Fair Slate

Your state’s electors should match your state’s voters.

In 48 states and DC, a candidate who wins by one vote takes every elector. There’s a simple fix that needs no constitutional amendment and no national tally: award electors in proportion to the vote.

We call this Fair Slate. A slate is the list of electors a party puts forward for its candidate. Today a state sends the entire slate of the candidate with the most votes, even if that’s just a plurality of less than 50%. With Fair Slate, it certifies a fair slate instead, drawing electors from each candidate’s slate in proportion to the vote.

Pennsylvania 19 electors

Winner-take-all: 19 Trump

Pennsylvania under winner-take-all: 19 Trump

Fair Slate: 10 Trump, 9 Harris

Pennsylvania with Fair Slate: 10 Trump, 9 Harris

Pennsylvania, 2024. 3.54 million votes for Trump, 3.42 million for Harris.1 Nearly half the state, none of the electors.

Millions of votes never reach the Electoral College

People say “my vote doesn’t count” for a reason. The cause isn’t the Electoral College itself. It’s winner-take-all, a rule states chose for themselves and can change.

WisconsinTrump won by 0.9 points10 electors1.67 million Harris votes0 electorsNew JerseyHarris won by 5.9 points14 electors1.97 million Trump votes0 electors

Nearly half shouldn’t round down to zero.

It happens in every state and to both parties. In 2024, about 68 million Americans voted for someone other than the winner of their state.1 Only Maine and Nebraska, which award some electors by congressional district, soften the effect at all.2

Winner-take-all doesn’t even require a majority. In 2016, the top candidate fell short of 50% in 14 states.3 In Wisconsin it’s happened in each of the last three elections, and that candidate still took all 10 electors.

The idea: one state, two slates

  1. Count the state’s votes, exactly as we do now.
  2. Work out each candidate’s share of the state’s electors.
  3. Send electors from each candidate’s slate to match that share.

That’s the whole reform, and it works in both directions. Here’s what four states would have sent to the Electoral College in 2024. Trump won two, and Harris won two:

Michigan 15 electors

Winner-take-all: 15 Trump

Michigan under winner-take-all: 15 Trump

Fair Slate: 8 Trump, 7 Harris

Michigan with Fair Slate: 8 Trump, 7 Harris
Nevada 6 electors

Winner-take-all: 6 Trump

Nevada under winner-take-all: 6 Trump

Fair Slate: 3 Trump, 3 Harris

Nevada with Fair Slate: 3 Trump, 3 Harris
Virginia 13 electors

Winner-take-all: 13 Harris

Virginia under winner-take-all: 13 Harris

Fair Slate: 7 Harris, 6 Trump

Virginia with Fair Slate: 7 Harris, 6 Trump
Minnesota 10 electors

Winner-take-all: 10 Harris

Minnesota under winner-take-all: 10 Harris

Fair Slate: 5 Harris, 5 Trump

Minnesota with Fair Slate: 5 Harris, 5 Trump

Why it works

Simple

Voters elect electors. If a candidate wins 60% of a state’s vote, they get about 60% of its electors. The ballots, the count, the certification of results, and each party’s list of electors stay the same. Only the appointing of electors at the end changes, against transparent results.

Representative

The reason your vote doesn’t seem to count under the Electoral College is that your state is choosing not to count it. With Fair Slate, every vote helps elect someone: Republicans in Minnesota and Democrats in Pennsylvania get electors who speak for them.

Local

Your state’s voters decide your state’s electors, with no national tally. The fix is local too: it only takes changing your own state’s law or constitution, through your legislators or, where allowed, a ballot measure. It’s reform from the bottom up: your state, your election, your vote counted.

Viable

Winner-take-all is a state law, and states already have the power to change it.4 It can start with a single swing state and needs no national threshold. Because both sides’ voters gain, it can survive a change in who controls the statehouse. Interstate compacts can help, and they stay small and stable.

3Wyoming3 electors10Wisconsin10 electors19Pennsylvania19 electors54California54 electors

How we get there: start in the middle

How far a state leans decides how best to switch.

A true swing state can act alone. Michigan, Pennsylvania, and Wisconsin each went Trump, Biden, Trump across the last three elections.153 Every voter in a swing state knows they have only a 50/50 chance of being represented in the Electoral College. This increases animosity and is systematically unrepresentative. Swing state voters have the greatest incentive for reform. They can be represented every election, and their neighbors on the other side will be too.

A state that leans one way needs a partner. If a reliably red or blue state adopts Fair Slate alone, it gives away electors that the other side keeps winning everywhere else. The answer is mutual disarmament: states that lean in opposite directions, with similar numbers of electors, agree to switch at the same time. Neither side gives up ground, but voters gain real representation.

Example compacts, using 2024 results
CompactFair SlateNet change
MO + CO10 Trump, 10 HarrisEven
MT + NH4 Trump, 4 HarrisEven
NC + NJ15 Trump, 15 HarrisHarris +1
MN + TN12 Trump, 9 HarrisTrump +1

Balance won’t be perfect or permanent, since states shift from one election to the next, but a compact can be sized to come close. Going first has a cost too: with fewer electors at stake, candidates may have less reason to campaign in a state. Opponents of Colorado’s 2004 proportional measure warned that it would give up clout, and voters rejected it by about 65% to 35%.6 Swing states switching together would share that cost. Texas, Florida, California, and New York may never join. They don’t have to. We can work outward from the middle and still improve the system for millions of voters.

Start with your own state

Call your state legislators and ask them to back proportional electors: on their own if yours is a true swing state, or through a compact with a partner state if it leans one way. About half the states let citizens put measures directly on the ballot in some form.7 Among swing states, Arizona, Michigan, and Nevada have citizen initiatives, while Georgia, North Carolina, Pennsylvania, and Wisconsin don’t, so the path there runs through the legislature.

Alaska: 3 TrumpAKMaine: 3 Harris, 1 TrumpMEWisconsin: 10 TrumpWIVermont: 3 HarrisVTNew Hampshire: 4 HarrisNHWashington: 12 HarrisWAIdaho: 4 TrumpIDMontana: 4 TrumpMTNorth Dakota: 3 TrumpNDMinnesota: 10 HarrisMNIllinois: 19 HarrisILMichigan: 15 TrumpMINew York: 28 HarrisNYMassachusetts: 11 HarrisMAOregon: 8 HarrisORNevada: 6 TrumpNVWyoming: 3 TrumpWYSouth Dakota: 3 TrumpSDIowa: 6 TrumpIAIndiana: 11 TrumpINOhio: 17 TrumpOHPennsylvania: 19 TrumpPANew Jersey: 14 HarrisNJConnecticut: 7 HarrisCTRhode Island: 4 HarrisRICalifornia: 54 HarrisCAUtah: 6 TrumpUTColorado: 10 HarrisCONebraska: 4 Trump, 1 HarrisNEMissouri: 10 TrumpMOKentucky: 8 TrumpKYWest Virginia: 4 TrumpWVVirginia: 13 HarrisVAMaryland: 10 HarrisMDDelaware: 3 HarrisDEArizona: 11 TrumpAZNew Mexico: 5 HarrisNMKansas: 6 TrumpKSArkansas: 6 TrumpARTennessee: 11 TrumpTNNorth Carolina: 16 TrumpNCSouth Carolina: 9 TrumpSCDistrict of Columbia: 3 HarrisDCOklahoma: 7 TrumpOKLouisiana: 8 TrumpLAMississippi: 6 TrumpMSAlabama: 9 TrumpALGeorgia: 16 TrumpGAHawaii: 4 HarrisHITexas: 40 TrumpTXFlorida: 30 TrumpFL+++Missouri: winner-take-all 10 Trump; Fair Slate 6 Trump, 4 HarrisMissouriColorado: winner-take-all 10 Harris; Fair Slate 6 Harris, 4 TrumpColoradoTennessee: winner-take-all 11 Trump; Fair Slate 7 Trump, 4 HarrisTennesseeMaryland: winner-take-all 10 Harris; Fair Slate 6 Harris, 4 TrumpMarylandMontana: winner-take-all 4 Trump; Fair Slate 2 Trump, 2 HarrisMontanaNew Hampshire: winner-take-all 4 Harris; Fair Slate 2 Harris, 2 TrumpNew Hampshire
Example compacts: MO + CO, TN + MD, MT + NH

Find your state’s match

What could a deal look like for your state? We looked at the last five elections, 2008 through 2024, to reach past any one candidate. For each, we compared the electors winner-take-all actually gave each party with what Fair Slate would have, both at today’s elector counts, and averaged the difference. Recent elections count more: 2024 counts fully, and each one before it counts a fifth less, down to a fifth for 2008. States do change, but the latest results say the most about the next election. That average is what a state gives up: how many electors, on average, the other party would gain. Then we looked for partners that balance.15389

Take Texas. On average it would send 22.0 electors to Republicans and 17.6 to Democrats, so Fair Slate would hand Democrats about 17.6 electors they don’t get today. A fair partner hands Republicans about the same. No single state fits that well, but New York and New Jersey together would give up 17.3.

