An Exploration of Alternatives
A constitutional amendment to replace the Electoral College is not feasible, at least for the foreseeable future. The National Popular Vote Interstate Compact plan, as a method of nullifying the Electoral College without a constitutional amendment, is a seriously flawed idea for several reasons, the most significant of which is that it would award the presidency to a plurality winner of the national popular vote. Thus, if there were a three-way split in the popular vote—for example, 43 percent, 42 percent, 15 percent—the compact would award the presidency to the candidate with 43 percent even though 57 percent of the electorate strongly opposed that candidate. The fear that an independent candidate could cause Trump’s re-election even when roughly 60 percent of voters oppose this, because the opposition is split among two (or more) candidates, applies equally to the existing system and the compact. Litigation is unlikely to eliminate plurality winner-take-all. States must act.