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Defending the Electoral College and the Constitution since 2009
A bipartisan majority in the Maine House of Representatives passed LD 252 to repeal the state’s participation in the National Popular Vote interstate compact, just a year after the state had signed on to the scheme.
This is a historic step, as no state has yet repealed NPV (although the compact has lost ground due to reapportionment).
Debate in the House was fascinating, as no NPV defender actually defended NPV. The entire debate focused on the merits of the Electoral College—despite the fact that the NPV compact was the issue, and is seriously flawed. Even the law professors who developed the concept for NPV have criticized the compact as currently drafted.
The unique flaws and uncertainties about NPV include:
- lack of coordination for compact states;
- reliance on non-compact states;
- (or) the potential to ignore states; and
- relying on state and federal judges.
These technical defects are in addition to the compact's total silence on issues like recounts, election contests, and curveballs like Demeny voting. There is also a serious conflict with ranked-choice voting that some NPV proponents don’t even understand.
Maine voters deserve a voice in presidential elections. They also deserve serious policymaking, especially when it comes to the democratic process. Thankfully, their state has taken one step toward rolling back the NPV compact.