Fordham Law Review Online

An Electoral College Compromise Constitutional Amendment: Bridging Partisan Divides to Improve Presidential Elections

May 1, 2025

Abolishing the Electoral College in favor of using a national popular vote to elect the president and vice president is unlikely to attract sufficient bipartisan support to reach the high thresholds for amending the U.S. Constitution.  However, the Electoral College has flawed features that both Democrats and Republicans might support reforming because those defects can undermine either party’s candidates.  This Essay highlights three such defects.  First, contingent elections—a process by which Congress selects the president and vice president if no ticket wins a majority of electoral votes—are deeply unrepresentative of the American electorate while also being subject to unpredictable dysfunction and partisan manipulation.  Second, presidential electors—the individuals who are expected to transmit the will of voters—can attempt to exceed their ministerial roles to either party’s detriment.  Third, the constitutional provision that lets states determine how to appoint their electors is ambiguously drafted and makes it possible for states to bar voters from participating in presidential elections.