is maryland a compact state

[236] However, other than the 12th Amendment in 1804, none of these proposals have received the approval of two-thirds of both branches of Congress and three-fourths of the states required to amend the Constitution. [247], A few months later, Yale Law School professor Akhil Amar and his brother, University of California Hastings School of Law professor Vikram Amar, wrote a paper suggesting states could coordinate their efforts by passing uniform legislation under the Presidential Electors Clause and Compact Clause of the Constitution. [245][235] "To many observers, the NPVIC looked initially to be an implausible, long-shot approach to reform",[247] but within months of the campaign's launch, several major newspapers including The New York Times and Los Angeles Times, published favorable editorials. Until the compact's conditions are met, all states award electoral votes in their current manner. Bills seeking to repeal the compact in Connecticut, Maryland, New Jersey, and Washington have failed. the 22nd Amendment). Compact to Compact 2. [246] Bennett noted that the 17th Amendment was passed only after states had enacted state-level reform measures unilaterally. [247][235] Bennett and the Amar brothers "are generally credited as the intellectual godparents" of NPVIC. Some states, such as Colorado, Maryland, Nevada, New York, and Pennsylvania, do not assess points for minor offenses and . fraud hotline to receive allegations of [42][43][44], Some opponents of the compact contend that it would lead to a proliferation of third-party candidates, such that an election could be won with a plurality of as little as 15% of the vote. Bush. JavaScript is required to use content on this page. [182], With respect to contributions by foreign nationals specifically, the CRS noted that the Supreme Court in 2012 affirmed the ruling of the District of Columbia U.S. District Court in Bluman v. Federal Election Commission (2011) that held (with Judges Brett Kavanaugh, Ricardo M. Urbina, and Rosemary M. Collyer presiding) that there is a compelling government interest in restricting the participation of foreign citizens in democratic self-government to prevent foreign influence on the U.S. political process, concluding "foreign citizens do not have a constitutional right to participate in, and thus may be excluded from, activities of democratic self-government. As of 2020, no election outcome has been determined by an elector deviating from the will of their state. Compact to Non-Compact 3. It borders Virginia, West Virginia, and Washington, D.C., to its south and west; Pennsylvania to its north; and Delaware and the Atlantic Ocean to its east. [23] Furthermore, thirty-two states and the District of Columbia have laws to prevent such "faithless electors",[24][25] and such laws were upheld as constitutional by the Supreme Court in 2020 in Chiafalo v. [127][i][128], In Bolling v. Sharpe (1954), the Supreme Court held that school segregation in the District of Columbia was unconstitutional under the Due Process Clause of the 5th Amendment because while the 5th Amendment does not contain an equal protection clause and the 14th Amendment applies only to the states, the "concepts of equal protection and due process are not mutually exclusive. [231][232] It "has been a source of discontent for more than 200 years. Currently, 36 states and two territories are on the list of NLC jurisdictions. [14]) In the 2000 election, for instance, Al Gore won 543,895 more votes nationally than George W. Bush, but Bush secured five more electors than Gore, in part due to a narrow Bush victory in Florida; in the 2016 election, Hillary Clinton won 2,868,691 more votes nationally than Donald Trump, but Trump secured 77 more electors than Clinton, in part due to narrow Trump victories in Michigan, Pennsylvania, and Wisconsin (a cumulative 77,744 votes). [251] NPV, Inc. also commissioned statewide opinion polls, organized educational seminars for legislators and "opinion makers", and hired lobbyists in almost every state seriously considering NPVIC legislation. Others, however, believe that since most states award electoral votes on a winner-takes-all system (the "unit rule"), the potential of populous states to shift greater numbers of electoral votes gives them more clout than would be expected from their electoral vote count alone.[37][38][39]. [20] Some of the most common points of debate are detailed below: Certain founders conceived of the Electoral College as a deliberative body which would weigh the inputs of the states, but not be bound by them, in selecting the president, and would therefore serve to protect the country from the election of a person who is unfit to be president. Notice of Proposed Action [15-371-P] The Secretary of Health and Mental Hygiene proposes to amend Regulation .02 under COMAR 10.27.22 Multistate Licensure Compact Regulations. "[84][83], Ian J. Drake and at least five other legal observers have argued that to replace the Electoral College with a national popular vote may only be done by a constitutional amendment as outlined in Article V.