We looked for one partner first, and added more only when no single state came within one elector of an even trade. Among equally good matches, we favored states of similar size.

See potential partners for every state
Potential partners for each state
StateWinner‑take‑all
R / D
Fair Slate
R / D
Gives upPotential partners (what they give up)
AK3.00.02.01.01.0 to D
  • DE (1.0)
  • VT (1.0)
  • ME (1.2)
AL9.00.05.93.13.1 to D
  • OR (3.1)
  • CT (3.0)
  • MD (3.7)
AR6.00.04.02.02.0 to D
  • NM (2.0)
  • NH (2.0)
  • RI (1.8)
AZ†8.12.95.55.32.3 to D
  • NM (2.0)
  • NH (2.0)
  • RI (1.8)
CA0.054.019.533.119.5 to R
  • TX + IA (19.4)
  • FL + NC + OH (19.4)
  • TX + OK (19.6)
CO0.010.04.25.64.2 to R
  • MO (4.2)
  • TN (4.1)
  • SC (4.0)
CT0.07.03.04.03.0 to R
  • KY (3.0)
  • LA (3.0)
  • AL (3.1)
DC0.03.00.03.00.0 to RNone needed: Fair Slate wouldn’t change its electors
DE0.03.01.02.01.0 to R
  • AK (1.0)
  • ND (1.0)
  • SD (1.0)
FL†24.06.015.913.97.9 to D
  • IL (7.7)
  • CO + MD (7.9)
  • MN + CT (7.9)
GA†11.74.38.17.73.4 to D
  • OR (3.1)
  • MD (3.7)
  • CT (3.0)
HI0.04.01.32.71.3 to R
  • NE (1.3)
  • WV (1.1)
  • ID (1.0)
IA†4.81.23.03.01.8 to D
  • RI (1.8)
  • NM (2.0)
  • NH (2.0)
ID4.00.03.01.01.0 to D
  • DE (1.0)
  • VT (1.0)
  • ME (1.2)
IL0.019.07.711.17.7 to R
  • FL (7.9)
  • NC (6.9)
  • OH + AL (7.7)
IN†10.30.76.34.53.8 to D
  • MD (3.7)
  • MA (4.0)
  • CO (4.2)
KS6.00.03.32.72.7 to D
  • CT (3.0)
  • OR (3.1)
  • NM (2.0)
KY8.00.05.03.03.0 to D
  • CT (3.0)
  • OR (3.1)
  • MD (3.7)
LA8.00.05.03.03.0 to D
  • CT (3.0)
  • OR (3.1)
  • MD (3.7)
MA0.011.04.07.04.0 to R
  • SC (4.0)
  • TN (4.1)
  • IN (3.8)
MD0.010.03.76.33.7 to R
  • IN (3.8)
  • SC (4.0)
  • GA (3.4)
ME0.83.22.02.01.2 to R
  • WV (1.1)
  • NE (1.3)
  • ID (1.0)
MI†8.07.07.37.50.5 to DNone needed: close enough to even to switch alone
MN0.010.04.95.14.9 to R
  • OH (4.6)
  • MO (4.2)
  • TN (4.1)
MO10.00.05.84.24.2 to D
  • CO (4.2)
  • MA (4.0)
  • MD (3.7)
MS6.00.03.52.52.5 to D
  • NM (2.0)
  • NH (2.0)
  • CT (3.0)
MT4.00.02.02.02.0 to D
  • NH (2.0)
  • NM (2.0)
  • RI (1.8)
NC†14.91.18.08.06.9 to D
  • NJ (6.3)
  • IL (7.7)
  • VA (6.0)
ND3.00.02.01.01.0 to D
  • DE (1.0)
  • VT (1.0)
  • ME (1.2)
NE4.30.73.02.01.3 to D
  • HI (1.3)
  • ME (1.2)
  • DE (1.0)
NH0.04.02.02.02.0 to R
  • MT (2.0)
  • AR (2.0)
  • UT (2.0)
NJ0.014.06.37.76.3 to R
  • NC (6.9)
  • SC + AZ (6.3)
  • IN + MS (6.3)
NM0.05.02.02.82.0 to R
  • AR (2.0)
  • MT (2.0)
  • UT (2.0)
NV†2.04.03.03.01.0 to RNone needed: close enough to even to switch alone
NY0.028.010.916.910.9 to R
  • NC + SC (10.9)
  • FL + AL (10.9)
  • MO + TN + KS (10.9)
OH†13.63.48.88.04.6 to D
  • MN (4.9)
  • WA (5.0)
  • CO (4.2)
OK7.00.05.02.02.0 to D
  • NM (2.0)
  • NH (2.0)
  • RI (1.8)
OR0.08.03.14.73.1 to R
  • AL (3.1)
  • KY (3.0)
  • LA (3.0)
PA†10.18.99.39.50.6 to DNone needed: close enough to even to switch alone
RI0.04.01.82.21.8 to R
  • IA (1.8)
  • MT (2.0)
  • AR (2.0)
SC9.00.05.04.04.0 to D
  • MA (4.0)
  • CO (4.2)
  • MD (3.7)
SD3.00.02.01.01.0 to D
  • DE (1.0)
  • VT (1.0)
  • ME (1.2)
TN11.00.06.94.14.1 to D
  • MA (4.0)
  • CO (4.2)
  • MD (3.7)
TX40.00.022.017.617.6 to D
  • NY + NJ (17.3)
  • IL + WA + MN (17.7)
  • NY + VA (16.9)
UT6.00.03.82.02.0 to D
  • NM (2.0)
  • NH (2.0)
  • RI (1.8)
VA0.013.06.07.06.0 to R
  • NC (6.9)
  • SC + MT (6.0)
  • KY + LA (6.0)
VT0.03.01.02.01.0 to R
  • AK (1.0)
  • ND (1.0)
  • SD (1.0)
WA0.012.05.06.85.0 to R
  • OH (4.6)
  • MO (4.2)
  • TN (4.1)
WI†5.34.74.95.10.4 to DNone needed: close enough to even to switch alone
WV4.00.02.91.11.1 to D
  • DE (1.0)
  • VT (1.0)
  • ME (1.2)
WY3.00.02.01.01.0 to D
  • DE (1.0)
  • VT (1.0)
  • ME (1.2)

† Voted for both parties across these elections. A swing state that comes within one elector of even on average costs neither side anything, so it can switch on its own. Averages use each year’s votes and today’s elector counts, so they can be fractions even though real electors are whole. Where a state’s Maine- or Nebraska-style district electors were in force, winner-take-all uses the actual split. These are starting points from the math alone. They ignore geography and politics, votes would shift under new rules, and some states listed have enacted the NPVIC.

Example timeline

The matches above overlap, so they can’t all happen at once. Here’s one order in which every state could switch, using each state once. Swing states go first, somewhat competitive states follow, and the largest states come last, since they have the most clout to lose. Some steps need three states to balance.

  1. Michigan, Nevada, Pennsylvania, and Wisconsin switch on their own or compact with each other.
  2. MT + NH (2.0 each way)
  3. IA + ME (1.8 to D, 1.2 to R)
  4. AZ + RI (2.3 to D, 1.8 to R)
  5. CT + KS (2.7 to D, 3.0 to R)
  6. VA + NE + OH (5.9 to D, 6.0 to R)
  7. NJ + IN + MS (6.3 each way)
  8. OR + LA (3.0 to D, 3.1 to R)
  9. WA + MO + ND (5.2 to D, 5.0 to R)
  10. MN + SC + SD (5.0 to D, 4.9 to R)
  11. AK + VT (1.0 each way)
  12. MD + KY + WY (4.0 to D, 3.7 to R)
  13. CO + TN (4.1 to D, 4.2 to R)
  14. AR + NM (2.0 each way)
  15. UT + HI (2.0 to D, 1.3 to R)
  16. MA + GA (3.4 to D, 4.0 to R)
  17. WV + DE (1.1 to D, 1.0 to R)
  18. IL + NC + ID (7.9 to D, 7.7 to R)
  19. NY + AL + FL (10.9 each way)
  20. CA + OK + TX (19.6 to D, 19.5 to R)

DC’s electors wouldn’t change under Fair Slate, so it can switch at any point.

