Nevada Democrats look at changing how president is elected

Nevada residents may see a shift in how the nation selects its president following Tuesday's midterm elections. Democrats now hold full control in six states that were previously under Republican or divided rule. This change moves the National Popular Vote Interstate Compact closer to the threshold required to effectively bypass the Electoral College.

The compact currently includes 18 states accounting for 222 Electoral College votes. The arrangement activates when member states hold at least 270 votes. At that point, the states collectively pledge their electors to the candidate who wins the national popular vote. This mechanism would require a winner to secure the most votes nationwide rather than winning a specific set of swing states.

Tuesday’s results added potential weight to the coalition. Democrats gained control in Arizona, Michigan, Minnesota, Nevada, Pennsylvania, and Wisconsin. These six states hold 71 Electoral College votes combined. Minnesota has already joined the compact. If Pennsylvania and Wisconsin follow, the group needs either Michigan, Arizona, or Nevada to reach the critical 270 mark.

Leaders in the newly Democratic states are expressing varying levels of interest in joining the pact. Wisconsin Governor David Crowley said he is interested in conversations with the state legislature about ending the Electoral College. Pennsylvania Governor Josh Shapiro stated he believes the national popular vote makes sense and will work with lawmakers to determine the next steps. In Nevada, incoming Governor Aaron Ford’s office said the state will address presidential election mechanics after focusing on lowering costs for working families.

Not all Democratic leaders are ready to commit. Arizona Governor Katie Hobbs declined to say if she favors joining the compact, noting her focus is on the cost of living. Michigan Governor Jocelyn Benson’s office did not comment on the matter. Nevada has a history with this issue. Governor Steve Sisolak vetoed a bill to join the compact in 2019, arguing it would diminish the influence of smaller states like Nevada.

Opposition is already forming. Republican leaders in Wisconsin warned that the compact would undermine the state’s voice in choosing the president. Tyler August, the Republican leader in the Wisconsin Assembly, said the move could disenfranchise local voters by letting results in other states override their choice. Conservative groups also anticipate legal challenges. The America First Policy Institute wrote in September that the plan violates the Constitution and undermines the Founders' intent.

Legal scholars point to potential constitutional hurdles. Derek Muller, a law professor at Notre Dame, noted that states have the power to run elections but may not have the authority to set rules that determine outcomes in other states. He cited the 14th Amendment's equal protection clause as a possible area of conflict. The U.S. Supreme Court has ruled that states can require electors to vote for the candidate they are pledged to, which supports the compact’s mechanism. Muller said the Supreme Court will likely be interested in the legal questions that arise if the compact activates.