Virginia Governor Signs Law Nullifying State Presidential Votes

Virginia voters cast ballots for president in November, but under a new law signed by Governor Abigail Spanberger, their choices may no longer determine where their state's electoral votes go. The legislation commits Virginia's 13 electoral votes to the winner of the national popular vote — even if Virginia's voters overwhelmingly choose a different candidate — making the state's presidential election a meaningless gesture once an interstate compact activates.

Governor Spanberger signed HB965 on April 13, officially adding Virginia to the National Popular Vote Interstate Compact in what critics call a constitutional power grab that permanently disenfranchises Virginian voters. The compact now holds 222 electoral votes, just 48 short of the 270 needed for activation, which would allow predominantly Democratic states to dictate presidential outcomes.

Under the compact's mechanism, member states agree to award all electoral votes to the national popular vote winner regardless of their state's results. The law remains dormant until compacting states collectively reach 270 electoral votes, at which point their votes automatically activate and non-member states become spectators in presidential elections.

The Heritage Foundation's legal memorandum demonstrates the compact violates the Constitution's Compact Clause, which requires congressional consent for interstate agreements that enhance political power at the expense of non-compacting states. Congress has never consented to the National Popular Vote compact, according to the Heritage analysis.

The Founders designed a deliberate process — requiring two-thirds of Congress and three-fourths of states — to amend the Constitution. The compact achieves the same result of abolishing the Electoral College's function without this supermajority, using state authority over elector appointment as a loophole.

Compact supporters champion the measure as ensuring "every vote counts equally," but the reality creates a stark contradiction. Virginia could vote for one candidate by a landslide while awarding its electoral votes to another. If the compact had been active in 2024, Virginia's votes would have gone to Donald Trump even if Virginians preferred Kamala Harris by a significant margin.

All 19 jurisdictions currently in the compact — 18 states plus Washington, D.C. — include states where Democratic governors signed the measure, creating what the Heritage Foundation calls a "political cartel." Once activated, these states alone would dictate presidential outcomes, permanently sidelining 31 states from meaningful participation in the electoral process.

Virginia Republicans condemned the move immediately after Spanberger's signature. "Fake Moderate Spanberger just signed a bill to render Virginians' vote for president NULL AND VOID," the state GOP stated. "This is an unconstitutional assault on our democracy."

Rep. John McGuire, a Virginia Republican, called Spanberger a "radical leftist" who is "trying to take away your vote at the polls for commander in chief." He added the governor is "bringing Virginia one step closer to becoming a state further left than California or Minnesota."

Trent England, founder of Save Our States, warned the compact represents a "partisan attack on presidential elections" that should be struck down by courts. "The compact threatens to silence Virginia voters, committing the Commonwealth to give its electoral votes to a candidate based on popularity in other states — even a candidate not on the ballot in Virginia," England said.

Compact supporters framed the legislation as a victory for democratic principles. Christina Harvey, executive director of Stand Up America, praised the move as "Virginia has set another powerful example for other states of how to stand up for representative democracy even as they come under increasing pressure from the Trump administration." She argued "the presidency should be won by the candidate who receives the most votes nationwide — not just the right combination of battleground states."

Patrick Rosenstiel, National Popular Vote spokesperson, confirmed the compact's current status. "With Virginia's 13 electoral votes, the National Popular Vote Compact is 48 electoral votes short of reaching the 270 required to activate it," Rosenstiel stated. "Their support builds critical momentum for our movement to give 63 percent of American voters what they want, a national popular vote for President."

Governor Spanberger defended the legislation. "I think this is a very straightforward, long-term plan to get us to a point where the United States is frankly what most people think it is, which is a place where every person's vote counts the same as every other person's vote," Spanberger said.

The compact now stands just 48 electoral votes from activation, with target states including Arizona, Michigan, Pennsylvania, Wisconsin, Nevada, and New Hampshire — representing 65 total electoral votes. The compact could activate before the 2028 presidential election.

The Heritage Foundation analysis concludes the National Popular Vote compact "is like a political cartel" where "states that join the NPV compact are potentially disenfranchising their own voters." The legal memorandum underscores that "Congress has never consented to the NPV compact," leaving the agreement on constitutionally shaky ground as it approaches the threshold for activation.