[list 2] The organizers of NPV Inc. dispute that a constitutional amendment is necessary for altering the current method of electing the President because the NPVIC would not abolish the Electoral College,[91] and because states would only be using the plenary power to choose the method by which they appoint their electors that is already delegated to them under the Elections Clause of Article II, Section I. Maryland Facts | VisitMaryland.org Once in effect, in each presidential election the participating states would award all of their electoral votes to the candidate with the largest national popular vote total across the 50 states and the District of Columbia. If your employer withheld tax for one of the reciprocal states, you can claim a refund from the reciprocal state. Maryland was the first state to join the National Nurse Licensure Compact (NLC) in 1999. This happened in the elections of 1824, 1876, 1888, 2000, and 2016. [59][56] Noting that the NPVIC meets all of those requirements, the CRS report concludes that "the initiative can be described as an interstate compact. Natelson goes on to argue that a state's power to select electors must also be compatible in a substantive sense with the Electoral College composition framework in the Elections Clause, and by extension, the Representatives Apportionment Clause of Article I, Section II, Section 2 of the 14th Amendment, and the 17th Amendment, that gives less populous states disproportionate weight in selecting the President. The Physical Therapy Compact is an agreement between member states to improve access to physical therapy services for the public by increasing the mobility of eligible physical therapy providers to work in multiple states. Section 2 of the 20th Amendment changed the commencement date of congressional sessions to January 3. Under NPVIC, this incentive may be less than in the current system, as the awarding of electoral votes will no longer be determined solely by the votes cast within a given state. [31], Pete du Pont argues that "Mr. Gore's 540,000-vote margin [in the 2000 election] amounted to 3.1 votes in each of the country's 175,000 precincts. "[215], The majority opinion also stated that "nothing in this opinion should be taken to permit the States to bind electors to a deceased candidate" after noting that more than one-third of the cumulative faithless elector votes in U.S. presidential elections history were cast during the 1872 election when Liberal Republican and Democratic Party nominee Horace Greeley died after the election polls were held and vote tabulations were completed by the states but before the Electoral College cast its ballots, and acknowledging the petitioners concern about the potential political turmoil that the death of a presidential candidate between Election Day and the Electoral College vote count could cause. Graphs are temporarily unavailable due to technical issues. [202] Brody argued that because the NPVIC binds only states and not electors, those electors could retain independent withdrawal power as faithless electors at the request of the compacting states, unless the compacting states adopt penalties or other statutes that bind the electorswhich 32 states and the District of Columbia currently do. It failed to collect enough signatures to appear on the ballot. accessible and convenient, and [250][235] NPV, Inc. published Every Vote Equal, a detailed, "600-page tome"[245] explaining and advocating for NPVIC,[251][235] and a regular newsletter reporting on activities and encouraging readers to petition their governors and state legislators to pass NPVIC. hotline in the past has helped to eliminate An interstate compact is a contractual arrangement made between two or more states in which the assigned parties agree on a specific policy issue and either adopt a set of standards or cooperate with one another on a particular regional or national matter. ", "Anuzis: Conservatives need the popular vote", "California should join the popular vote parade", "David Broder, on PBS Online News Hour's Campaign Countdown", "Faithless Elector Watch: Gimme "Equal Protection", "Debates in the Federal Convention of 1787 - July 5", "Debates in the Federal Convention of 1787 - July 9", "An act to add Chapter 1.5 (commencing with Section 6920) to Part 2 of Division 6 of the Elections Code, relating to presidential elections", "9.7.3 MYTH: A national popular vote will result in a proliferation of candidates, Presidents being elected with as little as 15% of the vote, and a breakdown of the two-party system", "Abolishing Electoral College is a bad idea", "Myths about Logistical Nightmares Arising from Differences in State Laws", "Some Thoughts on the Electoral College: Past, Present, and Future", "Interstate Agreement for Electoral Reform", "Why the "National Popular Vote" scheme is unconstitutional", "9.1 Myths about the U.S. Constitution 9.1.26 MYTH", "Fifty Republics and the National Popular Vote: How the Guarantee Clause Should Protect States Striving for Equal Protection in Presidential Elections", "The Compact Clause and the National Popular Vote Interstate Compact", "Move to diminish Electoral College faces constitutional roadblocks", "Comment: Guaranteeing a Federally Elected President", Northwestern University Pritzker School of Law, "Reforming the Electoral College: Federalism, Majoritarianism, and the Perils of Sub-Constitutional Change", "Why the National Popular Vote Compact is Unconstitutional", "Combination Among the States: Why the National Popular Vote Interstate Compact is an Unconstitutional Attempt to Reform the Electoral College", "9.1 Myths about the U.S. Constitution 9.1.3 MYTH", "9.1 Myths about the U.S. Constitution 9.1.1 MYTH", "9.16 Myths about Interstate Compacts and Congressional Consent 9.16.5 MYTH", "Who Are the Top 20 Legal Thinkers in America? It does not require approval by the Governor. 