Can States Really Change Who Gets Their Electoral Votes?

Published on April 15, 2026
Duration: 8:39

This video analyzes Virginia House Bill 965, which aligns the state with the National Popular Vote Interstate Compact. The compact aims to award electoral votes to the national popular vote winner, bypassing the state's popular vote outcome. The speaker, William Kirk, discusses the legality and constitutionality of such state actions, referencing Article 2 of the Constitution and Supreme Court rulings like McPherson v. Blacker and Ray v. Blair, suggesting states likely possess the plenary power to enact such changes. The primary takeaway is that fighting such legislation is most effective at the local and state election level, rather than solely through the courts after enactment.

Quick Summary

Virginia House Bill 965 aligns the state with the National Popular Vote Interstate Compact, meaning its electoral votes will go to the national popular vote winner. Legal precedent suggests states have plenary power to direct elector appointment, making such legislation likely lawful. The most effective fight is in state elections.

Chapters

  1. 00:00Introduction
  2. 00:48Virginia's New Electoral Vote Law
  3. 01:59National Popular Vote Interstate Compact
  4. 03:34Can States Legally Do This?
  5. 04:50Constitutional Basis for State Power
  6. 06:02Supreme Court Precedent
  7. 06:44How to Fight Such Legislation
  8. 07:42Conclusion and Resources

Frequently Asked Questions

What is Virginia House Bill 965?

Virginia House Bill 965 enacts a law that will automatically assign all of the state's electoral votes to the candidate who wins the national popular vote in a presidential election, regardless of the outcome of Virginia's own popular vote.

What is the National Popular Vote Interstate Compact (NPVIC)?

The NPVIC is an agreement between participating states and the District of Columbia to award their electoral votes to the winner of the national popular vote. Virginia's HB 965 makes it the 18th state to join this compact.

Do states have the legal authority to change how they allocate electoral votes?

Legal analysis and Supreme Court precedent, such as McPherson v. Blacker, suggest that states possess plenary power to direct the manner of appointing presidential electors, indicating they likely have the authority to enact such changes through legislation.

When is the best time to fight legislation like Virginia's HB 965?

The most effective time to fight legislation that alters electoral vote allocation is during local and state elections, by participating and voting for representatives who align with your views, rather than solely relying on court challenges after the law is enacted.

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