC has gained support from states such as Colorado, Virginia, and Maine, which have passed legislation to join the compact.
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Constitutional amendment process
The Electoral College has been a topic of debate in the United States for decades, with many attempts to abolish or reform it through constitutional amendments. The process of amending the Constitution is deliberately challenging and time-consuming, as the Founding Fathers intended for the Constitution to "endure for ages to come".
The authority to amend the Constitution comes from Article V of the Constitution. There are two ways to propose an amendment:
- Congressional Proposal: A proposed amendment must be passed by a two-thirds majority vote in both the House of Representatives and the Senate. The President does not have a role in this process.
- Constitutional Convention: Two-thirds of state legislatures (34 states) can request Congress to call for a Constitutional Convention to propose an amendment. However, this method has never been used in the history of constitutional amendments.
Once an amendment is proposed, it must be ratified. Ratification can occur in two ways:
- State Legislatures: Ratification by state legislatures requires approval from three-fourths of the states (38 states).
- Constitutional Convention: If the amendment is proposed by a Constitutional Convention, it is ratified by a simple majority vote of the state legislatures.
After ratification, the Archivist of the United States, who heads the National Archives and Records Administration (NARA), certifies that the amendment is valid and has become part of the Constitution. This certification is published in the Federal Register and U.S. Statutes at Large, serving as official notice to Congress and the nation that the amendment process is complete.
The process of amending the Constitution to abolish or reform the Electoral College has faced significant challenges. While there have been multiple proposals in Congress, none have successfully become amendments. The closest the United States came to abolishing the Electoral College was during the 91st Congress (1969-1971). However, the proposal ultimately failed due to opposition from senators and conservatives arguing that it would reduce their states' political influence.
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Direct popular vote
The Electoral College is established by Article II, Section 1 of the US Constitution. Changing or eliminating it would require a constitutional amendment, which is a challenging and laborious process. A two-thirds vote in both houses of Congress and the ratification of three-fourths of the states (38 out of 50) would be necessary for such an amendment to be approved.
There have been numerous attempts to abolish or reduce the power of the Electoral College and introduce direct popular voting for the US president and vice president. The closest the US came to abolishing the Electoral College was during the 91st Congress (1969-1971). In October 1969, the New York Times reported that 30 state legislatures were likely to approve a constitutional amendment for direct popular voting. However, the proposal ultimately failed to pass.
In more recent years, the National Popular Vote Interstate Compact (NPVIC) has emerged as an alternative to the constitutional amendment process. The NPVIC is a system where states agree to award their electoral votes to the winner of the national popular vote. Supporters of the NPVIC aim to bypass the constitutional amendment process and effectively abolish the Electoral College. However, critics argue that this approach undermines the stability of the presidential election process and diminishes the voice of smaller states.
Despite the challenges, public sentiment towards direct popular voting appears to be growing. Polling in 2019 found that 50-53% of Americans preferred a direct popular vote, while 34-43% wanted to maintain the Electoral College system. Partisan divisions exist, with Democratic voters and officials generally more supportive of abolishing the Electoral College, especially after recent elections where the popular vote winner lost the Electoral College.
While a constitutional amendment to abolish the Electoral College may not pass in the current political environment, the ongoing debate highlights the desire for a more direct and representative voting system in the US.
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The 12th Amendment
While the 12th Amendment has been effective in preventing ties in most elections, there have been proposals to abolish or reform the Electoral College. Some argue that it should be replaced with a direct popular vote to elect the President and Vice President. However, abolishing the Electoral College would require a constitutional amendment, and previous attempts to pass such an amendment have failed.
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Reforming the Electoral College
The Electoral College has faced criticism due to instances where the winner of the popular vote has lost the Electoral College, as happened in 2000 and 2016. Polling suggests that Americans are divided on the issue, with a 2019 poll finding that 53% wanted a direct popular vote, while 43% wanted to keep the Electoral College. There are clear partisan divisions, with 73% of Democrats supporting abolition in 2000, compared to 46% of Republicans.
Abolishing the Electoral College would reduce the political influence of smaller states, which partly explains the opposition to reform. An alternative to a constitutional amendment is the National Popular Vote Interstate Compact (NPVIC), which aims to bypass the amendment process by gaining enough states to reach a majority of electoral votes (270 out of 538). However, this approach also faces challenges, including potential constitutional issues.
Despite the various proposals and attempts at reform, the Electoral College remains entrenched due to the polarized political environment and the difficulty of amending the Constitution.
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Frequently asked questions
The Electoral College is the current system for electing the US president. It was established in 1787 and is mandated by the US Constitution. The Electoral College system allows for the election of the president by a vote of Congress or the election of the president by a popular vote of qualified citizens.
There have been over 700 proposals to abolish or modify the Electoral College in the last two centuries. Those in favour of abolishing it argue that it undermines public confidence in American democracy, distorts the popular will, and creates a genuine constitutional crisis. In two of the last five presidential elections, the candidate who won the popular vote lost the Electoral College.
Abolishing the Electoral College would require a constitutional amendment. This would need to be passed with a two-thirds vote in both houses of Congress and then ratified by three-quarters of state legislatures (38 out of 50 states).