A real rollout would be far less predictable. It would depend largely on how states get along with each other and how much their voters want the change. That’s fine. Every switch is progress on its own, giving more voters real representation. We don’t need every state, and we don’t need them in any particular order.

It’s worth noting that by step 16, 39 states would have switched, past the 38 needed to ratify a constitutional amendment.10 In an optimistic case, the final holdouts wouldn’t need a compact at all: the states that had already switched could finish the job by amendment, though proposing one would still take two-thirds of Congress or a convention called by the states.

Five elections, re-run

We applied the same rule to every state in the last five presidential elections, using official results. The marker on each bar is 270, the majority needed to win. These are illustrations, not predictions: these votes were cast in the context of winner-take-all, and different rules would likely have produced different votes.

2024

Winner-take-all

Harris 226Trump 312

Fair Slate

Harris 263Third party 1Trump 274

2020

Winner-take-all

Biden 306Trump 232

Fair Slate

Biden 276Third party 1Trump 261

2016

Winner-take-all

Clinton 232Trump 306

Fair Slate

Clinton 261Third party 16Trump 261

2012

Winner-take-all

Obama 332Romney 206

Fair Slate

Obama 275Third party 1Romney 262

2008

Winner-take-all

Obama 365McCain 173

Fair Slate

Obama 289Third party 1McCain 248

Share of votes and electors: how closely they match
ElectionCandidateVotesElectors nowElectors, Fair Slate
2024Harris48.3%42.0%48.9%
2024Trump49.8%58.0%50.9%
2020Biden51.3%56.9%51.3%
2020Trump46.8%43.1%48.5%
2016Clinton48.2%43.1%48.5%
2016Trump46.1%56.9%48.5%
2012Obama51.1%61.7%51.1%
2012Romney47.2%38.3%48.7%
2008Obama52.9%67.8%53.7%
2008McCain45.7%32.2%46.1%
Why aren’t the Fair Slate percentages exactly equal to the vote percentages?

Because electors are whole people, and each state rounds on its own. Fair Slate doesn’t make rounding go away, but it makes it more sensible. The increments are largest in small states: with 3 electors, each one stands for a third of the state, so a 60/40 vote can only come out 2 to 1. Every state’s two Senate electors also give small states extra weight beyond their vote totals.

The rest comes from third-party candidates. Winning even one elector requires a substantial portion of a state's vote, and third-party candidates generally don't gain one. In 2024, third-party candidates won 1.7% of the vote and 0.2% of hypothetical Fair Slate electors. This causes the major candidates to have a bit more of the Fair Slate portion than their vote total would suggest.

This is one place where the NPVIC does better: a single national total counts every vote exactly. It has problems of its own (see why not the NPVIC). And Fair Slate can get more precise if the House grows (see how a larger House could sharpen the result).

A genuine snag: 2016

In four of the last five elections, the popular-vote winner also won a majority of electors: Obama with 289 in 2008 and 275 in 2012, Biden with 276 in 2020, and Trump with 274 in 2024.98 But 2016 ends at 261 Trump, 261 Clinton, 14 Johnson, 1 Stein, 1 McMullin. Nobody reaches 270, so under the Twelfth Amendment the House would choose the president, with each state delegation casting one vote.11 Clinton’s 2.9 million vote lead would not have decided it. This reform makes each state fair. It does not guarantee a national popular vote winner, and third-party electors can deny anyone a majority. How fractions are resolved matters here.

That result uses largest remainder, the simplest way to resolve fractional shares (see the methods). Other methods leave fewer third-party electors, but none of them reaches 270 in 2016 either. That’s because 2016 really was unusual: third-party candidates won 5.4% of the vote, about three times their share in any of the other four elections.3 Only ranked ballots might get to a clear winner, depending on how third-party voters ranked their choices.

It’s also not a forecast of how 2016 would have gone. We don’t know how voters would respond to this system. A Republican in California or a Democrat in Texas who stayed home because the state was a foregone conclusion would have a reason to show up, and campaigns would have a reason to go find them. Voters who avoided a third party for fear of spoiling the race might choose differently too. So might the reverse: a voter in a safe state who cast a protest vote for a third party, knowing it couldn’t change anything, might think twice once that vote could move an elector. The 2016 numbers suggest that matters: half of its 16 third-party electors come from states decided by 10 points or more, like California, New York, and Utah, where a protest vote looked free. Historical vote counts show what people did under winner-take-all, not what they’d do under Fair Slate, and nobody can say which candidates would gain from the change.

That uncertainty is a benefit, not a flaw. A fix for the Electoral College shouldn’t be partisan. It should be representative, and a reform that looks partisan invites backlash.

What would have changed?

A marks a candidate who would gain electors with Fair Slate.

