Much of the controversy surrounding the Electoral College stems from the possibility that the College has the potential to produce a winner who has failed to garner a plurality of the national popular vote. While running projections for the 2012 contest, Jakkenoted another problem: there are quite a few scenarios in which no candidate receives the requisite 270 electoral votes, requiring the incoming House of Representatives to choose a President (selecting from among the top 3 EV getters, but in the most likely scenario choosing from among the two candidates deadlocked in a 269-269 tie), with each state delegation casting one vote.
Were the current House to vote for President, the process would be reasonably tidy, considering Republicans control 33 state delegations, with 26 needed for victory. Fortunately for Democrats and political observers who enjoy havoc, the problem would fall to the next Congress, which may feature more state delegations evenly divided between the two parties. Evenly divided states, such as Minnesota’s presently elected four Democratic and four Republican Members, will break the tie via America’s most sacred conflict resolution mechanism, the duel. It’s in the Constitution, I’m sure of it.
Anyway, consider the contingent House election problem to be another in a series of evils perpetuated by the Electoral College. Fortunately, opponents of the college created a plan to avoid the cumbersome constitutional amendment process and end the electoral college through an interstate compact that would ensure that the winner of the national popular vote would become President. It’s called the National Popular Vote Interstate Compact:
Under the U.S. Constitution, the states have exclusive and plenary (complete) power to allocate their electoral votes, and may change their state laws concerning the awarding of their electoral votes at any time. Under the National Popular Vote bill, all of the state’s electoral votes would be awarded to the presidential candidate who receives the most popular votes in all 50 states and the District of Columbia. The bill would take effect only when enacted, in identical form, by states possessing a majority of the electoral votes—that is, enough electoral votes to elect a President (270 of 538).
And we’re halfway there:
A national movement aimed at sidelining the Electoral College in presidential elections got a big boost Monday when Gov. Jerry Brown signed legislation adding California to the list of states supporting the drive. Brown’s signature makes California the ninth state to sign on to the effort, which would hand the electoral votes of all participating states to the presidential candidate who wins the most votes nationwide. Currently, California’s 55 electoral votes go to the person who wins the most votes in the state.
Like all clever schemes, it has its own issues, potentially running afoul of the Voting Rights Act. But it’s worth a shot. 138 electoral votes to go.
(Map generated via 270towin.com)

