A joint resolution 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
- Sen. Schatz, Brian [D-HI]
- Committees
- Judiciary Committee (primary)
- Last action
- Sep 29, 2026
Bottom line
This resolution seeks to fundamentally alter the method of electing the President and Vice President by replacing the Electoral College with a national popular vote system.
What it actually does
This joint resolution proposes a constitutional amendment to eliminate the Electoral College, establishing a system where the President and Vice President are elected directly by popular vote. It mandates that the pair of candidates receiving the greatest number of votes nationwide shall be elected, and grants Congress the power to legislate on candidate disqualification and tie-breaking scenarios.
Proponents argue
Proponents argue that the Electoral College is an outdated system that can lead to a president being elected without winning the popular vote, undermining democratic principles and voter equality. They contend that a direct popular vote would ensure every vote carries equal weight, increase voter engagement, and make presidential elections more reflective of the national will, thereby enhancing the legitimacy of the presidency.
Opponents contend
Opponents argue that abolishing the Electoral College would diminish the influence of smaller states and rural areas, concentrating political power in densely populated urban centers. They contend that the current system protects the interests of diverse regions, promotes national unity by requiring candidates to build broad coalitions across states, and prevents a "tyranny of the majority" by ensuring a wider distribution of political power.
The bill text is extremely short and easy to read, allowing for quick comprehension of its core proposal.
Article--, Section 1
Direct Election of President and Vice President
This section states that the President and Vice President will be elected directly by the people across all states and the District of Columbia, effectively eliminating the Electoral College system. It establishes a national popular vote as the sole determinant for presidential elections.
Supporters argue
Supporters argue this provision ensures that the candidate with the most individual votes wins, aligning the presidency with the national popular will and enhancing democratic legitimacy. It would eliminate the possibility of a president being elected without winning the popular vote, a scenario that has occurred multiple times in U.S. history.
Critics contend
Critics contend this provision would lead to candidates focusing solely on densely populated areas, marginalizing the concerns of rural communities and smaller states. They argue it would fundamentally alter the federalist balance intended by the Founders, potentially leading to a less representative government.
Tradeoffs
The tension lies between the principle of "one person, one vote" nationally and the principle of state representation within a federal system. It trades the current system's emphasis on broad geographic coalitions for an emphasis on maximizing individual votes nationwide.
Article--, Sections 2 and 3
Joint Presidential Ticket and Plurality Victory
This provision establishes that voters will cast a single vote for a joint ticket of President and Vice President. The pair of candidates who receive the highest number of votes nationwide will be elected, meaning a simple plurality of the popular vote is sufficient for victory, without requiring an absolute majority.
Article--, Section 4
Congressional Authority for Disqualification and Ties
This section grants Congress the power to enact laws addressing situations where a presidential or vice-presidential candidate dies or is otherwise disqualified before the election results are finalized. It also empowers Congress to establish procedures for resolving electoral ties.
Article--, Section 5
Effective Date of Amendment
This section specifies that the proposed constitutional amendment would take effect one year after the first day of January following its ratification by three-fourths of the states. This provides a transition period for states and the federal government to adapt to the new electoral system.