2024 results by state
2024: every state, actual electors and Fair Slate
StateActualFair Slate
WinnerRunner-upThird party
AK3 Trump2 Trump 1 Harris –
AL9 Trump6 Trump 3 Harris –
AR6 Trump4 Trump 2 Harris –
AZ11 Trump6 Trump 5 Harris –
CA54 Harris32 Harris 21 Trump 1 Kennedy
CO10 Harris6 Harris 4 Trump –
CT7 Harris4 Harris 3 Trump –
DC3 Harris3 Harris ––
DE3 Harris2 Harris 1 Trump –
FL30 Trump17 Trump 13 Harris –
GA16 Trump8 Trump 8 Harris –
HI4 Harris2 Harris 2 Trump –
IA6 Trump3 Trump 3 Harris –
ID4 Trump3 Trump 1 Harris –
IL19 Harris11 Harris 8 Trump –
IN11 Trump7 Trump 4 Harris –
KS6 Trump3 Trump 3 Harris –
KY8 Trump5 Trump 3 Harris –
LA8 Trump5 Trump 3 Harris –
MA11 Harris7 Harris 4 Trump –
MD10 Harris6 Harris 4 Trump –
ME3 Harris, 1 Trump2 Harris 2 Trump –
MI15 Trump8 Trump 7 Harris –
MN10 Harris5 Harris 5 Trump –
MO10 Trump6 Trump 4 Harris –
MS6 Trump4 Trump 2 Harris –
MT4 Trump2 Trump 2 Harris –
NC16 Trump8 Trump 8 Harris –
ND3 Trump2 Trump 1 Harris –
NE4 Trump, 1 Harris3 Trump 2 Harris –
NH4 Harris2 Harris 2 Trump –
NJ14 Harris7 Harris 7 Trump –
NM5 Harris3 Harris 2 Trump –
NV6 Trump3 Trump 3 Harris –
NY28 Harris16 Harris 12 Trump –
OH17 Trump9 Trump 8 Harris –
OK7 Trump5 Trump 2 Harris –
OR8 Harris5 Harris 3 Trump –
PA19 Trump10 Trump 9 Harris –
RI4 Harris2 Harris 2 Trump –
SC9 Trump5 Trump 4 Harris –
SD3 Trump2 Trump 1 Harris –
TN11 Trump7 Trump 4 Harris –
TX40 Trump23 Trump 17 Harris –
UT6 Trump4 Trump 2 Harris –
VA13 Harris7 Harris 6 Trump –
VT3 Harris2 Harris 1 Trump –
WA12 Harris7 Harris 5 Trump –
WI10 Trump5 Trump 5 Harris –
WV4 Trump3 Trump 1 Harris –
WY3 Trump2 Trump 1 Harris –
2020 results by state
2020: every state, actual electors and Fair Slate
StateActualFair Slate
WinnerRunner-upThird party
AK3 Trump2 Trump 1 Biden –
AL9 Trump6 Trump 3 Biden –
AR6 Trump4 Trump 2 Biden –
AZ11 Biden6 Biden 5 Trump –
CA55 Biden35 Biden 19 Trump 1 Jorgensen
CO9 Biden5 Biden 4 Trump –
CT7 Biden4 Biden 3 Trump –
DC3 Biden3 Biden ––
DE3 Biden2 Biden 1 Trump –
FL29 Trump15 Trump 14 Biden –
GA16 Biden8 Biden 8 Trump –
HI4 Biden3 Biden 1 Trump –
IA6 Trump3 Trump 3 Biden –
ID4 Trump3 Trump 1 Biden –
IL20 Biden12 Biden 8 Trump –
IN11 Trump6 Trump 5 Biden –
KS6 Trump3 Trump 3 Biden –
KY8 Trump5 Trump 3 Biden –
LA8 Trump5 Trump 3 Biden –
MA11 Biden7 Biden 4 Trump –
MD10 Biden7 Biden 3 Trump –
ME3 Biden, 1 Trump2 Biden 2 Trump –
MI16 Biden8 Biden 8 Trump –
MN10 Biden5 Biden 5 Trump –
MO10 Trump6 Trump 4 Biden –
MS6 Trump3 Trump 3 Biden –
MT3 Trump2 Trump 1 Biden –
NC15 Trump8 Trump 7 Biden –
ND3 Trump2 Trump 1 Biden –
NE4 Trump, 1 Biden3 Trump 2 Biden –
NH4 Biden2 Biden 2 Trump –
NJ14 Biden8 Biden 6 Trump –
NM5 Biden3 Biden 2 Trump –
NV6 Biden3 Biden 3 Trump –
NY29 Biden18 Biden 11 Trump –
OH18 Trump10 Trump 8 Biden –
OK7 Trump5 Trump 2 Biden –
OR7 Biden4 Biden 3 Trump –
PA20 Biden10 Biden 10 Trump –
RI4 Biden2 Biden 2 Trump –
SC9 Trump5 Trump 4 Biden –
SD3 Trump2 Trump 1 Biden –
TN11 Trump7 Trump 4 Biden –
TX38 Trump20 Trump 18 Biden –
UT6 Trump4 Trump 2 Biden –
VA13 Biden7 Biden 6 Trump –
VT3 Biden2 Biden 1 Trump –
WA12 Biden7 Biden 5 Trump –
WI10 Biden5 Biden 5 Trump –
WV5 Trump3 Trump 2 Biden –
WY3 Trump2 Trump 1 Biden –
2016 results by state
2016: every state, actual electors and Fair Slate
StateActualFair Slate
WinnerRunner-upThird party
AK3 Trump2 Trump 1 Clinton –
AL9 Trump6 Trump 3 Clinton –
AR6 Trump4 Trump 2 Clinton –
AZ11 Trump5 Trump 5 Clinton 1 Johnson
CA55 Clinton34 Clinton 18 Trump 2 Johnson, 1 Stein
CO9 Clinton4 Clinton 4 Trump 1 Johnson
CT7 Clinton4 Clinton 3 Trump –
DC3 Clinton3 Clinton ––
DE3 Clinton2 Clinton 1 Trump –
FL29 Trump14 Trump 14 Clinton 1 Johnson
GA16 Trump8 Trump 7 Clinton 1 Johnson
HI4 Clinton3 Clinton 1 Trump –
IA6 Trump3 Trump 3 Clinton –
ID4 Trump3 Trump 1 Clinton –
IL20 Clinton11 Clinton 8 Trump 1 Johnson
IN11 Trump6 Trump 4 Clinton 1 Johnson
KS6 Trump4 Trump 2 Clinton –
KY8 Trump5 Trump 3 Clinton –
LA8 Trump5 Trump 3 Clinton –
MA11 Clinton7 Clinton 4 Trump –
MD10 Clinton6 Clinton 4 Trump –
ME3 Clinton, 1 Trump2 Clinton 2 Trump –
MI16 Trump8 Trump 7 Clinton 1 Johnson
MN10 Clinton5 Clinton 5 Trump –
MO10 Trump6 Trump 4 Clinton –
MS6 Trump4 Trump 2 Clinton –
MT3 Trump2 Trump 1 Clinton –
NC15 Trump8 Trump 7 Clinton –
ND3 Trump2 Trump 1 Clinton –
NE5 Trump3 Trump 2 Clinton –
NH4 Clinton2 Clinton 2 Trump –
NJ14 Clinton8 Clinton 6 Trump –
NM5 Clinton2 Clinton 2 Trump 1 Johnson
NV6 Clinton3 Clinton 3 Trump –
NY29 Clinton17 Clinton 11 Trump 1 Johnson
OH18 Trump9 Trump 8 Clinton 1 Johnson
OK7 Trump5 Trump 2 Clinton –
OR7 Clinton4 Clinton 3 Trump –
PA20 Trump10 Trump 10 Clinton –
RI4 Clinton2 Clinton 2 Trump –
SC9 Trump5 Trump 4 Clinton –
SD3 Trump2 Trump 1 Clinton –
TN11 Trump7 Trump 4 Clinton –
TX38 Trump20 Trump 17 Clinton 1 Johnson
UT6 Trump3 Trump 2 Clinton 1 McMullin
VA13 Clinton7 Clinton 6 Trump –
VT3 Clinton2 Clinton 1 Trump –
WA12 Clinton6 Clinton 5 Trump 1 Johnson
WI10 Trump5 Trump 5 Clinton –
WV5 Trump4 Trump 1 Clinton –
WY3 Trump2 Trump 1 Clinton –
2012 results by state
2012: every state, actual electors and Fair Slate
StateActualFair Slate
WinnerRunner-upThird party
AK3 Romney2 Romney 1 Obama –
AL9 Romney6 Romney 3 Obama –
AR6 Romney4 Romney 2 Obama –
AZ11 Romney6 Romney 5 Obama –
CA55 Obama33 Obama 21 Romney 1 Johnson
CO9 Obama5 Obama 4 Romney –
CT7 Obama4 Obama 3 Romney –
DC3 Obama3 Obama ––
DE3 Obama2 Obama 1 Romney –
FL29 Obama15 Obama 14 Romney –
GA16 Romney9 Romney 7 Obama –
HI4 Obama3 Obama 1 Romney –
IA6 Obama3 Obama 3 Romney –
ID4 Romney3 Romney 1 Obama –
IL20 Obama12 Obama 8 Romney –
IN11 Romney6 Romney 5 Obama –
KS6 Romney4 Romney 2 Obama –
KY8 Romney5 Romney 3 Obama –
LA8 Romney5 Romney 3 Obama –
MA11 Obama7 Obama 4 Romney –
MD10 Obama6 Obama 4 Romney –
ME4 Obama2 Obama 2 Romney –
MI16 Obama9 Obama 7 Romney –
MN10 Obama5 Obama 5 Romney –
MO10 Romney5 Romney 5 Obama –
MS6 Romney3 Romney 3 Obama –
MT3 Romney2 Romney 1 Obama –
NC15 Romney8 Romney 7 Obama –
ND3 Romney2 Romney 1 Obama –
NE5 Romney3 Romney 2 Obama –
NH4 Obama2 Obama 2 Romney –
NJ14 Obama8 Obama 6 Romney –
NM5 Obama3 Obama 2 Romney –
NV6 Obama3 Obama 3 Romney –
NY29 Obama19 Obama 10 Romney –
OH18 Obama9 Obama 9 Romney –
OK7 Romney5 Romney 2 Obama –
OR7 Obama4 Obama 3 Romney –
PA20 Obama11 Obama 9 Romney –
RI4 Obama3 Obama 1 Romney –
SC9 Romney5 Romney 4 Obama –
SD3 Romney2 Romney 1 Obama –
TN11 Romney7 Romney 4 Obama –
TX38 Romney22 Romney 16 Obama –
UT6 Romney4 Romney 2 Obama –
VA13 Obama7 Obama 6 Romney –
VT3 Obama2 Obama 1 Romney –
WA12 Obama7 Obama 5 Romney –
WI10 Obama5 Obama 5 Romney –
WV5 Romney3 Romney 2 Obama –
WY3 Romney2 Romney 1 Obama –
2008 results by state
2008: every state, actual electors and Fair Slate
StateActualFair Slate
WinnerRunner-upThird party
AK3 McCain2 McCain 1 Obama –
AL9 McCain5 McCain 4 Obama –
AR6 McCain4 McCain 2 Obama –
AZ10 McCain5 McCain 5 Obama –
CA55 Obama34 Obama 20 McCain 1 Nader
CO9 Obama5 Obama 4 McCain –
CT7 Obama4 Obama 3 McCain –
DC3 Obama3 Obama ––
DE3 Obama2 Obama 1 McCain –
FL27 Obama14 Obama 13 McCain –
GA15 McCain8 McCain 7 Obama –
HI4 Obama3 Obama 1 McCain –
IA7 Obama4 Obama 3 McCain –
ID4 McCain3 McCain 1 Obama –
IL21 Obama13 Obama 8 McCain –
IN11 Obama6 Obama 5 McCain –
KS6 McCain3 McCain 3 Obama –
KY8 McCain5 McCain 3 Obama –
LA9 McCain5 McCain 4 Obama –
MA12 Obama8 Obama 4 McCain –
MD10 Obama6 Obama 4 McCain –
ME4 Obama2 Obama 2 McCain –
MI17 Obama10 Obama 7 McCain –
MN10 Obama6 Obama 4 McCain –
MO11 McCain6 McCain 5 Obama –
MS6 McCain3 McCain 3 Obama –
MT3 McCain2 McCain 1 Obama –
NC15 Obama8 Obama 7 McCain –
ND3 McCain2 McCain 1 Obama –
NE4 McCain, 1 Obama3 McCain 2 Obama –
NH4 Obama2 Obama 2 McCain –
NJ15 Obama9 Obama 6 McCain –
NM5 Obama3 Obama 2 McCain –
NV5 Obama3 Obama 2 McCain –
NY31 Obama20 Obama 11 McCain –
OH20 Obama10 Obama 10 McCain –
OK7 McCain5 McCain 2 Obama –
OR7 Obama4 Obama 3 McCain –
PA21 Obama12 Obama 9 McCain –
RI4 Obama3 Obama 1 McCain –
SC8 McCain4 McCain 4 Obama –
SD3 McCain2 McCain 1 Obama –
TN11 McCain6 McCain 5 Obama –
TX34 McCain19 McCain 15 Obama –
UT5 McCain3 McCain 2 Obama –
VA13 Obama7 Obama 6 McCain –
VT3 Obama2 Obama 1 McCain –
WA11 Obama6 Obama 5 McCain –
WI10 Obama6 Obama 4 McCain –
WV5 McCain3 McCain 2 Obama –
WY3 McCain2 McCain 1 Obama –

