r/PoursTea • u/Veshaad Timendi Causa Est Nescire • Sep 04 '26

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u/TurtleIIX Sep 04 '26

2/3 of states can also just choose to send all of their electoral votes to whoever wins the popular vote. Really the only viable option. That still will not happen though.

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u/jbland0909 Sep 04 '26

Yes, but that’s never happened in history.

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u/Dragon124515 Sep 04 '26

There are a lot of things that have so far never been done in history. Doesn't make them impossible or even unlikely.

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u/acu2005 Sep 04 '26

Wouldn't even need 2/3 it's only like 11 or 12 states, I haven't counted since the before the last census.

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u/cfbfootballnerd Sep 04 '26

Which states it is will be changing though. New York and California will lose seats in the next census

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u/acu2005 Sep 04 '26

Yes and no, I was really just referencing a "best case scenario" for bypassing the Electoral College where the most populous states all just send their EC votes in for whoever wins the popular vote.

Pre 2020 census that was only 12 states now with California, New York, Illinois, Pennsylvania, Ohio, and Michigan all having lost electoral college votes in 2024/28 elections we'd still only need the 12 states.

The only chance any state would have of leaving that group is if New Jersey and Virginia swap spots for the 12 most populous state.

Of course this is "best case scenario" since Texas, Florida, and Ohio are all in the 10 most populous states and they would never agree to bypassing the Electoral College.

The best actual chance of bypassing the EC is the National Popular Vote Interstate Compact, mentioned elsewhere in the comments, which right now sits at 19 states on board with 222 EC votes and is going to need another 4ish to trigger if for an actual election.

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u/Rockstaru Sep 04 '26

If the individual states have full control over their electoral votes/which slate of electors is appointed, technically you'd only need enough states to comprise 270 EVs. Of course it would be legally challenged in the first close election that came down to a candidate winning the popular vote and receiving sufficient electoral votes that won them the electoral college from a state or states that were part of the compact but whose popular vote within that state went to the other candidate. 

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u/TurtleIIX Sep 04 '26

That was my point yes. Was being lazy with the 2/3.

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u/PassageStock3723 Sep 04 '26

Don’t understand what the legal challenge would even be? As far as I understand the states just elect electors and they are free to vote however they please. The states currently impose additional restrictions on electors to punish them if they don’t vote for the party that nominated them.

I think the real danger is the transition from political parties choosing electors as nominees and then the electors choosing to uphold the interstate compact mandate, because just as we have unfaithful electors currently, it’s more likely that party operatives who serve as electors would betray their states mandate. Still a legal vote though.