Is Nevada considering awarding its electoral votes to the presidential candidate who wins the popular vote?

Both chambers of Nevada’s Legislature have passed AJR6, a proposed constitutional amendment that could make Nevada the 17th state (along with the District of Columbia) to sign onto the National Popular Vote Interstate Compact.

Under NPVIC, states pledge their electoral college votes to the winner of the nationwide presidential popular vote, ensuring the victory of that candidate if enough states sign on to provide a 270 electoral-vote majority. The compact currently has 205 electoral votes; Nevada would add six more.

The Nevada Legislature would need to pass AJR6 again in 2025 before Nevada voters would have the chance to ratify it on the 2026 ballot.

Critics including Princeton Legal Journal argue that per the Constitution, states cannot enter into compacts without the permission of Congress. OLR Research Report and others point out that court precedent says this only applies to compacts that encroach on federal power.

The U.S. Supreme Court has not ruled on the compact's constitutionality.

Updated at 10:50 p.m. on 5/31/23 to correct the process by which Nevada would enter the National Popular Vote Interstate Compact.