Brendan Nyhan

California assembly passes National Popular Vote

The movement led by National Popular Vote to award the presidency to the candidate with the most votes via an interstate compact took a step forward on Tuesday as the California Assembly approved the measure:

Seeking to force presidential candidates to pay attention to California’s 15.5 million voters, state lawmakers on Tuesday jumped aboard a new effort that would award electoral votes to the candidate who wins the popular vote nationwide.

As it is now, California grants its Electoral College votes to the candidate who wins the popular vote in the state. Practically speaking, that means Democrat-dominated California spends the fall presidential campaign on the sidelines as candidates focus on the states — mostly in the upper Midwest — that are truly up for grabs.

Under a bill passed by the Assembly, California would join an interstate compact in which states would agree to cast their electoral votes not for the winner in their jurisdictions but for the winner nationwide. Proponents say that would force candidates to broaden their reach to major population centers such as California.

The bill is part of a 3-month-old movement driven by a Bay Area lawyer and a Stanford computer science professor. The same 888-word bill is pending in four other states and is expected to be introduced in every state by January, its sponsors say. The legislation would not take effect until enough states passed such laws to make up a majority of the Electoral College votes — a minimum of 13 states, depending on population.

“This is a bill that would allow California to be able to play a role in presidential elections,” said Barry Fadem, the Lafayette, Calif., lawyer spearheading the drive. Now, because the state is largely ignored, he said, “A vote in California is not equal to a vote in Ohio, and everyone would concede that.”

The bill — AB 2948 by Assemblyman Tom Umberg (D-Anaheim) — cleared the Assembly 49 to 31 with a single Republican vote from Assemblyman Rick Keene (R-Chico). To become law, it must be passed by the Senate and signed by Gov. Arnold Schwarzenegger, a Republican.

Fadem said he was surprised by the partisan divide in the Assembly vote. In the New York Legislature, Republicans introduced the bill, he said, and they support it in Illinois, Missouri and Colorado.But Republican Assembly members warned that the bill would empower big cities — whose residents tend to vote for Democrats — at the expense of small states.

If the compact is enforceable — a big if — I’m all for it, but it’s not a good sign that it’s passing the California legislature on a party line vote. This will only work if both parties support it. And remember that days before the 2000 election George W. Bush’s campaign thought he would be the candidate who won the popular vote and lost the Electoral College. Everyone has an interest in preventing that from ever happening again.