1. Supporters of the compact counter that under a national popular vote system, state-level majorities are irrelevant; in all states, votes contribute to the nationwide tally, which determines the winner. The compact would modify the way participating states implement Article II, Section 1, Clause 2 of the U.S. Constitution, which requires each state legislature to define a method to appoint its electors to vote in the Electoral College. Today, all but two states (Maine and Nebraska) award all their electoral votes to the single candidate with the most votes statewide (the so-called "winner-take-all" system). "[247] Compacts of this type had long existed to regulate interstate issues such as water rights, ports, and nuclear waste. [282][283], Colorado Proposition 113, a ballot measure seeking to overturn Colorado's adoption of the compact, was on the November 3, 2020 ballot; Colorado's membership was affirmed by a vote of 52.3% to 47.7% in the referendum. The ruling concludes that a state's power to condition elector appointments extends to binding the electors to their pledges upon pain of penalty, stating "Nothing in the Constitution expressly prohibits States from taking away presidential electors' voting discretion as Washington does. [225] A 2007 Washington Post and Kaiser Family Foundation poll found that 72% favored replacing the Electoral College with a direct election, including 78% of Democrats, 60% of Republicans, and 73% of independent voters. Pages - Nurse Multi-State Licensure Compact - Maryland Board of Nursing [26] The National Popular Vote Interstate Compact does not eliminate the Electoral College or affect faithless elector laws; it merely changes how electors are pledged by the participating states. Any withdrawal by a participating state after that deadline will not become effective until the next President is confirmed.[5]. Placing no constitutional limit on state power over electors creates the potential for [compacting] states to form a superstate and render the [non-compacting] states irrelevant in the election of the President. [247], In 2007, NPVIC legislation was introduced in 42 states. eNLCFinalRulesadoptedDecember 12,2017, National Human Trafficking Hotline - 24/7 Confidential. "[110][49], However, the CRS report cites the Court's opinions in Williams v. Rhodes (1968) and Oregon v. Mitchell (1970) that struck down state laws that violated the Equal Protection Clause of the 14th Amendment or upheld federal preemption of state laws under the 14th Amendment concerning the appointment of electors and concludes that a state's power to select the method by which its electors are appointed is not absolute. Which states does Maryland have a reciprocal agreement with? "[32] Although in all four elections since 1876 in which the winner lost the popular vote, the Republican became president, Silver's analysis shows that such splits are about equally likely to favor either major party. Certain legal questions may affect implementation of the compact. "[174][183][184] The District Court ruling cited the Supreme Court's ruling in Bernal v. Fainter (1984) that held that foreign citizens may be excluded from activities "intimately related to the process of self-government",[185] and the Supreme Court's ruling in Sugarman v. Dougall (1973) that "citizenship is a permissible criterion for limiting [voting] rights" where the Supreme Court also stated that it "has never held that aliens have a constitutional right to vote under the Equal Protection Clause. [18] Pete du Pont, a former governor of Delaware, in an opinion piece in The Wall Street Journal, called the project an "urban power grab" that would shift politics entirely to urban issues in high population states and allow lower caliber candidates to run. 'Finding' three votes per precinct in urban areas is not a difficult thing". [45], Each state sets its own rules for voting, including registration deadlines, voter ID laws, poll closing times, conditions for early and absentee voting, and disenfranchisement of felons. One of the original 13 states, it lies at the centre of the Eastern Seaboard, amid the great commercial and population complex that stretches from Maine to Virginia. Steve Sisolak (D) on May 30, 2019. Learn more about the eNLC from the National Council of State Boards of Nursing (NCSBN). [50][56] Instead, the CRS report cites the Court's opinions in Virginia v. Tennessee and Northeast Bancorp as stating that any agreement between two or more states that "cover[s] all stipulations affecting the conduct or claims of the parties", prohibits members from "modify[ing] or repeal[ing] [the agreement] unilaterally", and requires "'reciprocation' of mutual obligations" constitutes an interstate compact. Drake argues that Congress cannot consent to the NPVIC because Congress has no legislative power to alter the Electoral College under Article I, Section VIII, and citing the Supreme Court's ruling in McPherson v. Blacker (1892), Drake notes that Article II, Section I neither enumerates nor implies any powers to or of Congress to create laws stipulating