Proposing an amendment to the Constitution of the United States to abolish the electoral college and to provide for the direct election of the President and Vice President of the United States.
- Sponsor
- Rep. Cohen, Steve [D-TN-9]
- Committees
- Judiciary Committee (primary)
- Last action
- Oct 1, 2026
Bottom line
This joint resolution proposes a constitutional amendment to replace the Electoral College with a national popular vote system for presidential and vice-presidential elections.
What it actually does
This joint resolution proposes an amendment to the United States Constitution that would abolish the Electoral College. If ratified, it would establish a system where the President and Vice President are elected directly by a national popular vote, with the pair of candidates receiving the greatest number of votes winning the election.
Proponents argue
Proponents argue that abolishing the Electoral College and moving to a national popular vote would ensure that every vote counts equally, thereby increasing voter turnout and better reflecting the national will. They contend it would make presidential elections more democratic and force candidates to campaign across a broader geographic and demographic spectrum, rather than focusing solely on swing states.
Opponents contend
Opponents contend that abolishing the Electoral College would undermine the principle of federalism, diminish the influence of smaller states, and could lead to a 'tyranny of the majority.' They argue that the current system protects the interests of less populous states and encourages candidates to build broad coalitions across diverse regions, rather than concentrating efforts only in densely populated areas.
The bill text is exceptionally short and clear, making it highly accessible for any reader to understand its core proposal within minutes.
Article --, Section 1
Abolition of Electoral College and Direct Election
This section proposes to amend the Constitution to state that the President and Vice President shall be elected directly by the people of the several States and the district constituting the seat of government (Washington D.C.). This provision explicitly removes the Electoral College system, replacing it with a national popular vote.
Supporters argue
Supporters argue this ensures 'one person, one vote' equality, making every individual vote contribute directly to the national outcome, regardless of the voter's state of residence. They believe it would increase voter engagement and make the presidency more accountable to the national majority.
Critics contend
Critics contend this provision would marginalize the concerns of smaller states, as presidential candidates would likely focus their attention and resources primarily on densely populated areas. They argue it would fundamentally alter the balance of power envisioned by the Founders, who sought to protect minority state interests.
Tradeoffs
The provision balances the democratic ideal of direct popular sovereignty against the federalist principle of state representation and the protection of smaller states' influence in national elections.
Article --, Section 2
Single Vote for Paired Candidates
This section specifies that each voter will cast a single vote for two persons who have agreed to run together as candidates for President and Vice President. This maintains the current practice of a presidential ticket, where voters choose a combined slate rather than separate candidates for each office.
Article --, Section 3
Plurality Election Rule
This section establishes that the pair of candidates for President and Vice President who receive the greatest number of votes nationwide shall be elected. This means a simple plurality (more votes than any other ticket) is sufficient for victory, without requiring an absolute majority (more than 50% of all votes cast).
Article --, Section 4
Congressional Authority for Contingencies
This section grants Congress the power to enact laws addressing specific contingencies in presidential elections. These include cases where a candidate for President or Vice President dies or is otherwise disqualified before the election results are finalized, and situations where there is a tie in the national popular vote.
Article --, Section 5
Effective Date
This section stipulates that the proposed constitutional amendment would take effect one year after the first day of January following its ratification. This provides a transition period for states and federal agencies to adapt their election laws and procedures to the new system before it comes into force.
Grants Congress the power to provide by law for cases of death or disqualification of candidates before the election of the President-elect or Vice President-elect, and for cases of a tie in any election.
Article --, Section 4
Why it matters:This is standard legislative practice for constitutional amendments, as the Constitution typically sets broad principles and delegates specific implementation details to Congress. It is not intended to be evasive but rather to provide necessary flexibility.
Case for: Proponents argue that this flexibility is crucial for adapting to unforeseen circumstances and ensuring the continuity and integrity of the presidential election process. It allows for detailed statutory solutions without needing further constitutional amendments.
Case against: Critics might argue that granting Congress such broad authority over contingencies could lead to partisan manipulation of election rules in the future, depending on the political climate at the time such laws are drafted. They might prefer more specific constitutional guidance.
Estimated impact: This provision could significantly shape how future electoral crises (like candidate death or ties) are resolved, potentially impacting the legitimacy and stability of the presidential transition.