Doing Away With the Electoral College: What Would It Take?

The electoral college is one of the oldest and most distinctive features of American democracy. Outlined in Article II, Section 1 of the Constitution, it began as a compromise between giving the public a direct voice in choosing the president and preserving congressional power. Here is how the system worked originally, and how it changed with the 12th Amendment in 1804 and the 23rd Amendment in 1961.

How the System Works

Allocation: Each state receives a number of electors equal to its two senators plus its number of representatives in the House.

Method: The Constitution left the method of choosing electors to the states. As a result, some electors were chosen in statewide races, others by district, and others directly by state legislatures. Electors originally cast two separate votes for president, with the top vote getter becoming president and the runner-up becoming vice president.

Two Amendments, One System

The 12th Amendment (1804): required electors to cast distinct, separate ballots for president and vice president.

The 23rd Amendment (1961): granted the District of Columbia three electoral votes, giving Washington, D.C. residents a voice in presidential elections despite the city not being a state.

The Cracks in the Compromise

The electoral college has deep roots in the Founding Fathers’ distrust of the general public, whom they believed too easily swayed by spectacle rather than reasoned judgment. Today, opinions on its relevance vary widely, and the sharpest criticism traces back to the 2016 election. That year, Hillary Clinton won the popular vote by more than 2.8 million ballots but lost the presidency to Donald Trump, who secured the 270 electoral votes needed to win. The result reignited a long running debate over a system that can override the national popular will, and it gave new momentum to the National Popular Vote Interstate Compact (NPVIC).

The Push for a Popular Vote

States that join the NPVIC pledge their electoral votes to whoever wins the national popular vote, regardless of the outcome within their own borders. If enough states sign on to control 270 electoral votes, presidential campaigns would effectively shift their focus to the national vote rather than a handful of swing states. The compact currently stands at 222 electoral votes following Virginia’s recent addition, putting it 48 votes short of the threshold. Even so, those close to the effort remain cautious about its odds of success.

The Hurdles Ahead

Beyond the math, the NPVIC faces serious legal hurdles. Opponents are likely to argue that it violates the Constitution’s Compact Clause, which requires congressional approval for interstate agreements. Others may argue that the compact amends the Constitution’s framework without going through the formal amendment process. The movement to loosen the electoral college’s grip on presidential politics is real, but its success will depend on buy-in from mid-to-large states like Arizona, Pennsylvania, and Michigan, and on how it fares under judicial review.