the mode of appointment by which states appoint their presidential electors and only states that Congress may "determine the Time of [choosing] the Electors, and the Day on which they shall give their Votes". NPVIC legislation has been introduced in all 50 states. [243] This "electoral misfire" sparked new studies and proposals from scholars and activists on electoral college reform, ultimately leading to the National Popular Vote Interstate Compact (NPVIC). [203][204], On July 6, 2020, the Supreme Court unanimously ruled in the case Chiafalo v. Washington and the related case Colorado Department of State v. Baca that it is within a state's power to enforce laws that penalize faithless electors or allow for their removal and replacement. [247], Koza, who had earned "substantial wealth" by co-inventing the scratchcard,[245] had worked on lottery compacts such as the Tri-State Lottery with an election lawyer, Barry Fadem. "[118], Citing the per curiam decision of Bush v. Gore (2000) as stating that state governments cannot "value one person's vote over that of another" in vote tabulation as well as the Court's opinion in Richardson v. Ramirez (1974),[h][119][120] Willamette University College of Law professor Norman R. Williams has argued that the NPVIC would violate the Equal Protection Clause because it does not require and cannot compel uniform election laws across both compacting and non-compacting states that regulate vote tabulation, voting machinery usage, voter registration, mail-in voting, election recounts, and felony and mental disability disenfranchisement. [111][112][113] Likewise, the GAO report notes that the 15th Amendment, the 19th Amendment, the 24th Amendment, and the 26th Amendment ban states from appointing presidential electors upon the basis of polls where voting rights for eligible citizens are denied or abridged on account of race, color, previous condition of servitude, sex, failure to pay a poll tax or other tax, or age for citizens 18 years of age or older, and that Congress has the power to create laws under those amendments to enforce those voting rights protections and the 14th Amendment to enforce the Equal Protection Clause in states that appoint presidential electors upon the results of a poll. How NLC Affects Your Delaware License. [29], Some supporters and opponents of the NPVIC believe it gives one party an advantage relative to the current Electoral College system. Bush v. Gore and the National Popular Vote", Ohio State University Moritz College of Law, "9.20 Myths about the Voting Rights Act 9.20.1 MYTH", "9.1 Myths about the U.S. Constitution 9.1.18 MYTH", "Bloc Voting in the Electoral College: How the Ignored States Can Become Relevant and Implement Popular Election Along the Way", "9.15 Myths about Recounts 9.15.7 MYTH", "The Constitution of the United States of America: Analysis and Interpretation, Centennial Edition, Interim Edition: Analysis of Cases Decided by the Supreme Court of the United States to June 26, 2013", "A Critique of the National Popular Vote Plan for Electing the President", "Split Electoral Votes in Maine and Nebraska", "9.1 Myths about the U.S. Constitution 9.1.6 MYTH", National Conference of State Legislatures, "The Supreme Court decides not to make the Electoral College even worse", "States May Curb 'Faithless Electors,' Supreme Court Rules", "The Supreme Court Just Pointed Out the Absurdity of the Electoral College. [103], In Williams v. Rhodes, the Supreme Court held that "State laws enacted pursuant to [Article II, Section I] to regulate the selection of presidential electors must meet the requirements of the Equal Protection Clause" in striking down an Ohio election law requiring that new political parties seeking ballot access for their candidates in a presidential election provide petitions with a number of registered voter signatures equal to at least 15 percent of all votes cast in a preceding gubernatorial election, while independent candidates were not required to do so or political parties whose candidates had received ballot access and at least 10 percent of all votes cast in the preceding gubernatorial election. Please enable scripts and reload this page. U.S. interstate compact ensuring presidential elections by popular vote. Term Limits, Inc. v. Thornton (1995) that reaffirmed the Court's ruling in Powell v. McCormack (1969) as interpreting analogous language, the CRS report and Norman R. Williams note that the Court concluded that states cannot exercise their delegated powers over the election of members of Congress under the Elections Clause of Article I, Section IV in a way that would "effect a fundamental change in the constitutional structure" and that such change "must come not by legislation adopted either by Congress or by an individual State, but ratheras have other important changes in the electoral processthrough the amendment procedures set forth in Article V."[191][89][192][193] The majority opinion in Thornton (written by Associate Justice John Paul Stevens) concluded that term limits for public office amount to a qualification because term limits "unquestionably restrict the ability of voters to vote for whom they wish", and noted that when term limits were applied to the Presidency, the term limits were created by a constitutional amendment (i.e.
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