National Popular Vote on NJ governor’s desk

This excerpt from New Jersey’s Gannett desk says it all:

On the same day the presidential race kicked off with the Iowa caucuses, the state Senate gave final legislative approval to adding New Jersey to an interstate compact to skirt the Electoral College by requiring the state’s electors to cast their vote for president and vice president based on the national popular vote winner.

The compact might never take effect, and electors chosen this year will still back the winner in New Jersey.

The legislation, passed 21-12, in effect circumvents the Constitution without an amendment by changing the way presidents are elected. The bill, passed by the Assembly in December, now heads to Gov. Jon S. Corzine, who is expected to sign it.

Well, almost. Sadly the belief is that NPV somehow “circumvents” a constitutional provision that elections be held state-by-state on an at-large, plurality basis. No such provision exists. The framers left open the question of how to elect a president for want of compromise on any manner of (s)election:

The Founding Fathers gave the states exclusive and plenary control over the manner of awarding of their electoral votes. The winner-take-all rule is not in the U.S. Constitution. It was used by only 3 states in the nation’s first presidential election. Maine (since 1969) and Nebraska (since 1992) award electoral votes by congressional districts—another reminder that a federal constitutional amendment is not required to change the way the President is elected.

If Corzine signs, the compact will be 15 electors closer to implementation – not likely to be in effect this year, but a possibility for 2012.