“Actual” means pledged electors, before any faithless votes. Elector counts use each year’s apportionment. Figures come from the FEC.15389

Limits the spoiler effect

Winner-take-all is what makes a third-party candidate dangerous. If a spoiler pulls a candidate from 51% to 49%, that candidate can lose every elector in the state. After 2016, that was the criticism aimed at the Green Party: Jill Stein’s vote was larger than the margin in Michigan, Wisconsin, and Pennsylvania.3 That’s why spoilers sometimes get propped up on purpose. In Florida, a former state senator was convicted after planting a no-party “ghost” candidate in a 2020 race decided by 34 votes.12

ABC

With Fair Slate, that risk is reduced. A third-party candidate might change one elector's allocation or earn an elector of their own, but they can’t take away the roughly half of the electors the leading candidate already earned. Voting your conscience stops being a gamble with the entire state's results. Splitting the other side’s vote stops paying, too, so there’s little reason to fund a spoiler. Third parties earn influence through the electors they actually win.

A: 3 electorsB: 2 electorsA: 2 electorsB: 3 electorsA: 18 votesB: 17 votes
What Stein’s votes could have cost Clinton in 2016
StateTrump’s marginStein votesElectors lost
Winner-take-allFair Slate
MI10,70451,463161
WI22,74831,072100
PA44,29249,941200

“Electors lost” assumes every Stein voter would otherwise have chosen Clinton. That’s likely not true: many would have picked someone else or stayed home. A close national count can still make a single elector matter, which is another reason to pair this with ranked ballots.

Reduces the impact of errors

Every count has a margin of error: misread ballots, machine glitches, fights over which ballots should count. Usually it doesn’t matter. But when a state is close, winner-take-all lets that error decide every elector at once.

Florida in 2000 is still remembered as one of the most painful results in modern American politics. Bush led by about 1,700 votes in the first tally, 317 after the first recount, and 537 when the state certified it, out of nearly 6 million votes.1314 The count moved by more than the final margin, and all 25 electors, and the presidency, rode on it. Whichever way it was called, about 2.9 million voters would end up with no electors at all.

Fair Slate contains the error, because it’s incremental and discrete by design. Each of Florida’s electors stood for 4% of the vote, about 239,000 votes, so a dispute over a few hundred could move at most the last one. In 2000 it wouldn’t have moved any: the split comes out 12 Bush, 12 Gore, 1 Nader, and that last elector goes to Nader on the largest remainder, whichever way the 537 votes fall.

Winner-take-all537 votes decide all 25Fair Slate537 votes move none
Florida 2000, with the same votes on both sides: 25 electors, split almost exactly in half.
The closest states since 2000: what the margin put at stake
StateMarginWinner-take-allFair Slate
ElectorsVoters left outElectorsVoters left out
FL 2000Bush +537252.9 million0none
NM 2000Gore +3665286,0001about 120,000
MO 2008McCain +3,903111.4 million1about 266,000
GA 2020Biden +11,779162.5 million0none

“Electors” counts the electors that would change hands if the margin had gone the other way. Under winner-take-all, “voters left out” is everyone who voted for the runner-up; under Fair Slate, it’s the votes behind the electors at stake.1495

The stakes are easiest to see when a count is in doubt, but the unfairness is there in every winner-take-all result, in every election. Losing a state by one vote and losing it by a million earn the same thing: nothing.

Why not the National Popular Vote compact?

The National Popular Vote Interstate Compact (NPVIC) is the best-known alternative. Member states agree to give all their electors to the national popular vote winner once members hold a majority of electors. It has 222 of the 270 it needs, from 18 states and DC.15 Its supporters want what we want: votes that count. But we see four problems.

It asks states to overrule their own voters

Under the compact, a state’s electors could all go to the candidate its voters rejected. Had it been active in 2024, Minnesota’s 1.52 million Trump voters would have won all 10 of its electors, and its 1.66 million Harris voters, the state’s majority, none.

It can cut both ways. North Carolina’s Senate voted to join the compact in 2007, but it did not become law.16 Had the state joined, its 15 electors would have gone to Clinton in 2016 and to Biden in 2020, though North Carolina voted for Trump both times, by 173,315 votes and then 74,483.35 That’s two elections in a row where its electors would have gone to the candidate its own voters rejected.

Supporters answer that every vote still counts in the national total, and it does. But the compact keeps winner-take-all’s all-or-nothing slate and takes away the one thing a state’s majority could count on. That’s a hard sell anywhere, and it would be tested in the first election where a state’s majority loses. Fair Slate enables state legislators to represent their constituents more effectively.

It looks partisan, and that makes it brittle

Every member voted for the Democratic candidate in each of the last three presidential elections.153 Polling shows the same divide: 63% favored a popular vote in a 2024 Pew survey, with about 8 in 10 Democrats in favor but only 46% of Republicans.17 Whatever its supporters intend, it reads as one party’s project.

That matters because any member can leave. The text only delays a withdrawal made within six months of the end of a president’s term.18 A compact seen as partisan gives the other party a reason to campaign against it in every member state, and with a slim majority of electors, one or two legislatures changing hands could undo it between elections.

2024 added a twist. Trump won the national popular vote, the first Republican to do so since 2004.1 Had the compact been in force with today’s members, every one of their 222 electors would have gone to him, and he would have won 533 electoral votes to Harris’s 5. How member states would have taken that bitter pill is unknown, but we think it’s reasonable to expect it would have been controversial with their voters.

It all rests on the swing states

Every state Harris won in 2024 has joined except New Hampshire. That leaves the compact 48 electors short, and at least 44 of them would have to come from states Trump won.151 In practice, that means swing states. None of the six states that voted for both parties across the last three elections has joined, and together they hold 77 electors.

Their reluctance makes sense. Swing states already carry the most pressure under winner-take-all: every election, nearly half their voters end up with no electors, and their legislatures are often narrowly divided. Fair Slate starts from the other end. It begins with the swing states and offers their voters something simpler: in every election, both sides get electors. Instead of asking swing states to defer to the nation, Fair Slate empowers their voters to express their preferences without the all-or-nothing volatility.

Its legal footing is untested

Whether the compact needs Congress’s consent is disputed (more on that below).19 Nor is there a national recount process for an election decided by a national total, and close national totals do happen. In 1960, the national winner depends on how you count Alabama, whose ballot listed electors rather than candidates and whose Democratic slate mixed Kennedy loyalists with unpledged electors: counted one way, Kennedy won the popular vote, and counted another, Nixon did.20 The compact leaves that call open. It says only that “the chief election official of each member state shall determine the number of votes for each presidential slate” in every state, so each member makes its own judgment.18 A result like that, under the compact, would leave 51 separate recount laws to settle one national total, with no one in charge of the whole. Those questions would likely reach the courts during the first election it decided.

A side-by-side comparison
NPVICFair Slate
Implements a popular voteNationally, once activeFor each state’s election
Certification of resultsUnclear, may be complicated by recounts in other statesEach state certifies its own results
States needed before anything changesEnough for 270 electorsOne swing state, or two complementary states
A state’s electors reflect its own votersNoYes
DurabilityEnds if members drop below 270 electorsEach compact stands on its own, as long as its members stay in
Works without a national tallyNoYes

The compact does one thing this reform doesn’t: it delivers a pure national popular vote. Fair Slate breaks the problem down to the state level. A popular vote can be implemented within each state.

National Popular Vote compact270222 electors today272 electors: active257 electors: dormantFair Slate compactsMTNHIAMEAZRICTKSVANEOHNJINMSORLAWAMONDMNSCSD

The Practicalities

Do states really have this power?

