Committee backs resolution urging legal challenge to National Popular Vote compact

Senator Jonathan Sickler, R‑District 17 of Grand Forks, told the House Finance and Taxation Committee he introduced Senate Concurrent Resolution 4013 to organize a group of states to challenge the National Popular Vote Interstate Compact if that compact ever reaches the 270‑electoral‑vote threshold and becomes effective.

The resolution would invite states not in the National Popular Vote Interstate Compact to join an opposing compact that would form a legal challenge only if the original compact became operative. Sickler told the committee the National Popular Vote compact currently represents 209 electoral votes and “that compact takes effect once they get to a majority,” meaning 270 electoral votes, and his measure is built to respond if it ever reaches that point.

Sickler argued the Electoral College preserves geographic representation and said a national popular vote would push candidates toward population centers. "We are a Democratic Republic, not a straight democracy," he said. He told the committee the opposing compact would be prepared to mount a constitutional challenge and that his written testimony cites legal analyses supporting why the National Popular Vote Compact could be vulnerable in court.

A member of the public, Vicky Waldau Rosenau of Valley City, testified in opposition during public comment, calling the Electoral College “antiquated” and arguing for a direct popular vote. "The antiquated undemocratic electoral college system for electing the president of The United States Of America needs to be abandoned and assuredly not endorsed," Rosenau told the committee.

Committee members asked about timing, legal differences between compacts and whether the proposed opposing compact could face the same constitutional problems. Sickler said his draft is framed as a less‑formal cooperation agreement and would not present the same congressional‑approval question that the National Popular Vote Compact raises under the U.S. Constitution, according to his testimony.

Representative Olson moved to recommend a due pass on SCR 4013; Representative Machtenbacher seconded. The committee recorded the following vote on the due‑pass recommendation: Chairman Hedlund, Yes; Vice Chair Haggart, Yes; Representative Anderson, Yes; Representative Dockser, Yes; Representative Dressler, Yes; Representative Greenheck, Abstain; Representative Machtenbacher, Yes; Representative Nehring, Yes; Representative Olson, Yes (mover); Representative Porter, Yes; Representative Steiner, Yes; Representative Toman, Yes; Representative Fosse, No; Representative Ista, No. The clerk announced the tally as 11 Yes, 2 No, 1 Abstain; motion carried.

With the committee recommendation, the resolution advances from the committee to the next House floor steps for consideration.