FACT BRIEFIs Nevada considering a bill that would award its electoral votes to the presidential candidate who wins the popular vote?
YES
Both chambers of Nevada’s Legislature have voted to pass AJR6, a bill that would make Nevada the 17th state to sign onto the National Popular Vote Interstate Compact. Currently, 16 states and the District of Columbia have adopted the compact.
Under NPVIC, states pledge their electoral college votes to the winner of the nationwide presidential popular vote, ensuring the victory of that candidate if enough states sign on to provide a 270 electoral-vote majority.
If Gov. Joe Lombardo signs AJR6, the NPVIC would have 211 electoral college votes.
The U.S. Supreme Court has not heard any cases related to the compact, meaning there is currently no ruling on its constitutionality.
Critics say the compact violates Article I, Section 10, Clause 3 of the Constitution, which states that states cannot enter into compacts with each other without the permission of Congress. However, current legal precedent on this clause states that this only applies to compacts that encroach on federal power.
This Fact Brief is responsive to conversations such as this one.
Sources
Nevada Legislature AJR6
National Popular Vote Agreement Among the States to Elect the President by National Popular Vote
OLR Research Report Constitutionality of Interstate Compacts
Casetext Seattle Master Builders v. Pacific N.W. Elec, 786 F.2d 1359
US Supreme Court Chiafalo et al. v. Washington
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