On June 28, the California State Senate Elections Committee passed AB 2948 by a vote of 3-1. It had already passed the Assembly. It seems likely that the California legislature will be the first legislature to pass the “National Popular Vote Plan”, which calls for a compact of states, each pledging to choose presidential electors pledged to vote for the presidential candidate who got the most votes in the nation. The compact would not go into effect until states containing a majority of electoral votes had joined.
Why wait until there is enough states with a majority of electoral votes? California itself can influence the campaigning now (ie 2008 campaign)with an immediate effect of the law. But at least California gets the compact a long way there. ~20% of the electoral votes towards the majority.
I think such a law would still require a constitutional amendment.
I don’t think there is a constitutional question because the state is still deciding how to allocate its electoral votes as it wishes.
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