Yes. The Constitution says each state appoints electors “in such Manner as the Legislature thereof may direct.”4 In McPherson v. Blacker the Supreme Court upheld Michigan’s decision to choose electors by district and described that power as plenary.21 Winner-take-all is found in state law, not the Constitution, and Maine and Nebraska already depart from it. States can also require electors to honor their pledge, as the Court held in Chiafalo v. Washington, so Fair Slate can be made binding.22

States have used that freedom widely. In the first elections, some legislatures picked the electors themselves, some states held a statewide vote, and others voted by district or mixed the approaches.21

Winner-take-all didn’t win out because anyone thought it was fairer. It spread defensively, as states hedged against each other. Jefferson would have won in 1796 if two of his strongest states hadn’t split their electors by district, so before 1800 Virginia switched to a statewide ticket. Jefferson admitted that “an election by districts would be best, if it could be general,” but with other states already consolidating their votes, he called it “folly & worse than folly” to hold out.23 Massachusetts, not to be outdone, responded by having its legislature choose the electors itself, so every one would go to John Adams.23

Each state that consolidated made it costlier for the rest to hold out. By 1836, every state but South Carolina used winner-take-all, and South Carolina’s legislature kept choosing their electors until after the Civil War.23 Today’s near-uniform system isn’t a requirement or even a design. It’s a standoff that states settled into at voters’ expense, and sending a fair slate is how they can step out of it together.

Ballot measures raise a narrower question, because Article II names the “Legislature.” Arizona State Legislature v. AIRC read that word in the Elections Clause to include a state’s voters, but the Court was interpreting a different clause.24 Expect a challenge to any measure passed that way.

What would a compact look like?

Probably a short, matching law in each state: proportional allocation that takes effect only when the named partner states have also enacted it. That trigger keeps a state that leans one way from disarming alone. We’ve drafted model bill text for both routes: a statute for a state switching on its own, and a compact for partners switching together.

One practical wrinkle: 18 states and DC have enacted the NPVIC, including Colorado, New Jersey, and Minnesota from the examples above. The compact stays dormant until it reaches 270,15 so any member could adopt proportional allocation now, but it would need to reconcile the two laws.

Maybe. The Constitution bars states from entering a compact “without the Consent of Congress.”25 But the Supreme Court reads that narrowly: consent is needed only for agreements that increase state power at the expense of the federal government (the “vertical” balance), and it has also asked whether an agreement harms states outside it (the “horizontal” balance).26 Whether the NPVIC crosses that line is hotly debated, and most of the arguments would apply to a Fair Slate compact too.19 A swing state switching on its own isn’t a compact at all, so the question only comes up for partnered states.

If a Fair Slate compact needs Congress’s approval, the NPVIC certainly does. But the reverse doesn’t follow, because a Fair Slate compact is a much smaller thing:

And if approval is needed, a two-state deal that leaves both sides even is a far easier sell in Congress than the NPVIC. Consent comes as an ordinary bill: a simple majority in each chamber and the president’s signature. In the Senate a contested bill can still face a filibuster, but a compact that pairs a red state with a blue one gives neither party’s senators a power grab to object to.

Congress also doesn’t have to vote on every pairing. It can consent in advance to a whole class of compacts, as it did in 1934 for any states cooperating against crime.27 A single act could approve any Fair Slate compact that meets set terms, such as proportional allocation, a balanced trade, and agreed rules for leaving.

What stops a state from backing out?

A compact isn’t a handshake. It’s a binding contract between states, and the Supreme Court has said a member can’t simply nullify it or decide for itself what it means: “A State cannot be its own ultimate judge in a controversy with a sister State.”28 Disputes between states go straight to the Supreme Court, which can order a state to comply and has allowed damages for a broken compact.2529

Being held to a compact means being held to its terms, including the terms for leaving, so those matter. The NPVIC only blocks withdrawals in the last six months of a president’s term.18 A Fair Slate compact can ask for more: for example, a withdrawal that takes effect only after the next presidential election, so no state can switch back once a race is underway.

The trigger is a second safeguard. If a partner does leave, the other state’s law switches back to winner-take-all too, so neither side is left giving up electors alone. Enforcement is firmest when Congress approves a compact, which makes it federal law.25 A narrow compact may not need that approval, but partners could seek it anyway.

How are the electors calculated?

This page uses the largest-remainder method. Each candidate gets the whole-number part of their share of the electors, and leftover electors go to the largest fractions. For example, Arizona in 2024 had 11 electors: Trump’s share came to 5.7 and Harris’s to 5.1, so each gets 5 and the last goes to Trump. We count votes for named candidates, not scattered write-ins or Nevada’s “None of these candidates.”

Votes55%43%2%Party A1234567Party B1234567Party C1234567CertifiedCongressional count

Largest remainder isn’t the only reasonable choice. The main question is what to do with candidates who don’t earn a full elector’s worth of votes, and a state could answer it a few ways:

Divisor methods, the family used to apportion House seats among the states, are another option, and would change a few close results. The calculations on this page all use plain largest remainder. The methods page works through every option on one example, with the history behind them.

Why not award electors by district, like Maine and Nebraska?

Districts were the early favorite. Even Jefferson, as he moved Virginia to a statewide ticket, admitted that “an election by districts would be best, if it could be general” (see how winner-take-all spread).23 But districts are less fair than they look. Lines can be gerrymandered, most districts are safe for one party, and the result turns on where voters live and who draws the map. A statewide count has no lines to draw. Every vote in the state counts the same, wherever it’s cast.

By districtFair Slatedistrictsstatewide3 R, 4 D6 R, 1 D4 R, 3 D, whatever the lines

Why ranked ballots are a wise addition

Proportional allocation lets more voters win some representation, which is exactly why a few third-party electors appear in the tables above. Ranked ballots keep the benefit and reduce the risk. A voter can rank a third-party candidate first and still have their next choice count once that candidate is eliminated, so fewer electors end up stranded and a House contest becomes less likely. Maine already uses ranked ballots for president.30

Ranked ballots work a little differently here than in a typical race. With one seat, the goal is a majority. With several electors, the goal is a cutoff: one elector’s worth of votes. A candidate who can’t reach it is eliminated, and their voters’ ballots move to each voter’s next choice, until every remaining candidate has at least an elector’s worth. Then the electors are split as usual. This isn’t new. Australia elects its Senate this way, with voters ranking parties statewide,31 and Portland, Oregon, now elects three council members per district from a single ranked ballot.32

Ranked ballots are a separate reform, and a complementary one: Fair Slate works without them, but they do make it work better. The calculations elsewhere on this page don’t include them. They use the votes as cast.

That said, ranked-choice voting’s supporters often overstate its impact. It decides where the votes for the least popular candidates go, which in the last five elections was 1.3–5.4% of the national vote. That’s marginal by definition. Winner-take-all amplifies marginal differences, so a sliver of votes can swing every elector in a state (see spoilers and errors), and that makes ranked ballots look critical. Under Fair Slate, those votes still matter, but they can only settle who gets a state’s leftover elector. We still think ranked ballots are a good idea. In the form they’re usually proposed, though, they mostly reduce the harm of winner-take-all.

Far and away, 2016 would have been the recent election most affected by third-party electors. We can’t re-run 2016 with ranked ballots, because nobody’s second choices were recorded. As a rough estimate, if we count only votes for the two major candidates, 2016 comes out 270 Clinton, 268 Trump. Most of those third-party votes went to Gary Johnson, the Libertarian, who would have won 14 of the 16 third-party electors. Libertarians are often assumed to lean Republican, but when one poll asked Johnson’s supporters to choose between the two major candidates, they split almost evenly: 39% Clinton, 35% Trump.33 Any real result would depend on how those voters ranked their choices.

How a larger House could sharpen the result

Electors are whole people, so each state’s result gets rounded. The fewer electors a state has, the coarser that rounding is. With 3 electors, each one stands for about 33% of the state, so Wyoming’s 72% vote for Trump in 2024 becomes 2 of 3, or 67%. Pennsylvania’s 19 electors move in steps of about 5%.

Even that coarse rounding is far more accurate than winner-take-all. We measured how far the leading candidate’s share of electors landed from their share of the vote in all 153 state results from the last three elections. Winner-take-all typically missed by 43 points, and by 40 or more in 100 of them. Fair Slate typically missed by 3. Even in states with 5 or fewer electors, the typical miss was 6 points and the worst was 16. Wisconsin in 2024 shows the gap: winner-take-all missed its vote by 50 points, and Fair Slate by less than 1.153

How many points electors miss the vote by
State’s electorsWinner-take-all, typical*Fair Slate, typicalFair Slate, worst
3 to 538616
6 to 1043310
11 to 204725
21 or more4411

* These are actual results: the typical (median) state in each group across 3 elections, 2016 through 2024. Fewer electors make Fair Slate round more coarsely, so its misses grow in smaller states. Winner-take-all’s miss doesn’t depend on the number of electors at all, only on how close the race was, since a 51–49 state becomes 100–0. Its typical miss looks smaller in the smallest states because many of them vote lopsidedly, and largest in the middle group, which includes most of the swing states.

