Proposed legislation would change how Michigan awards its presidential electors, but only if enough other states join in
Michigan lawmakers have introduced a pair of bills that would change how the state awards its electoral votes in presidential elections. While the proposal has sparked political debate, the concept behind it can be confusing because it does not eliminate the Electoral College. Instead, it would change how Michigan chooses its presidential electors.
HB 6213 & 6214
House Bill 6213 would have Michigan join the Agreement Among the States to Elect the President by National Popular Vote, an interstate compact commonly known as the National Popular Vote Interstate Compact. This is an agreement among participating states to award their electoral votes to the candidate who receives the most votes nationwide rather than the candidate who wins their individual state. House Bill 6214 is the implementation bill for changes to Michigan election law needed to carry out that agreement.
Simply Put
The bills are designed to address calls for electing the president by the national popular vote without eliminating the Electoral College. Because the Electoral College is established in the U.S. Constitution, states cannot simply ignore it. Instead, the proposal would change how the state awards its electoral votes based on the national popular vote while keeping the Electoral College intact.
How Michigan does it today
Under current law, Michigan is a winner-take-all state.
Whoever wins the statewide vote, even by a single vote, receives all of Michigan’s 15 electoral votes. Those electoral votes are then cast in the Electoral College, which formally elects the president.
This is how most states currently allocate their electoral votes.
What would change?
The proposed legislation would not change how Michigan residents vote. Voters would still cast ballots for president on Election Day, and Michigan’s votes would still be counted just as they are now.
The difference would come after the votes are counted.
If the interstate compact is in effect, Michigan would award all of its electoral votes to the candidate who wins the national popular vote, even if a different candidate won Michigan. The bill states that it is Michigan’s policy that “the candidate who receives the most votes nationwide should become President.”
The Electoral College would remain
These bills do not abolish the Electoral College.
The Constitution still requires presidential electors to cast electoral votes. Under the proposal, Michigan would continue appointing electors, but those electors would be pledged to the national popular vote winner instead of the winner of Michigan’s statewide election.
It wouldn’t take effect immediately
Even if Michigan enacted the bills, the new system would not automatically be used in the next presidential election.
The compact takes effect only after enough participating states collectively possess at least 270 electoral votes, the number needed to elect a president. Until that threshold is reached, member states continue to award their electoral votes under existing law.
An example
Here’s how the proposal would work in practice.
Imagine this election:
Michigan results
- Republican: 2.6 million
- Democrat: 2.5 million
The Republican wins Michigan.
Nationwide results
- Democrat: 81 million
- Republican: 79 million
The Democrat wins the national popular vote.
Under current law: Michigan would award all 15 of its electoral votes to the Republican because that candidate won Michigan.
Under the proposed bills (if the interstate compact should take effect): Michigan would instead award all 15 electoral votes to the Democrat because that candidate won the national popular vote.
The central change proposed by House Bills 6213 and 6214 is that Michigan voters would cast their ballots the same way they do today, but once the compact became active, the state’s electoral votes could go to a candidate who did not win Michigan if that candidate received the most votes nationwide.
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