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State Government Committee hears arguments for and against the National Popular Vote Interstate Compact

3119576 · April 25, 2025
AI-Generated Content: All content on this page was generated by AI to highlight key points from the meeting. For complete details and context, we recommend watching the full video. so we can fix them.

Summary

At an informational hearing, national and state experts told the State Government Committee about the National Popular Vote Interstate Compact, debating its legality, likely effects on campaigning and recounts, and whether Pennsylvania should join states that have enacted it.

The State Government Committee convened an informational meeting to hear experts and advocates about the National Popular Vote Interstate Compact and ranked-choice voting. The committee heard detailed arguments about how the compact would allocate Pennsylvania's 19 electoral votes to the nationwide popular vote winner once states holding a majority of electors (270) have joined.

Supporters said the compact is a lawful, state-based way to ensure the candidate who receives the most votes nationwide becomes president. Dr. Amy Weidstrom, Executive Director of the League of Women Voters of Pennsylvania, told the committee, "We believe the candidate who earns the most votes should win, an idea that is both simple and foundational to public trust in democracy." Philip Hensley Robin, executive director of Common Cause Pennsylvania, said the compact "would bring states together in an interstate compact to mutually pledge their electors to the winner of the national popular vote." Christopher Pearson of National Popular Vote cited federal law and compact language to say states already produce a conclusive count and that the compact simply sums those results.

Supporters framed the compact as a state-level exercise of constitutional authority over electors. "How states allocate their electoral votes has always been up to the states," Dr. Weidstrom said, and Robin pointed to Supreme Court precedent that states have "exclusive and plenary power to choose the method of appointing their presidential electors." They noted that 17 states plus the District of Columbia and several additional jurisdictions have enacted the compact and that those jurisdictions now hold 209 electoral votes; the compact takes effect when member states total 270 electors.

Opponents told the committee the compact raises structural and practical questions. Trent England, founder and executive director of Save Our States, said the compact "freezes in time the way elections worked in 2006 when it was written, and makes no account for the changes that we've seen in the way states hold their elections." He described the compact as an "adhesion contract" and warned it lacks provisions to resolve interstate conflicts, recount standards, or thresholds to prevent low‑plurality winners under a national plurality outcome. England argued the compact could encourage third‑party campaigns and create incentives that differ from historical constitutional design.

Committee members asked about potential disenfranchisement in a circumstance where Pennsylvania's statewide majority differs from the national popular vote. Representative Chris Rabe, who introduced the topic, and panelists debated whether the compact would decrease or increase voters' incentives to participate; supporters said campaigns would be incentivized to campaign nationwide and that voters in all states would matter more, while opponents said the design could produce outcomes at odds with a state majority in particular elections.

Panelists also discussed litigation and recounts. Christopher Pearson said federal law requires a timely and conclusive state vote count ahead of the meeting of electors and argued that a national popular vote would reduce litigation risk because nationwide margins are typically much larger than margins in the small number of battleground states that decide current contests. Trent England disagreed, saying the compact's silence on recount procedures and conflicts could create new uncertainty.

The committee did not take formal action. Members asked clarifying questions about how many jurisdictions have enacted the compact (panelists said 17 states plus the District of Columbia, collectively holding 209 electoral votes as of the hearing) and about whether congressional consent is required (panelists cited differing legal views and precedent, including McPherson v. Blacker and compact jurisprudence). No votes or directions to staff were recorded.

Why it matters: joining the compact would change how Pennsylvania's presidential electors are pledged and would take effect only after states holding a majority of electoral votes enact the same law. That threshold and legal questions about interstate compacts, recounts and the interaction with alternative voting laws were central to the committee's discussion.

Panelists and key remarks

- Representative Chris Rabe (legislator) opened the hearing and described the compact as a way to bring "1 person, 1 vote" to presidential elections.

- Dr. Amy Weidstrom, Executive Director, League of Women Voters of Pennsylvania (nonprofit): "We believe the candidate who earns the most votes should win, an idea that is both simple and foundational to public trust in democracy."

- Philip Hensley Robin, Executive Director, Common Cause Pennsylvania (nonprofit): "The national popular vote law we're advocating for would bring states together in an interstate compact to mutually pledge their electors to the winner of the national popular vote."

- Trent England, Founder & Executive Director, Save Our States (nonprofit): "The devil really is in the details... the National Popular Vote Compact... is what you call in law school an adhesion contract."

- Christopher Pearson, National Popular Vote (former Vermont state senator): argued that federal law and compact text provide for a timely, conclusive count and that disputes would be addressed through existing administrative and judicial channels.

Ending: Committee members thanked the panelists and set no formal follow-up or votes during the informational session. The hearing then recessed before a second panel on ranked-choice voting.