Every state’s elector count is its House seats plus two, so adding House seats gives every state more increments to work with. That raises the resolution of the result everywhere, not just in small states, and lets each state represent fractional vote shares more closely. It also shrinks the share of a small state’s electors that comes from its two Senate seats, which is the root of the Wyoming-versus-California complaint.

Votes67 / 33Electors75 / 25, 8 points off67 / 33, exactSenateSenateHouseHouseHouseHouse24 votes12 votes

It’s the same rounding problem the House already has. Each state’s House seats are its share of the national population, rounded to whole seats, so some districts hold far more people than others. A state’s electors inherit that rounding, and then its result gets rounded again. A larger House shrinks both: seats track population more closely, which makes the House more representative, and every state gets finer steps for its electors, which makes the Electoral College more representative.

The two reforms work on different levels. The House has been capped at 435 by federal statute, so changing it takes Congress, not an amendment.34 Fair Slate works at today’s size, and whenever the House grows, it gets more accurate automatically. For what different House sizes would do to every state’s weight, see how much a vote is worth.

Questions you might have

Does this help one party?

No, because winner-take-all doesn’t belong to one party. Both use it wherever they’re strong, and both leave the other side’s voters with nothing. In 2024 the four states that left the most votes without an elector were California, Texas, Florida, and New York.1 California’s 6.08 million Trump voters and Texas’s 4.84 million Harris voters both ended up ignored.

Fixing it asks some honesty of both sides. In the elections we re-ran, Fair Slate took electors from whoever won under winner-take-all and gave them to the runner-up: from Trump in 2016 and 2024, and from Biden in 2020. The shift follows the electorate, not a party, and balanced compacts make sure each side gives up only what it gets back.

If this wouldn’t have changed any recent winner, what’s the point?

Those results show how people voted under winner-take-all, not how they’d vote if every vote counted. Turnout already shows the difference. In 2024, about 70.6% of voting-age adults voted in the seven battleground states, against 63.6% everywhere else, according to an analysis by National Popular Vote.35 When a state’s result is a foregone conclusion, fewer people bother. If every state turned out like the battleground states, about 13.7 million more people would have voted in 2024, roughly six times Trump’s national margin of 2.3 million. With Fair Slate, every state has electors in play, and a turnout shift that size could have changed any of these elections.

The stability is reassuring, too. In four of the last five elections, Fair Slate would have picked the same winner, and in 2016 the House would have decided. That shows this isn’t a radical change. It doesn’t upend the Electoral College or tilt it toward a party. It just does what it set out to do: it implements the popular vote.

If you’ve wanted to “switch to the popular vote,” this is how. There’s no single national election to switch. Each state runs its own presidential election, and Fair Slate makes every one of them a popular vote.

Wasn’t the Electoral College created to protect slavery, why continue this?

Slavery was a major part of it, and that history shouldn’t be minimized. At the Constitutional Convention, James Madison argued that a direct popular vote had a serious problem for the South: far fewer of its people could vote, since enslaved people could not, so Southern states would carry less weight. Choosing the president through electors addressed slave states’ concerns.36 Because electors were tied to House seats, the three-fifths clause gave slave states extra electoral votes, and the legal scholar Akhil Reed Amar argues those votes decided the election of 1800.37 Historians still debate how central slavery was, alongside the framers’ distrust of direct democracy, their wish to keep Congress from choosing the president, and the difficulty of a national election in 1787.38

But why the Electoral College was created isn’t why it remains. It survives because it’s written into the Constitution, amendments are very hard to pass, and smaller states remain wary of being outvoted by larger ones, even without an issue like slavery dividing them.

An unjust origin doesn’t settle how best to improve it. That history strengthens the case for change, but it doesn’t change the practical obstacles: an amendment needs broad agreement from states with little reason to give it, and a compact like the NPVIC has to hold together permanently. Fair Slate starts with what states can do now, and addresses the most persistent issues it causes voters today.

Isn’t the real problem gerrymandering?

Not for president. Gerrymandering is drawing district lines to favor a party, and it shapes House and state legislative seats. Presidential electors aren’t chosen by district. Forty-eight states and DC award them on the statewide vote, and nobody can redraw a state’s borders. Each state’s number of electors comes from the census, not from how its districts are drawn.

The exceptions are Maine and Nebraska, which award one elector per congressional district: 5 of the 538. That’s the only place district lines touch the Electoral College.

If anything, winner-take-all is the ultimate gerrymander. It treats the whole state as one district and hands every elector to whoever wins it, so millions of voters on the losing side get no representation at all, no matter how the interior lines are drawn. Fair Slate keeps the statewide count, so there are still no lines to draw (see why not districts).

Proportional elections with multiple winners would help the House too. Larger districts that each elect several members would blunt gerrymandering there, and the idea has been proposed in Congress as the Fair Representation Act.39 For now, though, it isn’t allowed: since 1967, federal law has required that House members be elected from single-member districts, “no district to elect more than one Representative.”40 This, in particular, is why gerrymandering is so successful.

Doesn’t the rest of the world already use the popular vote?

Less than people assume. It’s tempting to treat a national popular vote as the ideal everyone else already has, and this plan as settling for less. But it isn’t a given, even abroad. Some countries, like France, Brazil, and Mexico, do elect their presidents directly. Many established democracies don’t. In parliamentary systems like the UK, Canada, Australia, Germany, and Japan, voters elect a parliament, and whoever can command a majority there becomes prime minister or chancellor.41 That’s closer to Congress choosing the president than to a national popular vote. Germany even chooses its president through a convention of federal lawmakers and delegates from its state parliaments, an electoral college in all but name.42

The Electoral College sits between the two. Voters choose directly, but state by state, and each state’s result becomes a slate of electors. The design is defensible, and other democracies use versions of it. Plenty of Americans value it for that reason: they care about federalism and the role states play, and see a national popular vote, which would take state lines out of the count entirely, as too drastic a change. The trouble is the last step: winner-take-all rounds every state’s result to all or nothing. Fair Slate keeps the structure and fixes the rounding.

Don’t small states like Wyoming get too much power?

They do get extra weight, but less than it seems, and it varies widely. Every state gets two electors for its senators, so the smallest states get the most electors per voter. Here are the seven jurisdictions with 3 electors, measured against the national rate of about 3.5 electors per million votes cast in 2024:1

The smallest jurisdictions’ extra weight, 2024
JurisdictionVotes castElectorsAt the national rateExtraEach voter’s say
WY269,04830.9+2.13.2×
DC325,86931.1+1.92.7×
AK338,17731.2+1.82.6×
ND368,15531.3+1.72.4×
VT369,42231.3+1.72.3×
SD428,92231.5+1.52.0×
DE512,91231.8+1.21.7×
All seven2,612,505219.1+11.92.3×

Together they carry about 12 extra electors. That’s comparable to what winner-take-all misallocated in just two mid-sized states in 2024, one won by each party: 8 in Georgia and 7 in New Jersey, electors that went to the other side because each state’s whole slate went to its winner. Counting every over-represented state, the small-state advantage adds up to about 41 electors. Winner-take-all sent 225 electors to a different candidate than a proportional split would have.

The two problems differ in kind, too. The small-state advantage makes some votes count extra. Winner-take-all makes millions of votes count for nothing. Both are worth fixing: enlarging the House would shrink the small-state advantage, and it would also make this reform more precise (here’s how the two fit together). For every state’s numbers, see how much a vote is worth.

Why would the party running a state legislature give up electors?

State legislatures decide how their electors are awarded, so they’re the ones who would make this change. In a compact, the majority party gives up some electors at home and gets the same number back from a state that leans the other way. Beyond that, the reasons depend on the state.

Swing states are trading away risk. In a close race, either party can lose every elector in any given year, and nearly half the state’s voters end up with no electors at all. Splitting them guarantees each party its share, whichever way the state tips.

Safe states are trading away being ignored. A shoo-in for one party gets little attention from campaigns, because its result is already known. Once its electors are split, every vote there can move one, and the state gets a seat at the table as an electorate worth competing for.

In the end, though, it’s voters who win with this plan, not parties. Every voter’s ballot counts toward an elector, whichever side they’re on. So the real push has to come from them: if voters want it badly enough, they can elect state legislators who will make it happen.

