Virginia HB965 Explained: The National Popular Vote Compact

On April 13, 2026, Governor Spanberger signed into law HB965 (Chapter 715), entering Virginia into the National Popular Vote Interstate Compact. The legislation, which takes effect July 1, 2026, has sparked intense debate about its constitutionality and implications for how presidents are elected. Here's what every Virginian needs to know.

What HB965 Does

HB965 commits Virginia to award all of its electoral votes to whichever presidential candidate wins the national popular vote across all 50 states and the District of Columbia—regardless of how Virginians themselves vote.

Current Status:

• Passed House: 61-36 (February 12, 2026)

• Passed Senate: 21-19 (March 2, 2026)

• Signed into Law: April 13, 2026

• Effective Date: July 1, 2026

When Does It Actually Take Effect?

The compact includes a critical safeguard: it does not take effect until states representing at least 270 electoral votes (a majority) have joined.

With Virginia's 13 electoral votes, the compact now has 222 electoral votes from 18 states plus D.C.—still 48 votes short of the 270 needed to activate. Until that threshold is reached, Virginia will continue to award its electoral votes in the traditional manner based on the state's own vote.

The Constitutional Questions

Many Virginians are asking: "How is this even legal?" Here's what legal scholars on both sides are saying:

Arguments FOR Constitutionality:

1. State Authority Under Article II: The U.S. Constitution's Article II, Section 1 explicitly gives states the power to appoint electors "in such Manner as the Legislature thereof may direct." This broad language arguably permits states to allocate electoral votes based on the national popular vote.

2. No Federal Approval Needed: Supporters argue the Compact Clause (Article I, Section 10) only requires Congressional approval for interstate agreements that increase state power at federal expense. Since the Constitution already grants states full authority over elector selection, no additional approval is needed.

Arguments AGAINST Constitutionality:

1. Compact Clause Violation: Critics contend that an agreement among states to effectively bypass the Electoral College system fundamentally alters the federal-state balance of power and requires Congressional consent, which has not been obtained.

2. Voter Disenfranchisement: Opponents argue the compact could nullify Virginia voters' choices. For example, if Virginians vote 60% for Candidate A, but Candidate B wins the national popular vote, all of Virginia's electoral votes would go to Candidate B—the candidate Virginians voted against.

3. "Republican Form of Government" Guarantee: Some legal experts warn this arrangement may violate the Constitution's guarantee that each state maintain a republican (representative) form of government.

4. Equal Protection Concerns: The compact could shift election influence away from smaller states and rural areas, potentially raising Equal Protection Clause issues.

What Happens Next?

Legal experts across the political spectrum agree on one thing: if the compact ever reaches 270 electoral votes, it will immediately face federal court challenges, likely reaching the Supreme Court before taking effect in a presidential election.

The key legal questions that would be resolved include:

• Whether Congressional approval is constitutionally required

• Whether the compact violates Article II or other constitutional provisions

• How recounts and vote-counting disputes would be handled nationally

• Whether member states can be compelled to honor the agreement

Can Virginia Withdraw?

Yes—the compact allows states to withdraw, but with a significant restriction: any withdrawal within six months of the end of a presidential term does not take effect until after the next president is inaugurated. This prevents states from withdrawing strategically when they dislike a pending election outcome.

The Bottom Line

HB965 is now Virginia law, but its practical effect remains uncertain and distant. The compact:

• Is currently in effect as state law (as of July 1, 2026)

• Does NOT yet govern how Virginia awards electoral votes

• Will NOT take effect until reaching 270 electoral votes

• May face constitutional challenges if that threshold is ever reached

Whether you view this legislation as a necessary reform to ensure every vote counts equally or as an unconstitutional attempt to circumvent the Electoral College, one thing is clear: the debate over the National Popular Vote Compact is far from over.

For More Information:

• Full text of HB965: Virginia Legislative Information System

• National Popular Vote organization: nationalpopularvote.com

• Independent analysis: Ballotpedia's National Popular Vote Interstate Compact page

The Virginia Council provides this information for educational purposes. We encourage citizens to research this issue thoroughly and engage with their elected representatives.