HB 177 has passed the House of Delegates in 2020 and is now before the Virginia Senate. This Bill allows Virginia to join the national compact of presidential electors, which allows the pledged states in the compact to require their presidential electors to vote for the presidential candidate that wins the national popular vote. Read more here.
This is a terrible idea and completely circumvents the intention of the Electoral College. What is happening is instead of each state assigning their electors on a winner takes all approach, they are agreeing to pledge their electors to vote for the presidential candidate that wins the national popular vote. It is very possible that electors in a state would vote for a presidential candidate that did not receive the majority of the popular vote for that state.
The National Popular Vote Compact on its face violates Article I, Section 10, Clause 3 of the Constitution reads: “No State shall, without the Consent of Congress . . . enter into any Agreement or Compact with another State, or with a foreign Power”. However, Article II Section 1 of the Constitution allows state to pledge electors “in a manner as the Legislature may direct”. So the possibility of the Compact becoming law and being enforceable is very possibly.
Currently there are 196 pledged electors to the compact, and Virginia carries 13. We must write to our State Senators and express our opinion that Virginia should not enter the compact. Whether Virginia does or does not is entirely based on what happens in the 2021 Senate session. To find your senator click here: https://whosmy.virginiageneralassembly.gov/