Don’t swing states like being swing states?

Some do, and that may make them slow to switch. Swing states get the campaign visits, the attention, and the promises. But the people most attached to that status are often the state’s politicians, who collect the attention, more than its voters.

For voters, being a swing state comes with difficulties. They get buried in TV ads, mailers, and text messages for months. And in a close race, nearly half of them end up with no electors at all, whichever way the state tips. Fair Slate guarantees each side its share.

If swing states do hold out, the order changes, not the idea. The first movers could be near-swing states that campaigns have stopped visiting, paired with each other: Ohio with Minnesota, Virginia with North Carolina, or New Hampshire with Montana, all matches from the table. Under winner-take-all, their results look settled. With Fair Slate, a few of their electors are in play every year, and they’re worth campaigning in again.

A Fair Slate state is neither a swing state nor a safe state, because safe and swing states are themselves artifacts of winner-take-all. Like a safe state, it knows most of its electors will follow its voters, with no all-or-nothing gamble. Like a swing state, it has electors in play every year, so campaigns still have a reason to show up. That mix can appeal to states on either side of the line.

If turnout will change once winner-take-all is gone, how can a compact stay balanced?

It can’t stay perfectly balanced, and it doesn’t need to. Partnering states is meant to roughly balance the sting of giving up electors at the start. It can’t guarantee that two states stay in lockstep forever.

A compact could try. Two partners could agree to pool their popular votes and allocate their electors together based on the combined result. But that brings back the NPVIC’s problems: a state could end up awarding electors against its own voters, the states would have to certify each other’s counts, and Congress would have more reason to insist on requiring it goes through an approval process. We think each state allocating its own electors from its own results is the simplest and most direct way to increase representation and participation.

The partnership itself also helps. Each compact pairs a state that leans red with one that leans blue, so the voters most likely to start showing up, Democrats in the red state and Republicans in the blue one, push in opposite directions. Large, unexpected swings toward newly engaged voters should tend to offset each other.

And if a state does shift in an unexpected way, that isn’t Fair Slate distorting the result. It shows the state was less polarized than it looked. Winner-take-all had been discouraging the voters on the losing side, and once that chilling effect is gone, the state’s real makeup shows through.

Remember, too, that under winner-take-all a slight change in turnout can flip a whole state, but under Fair Slate it moves a state’s electors only a little, in proportion to the voters who showed up. Even if a state’s turnout rose by half the gap between battleground states and the rest, and every new voter backed the same side, most states would shift by zero or one elector, and the largest by two. That keeps compacts stable. But because more states have electors in play, those small shifts add up, and new voters count in every Fair Slate state instead of only a few swing states.

Compromise? Partnership? Isn’t this all a bit idealistic?

It’s the least idealistic option on the table. Winner-take-all is set state by state, so there are only a few ways to change it:

  • A constitutional amendment. Two-thirds of both houses of Congress to propose it, then three-quarters of the states, 38 of them, to ratify it.10
  • The NPVIC. States holding 270 electors, which means at least 20 states plus DC, all joining and all staying in perpetually.15
  • One state going it alone. It gives up electors and gets nothing back. That’s the most idealistic option.
  • Nothing. Winner-take-all stays, and so do the millions of votes it leaves out.

Fair Slate asks for the least: two states, or a small group, trading like for like. Each side gets back what it gives up, the trigger protects it if a partner doesn’t follow through, and the agreement is enforceable. That isn’t blithely trusting the other side, it’s a deal. Incremental change may be a bit less flashy, but it's often easier to accomplish.

Doesn’t partial adoption leave the system unfair?

The system is already unfair. Winner-take-all leaves millions of voters with no electors in every state that uses it, so partial adoption doesn’t add unfairness, it removes some. States that don’t switch keep winner-take-all, but every state that does gives its voters real representation, and every balanced compact improves the system without tilting it toward either side.

We hope each switch makes the case for the next. Once voters can point to a state where both sides get electors, it gets harder to accept a system at home where nearly half of them get none.

Representation is messy, and the Constitution leaves it that way by giving this choice to each state.4 States will move at different speeds and for different reasons. That’s small, local government at work: your state’s voters and legislators deciding how your state is represented, with no national tally. Results may be a little less predictable. What’s guaranteed is that, in every state that switches, the electors reflect what its voters chose.

Can a state with only 3 electors really split fairly?

Only roughly. With 3 electors, most states split 2 to 1 whether the margin is modest or large, because each elector stands for a third of the state. It’s still far closer to the vote than 3 to 0, and a larger House would sharpen it.

Would candidates campaign in more places?

They’d have reason to. A candidate could gain an elector in Texas or California, not just in a handful of swing states. How much campaigns would actually change is a prediction, and it depends on how many states take part.

Who are the electors under this plan?

The same people parties already nominate. Each party still names a full slate, and the state seats as many from the top of each list as that candidate earned. Rules for replacements and back-ups would remain as-is, just for a slate of limited size.

Pass it on

Most people have never heard this idea, and it’s simple enough to explain in a sentence: your state’s electors should match your state’s voters. Share this page, and ask your state legislators where they stand.

Sources

  1. Federal Election Commission, Official 2024 Presidential General Election Results
  2. U.S. National Archives, Electoral College FAQ
  3. Federal Election Commission, Federal Elections 2016
  4. U.S. Constitution, Article II, Section 1
  5. Federal Election Commission, Federal Elections 2020
  6. Ballotpedia, Colorado Selection of Presidential Electors Act (2004)
  7. Ballotpedia, States with initiative or referendum
  8. Federal Election Commission, Federal Elections 2012
  9. Federal Election Commission, Federal Elections 2008
  10. U.S. Constitution, Article V
  11. U.S. Constitution, Twelfth Amendment
  12. Floodlight, “‘They stole an election’: Former Florida senator convicted in ‘ghost candidates’ scandal”
  13. National Constitution Center, “On this day, Bush v. Gore settles 2000 presidential race”
  14. Federal Election Commission, Federal Elections 2000: Presidential General Election Results by State
  15. National Popular Vote, Status of the compact (18 states and DC, 222 electoral votes)
  16. FairVote, North Carolina Senate passes National Popular Vote bill SB 954, 30–18 (2007)
  17. Pew Research Center survey of 9,720 adults (2024), as reported by National Popular Vote
  18. Text of the Agreement Among the States, as introduced in Texas S.B. 919 (2011), Articles III and IV
  19. Wikipedia, Constitutionality of the National Popular Vote Interstate Compact
  20. Brian J. Gaines, “Popular Myths About Popular Vote-Electoral College Splits,” PS: Political Science & Politics 34, no. 1 (2001)
  21. McPherson v. Blacker, 146 U.S. 1 (1892)
  22. Chiafalo v. Washington, 591 U.S. ___ (2020)
  23. FairVote, How the Electoral College Became Winner-Take-All (2012)
  24. Arizona State Legislature v. Arizona Independent Redistricting Commission, 576 U.S. 787 (2015)
  25. Constitution Annotated (Cornell LII), Legal Effect and Interpretation of Compacts
  26. U.S. Steel Corp. v. Multistate Tax Commission, 434 U.S. 452 (1978)
  27. 4 U.S. Code § 112, Compacts between States for cooperation in prevention of crime; consent of Congress (Crime Control Consent Act of 1934)
  28. West Virginia ex rel. Dyer v. Sims, 341 U.S. 22 (1951)
  29. Texas v. New Mexico, 482 U.S. 124 (1987)
  30. FairVote, Maine’s first use of ranked choice voting for president
  31. Australian Electoral Commission, How the Senate result is determined
  32. City of Portland, Electing 12 new city councilors: overview of multi-winner ranked choice (2024)
  33. NBC News, “How Third-Party Candidates Could Affect the 2016 Race” (NBC News|SurveyMonkey poll, 2016)
  34. U.S. House of Representatives, History, The Permanent Apportionment Act of 1929
  35. National Popular Vote, Voter turnout in battleground and spectator states in 2024
  36. James Madison, Notes of Debates in the Federal Convention, July 19, 1787 (Avalon Project, Yale Law School)
  37. Akhil Reed Amar, “The Troubling Reason the Electoral College Exists,” TIME (2016)
  38. PBS NewsHour, “Electoral College is ‘vestige’ of slavery, say some Constitutional scholars”
  39. FairVote, The Fair Representation Act (H.R. 4632)
  40. 2 U.S. Code § 2c, Number of congressional districts; number of Representatives from each district (1967)
  41. Institute for Government, “Appointment of prime ministers and the role of the King”
  42. German Federal Ministry of the Interior, Election of the Federal President

Electoral and vote figures are computed from the FEC’s official results. Compact status as of November 2026.