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National Popular Vote is a Dangerous Threat to our Republic

Nevada Families for Freedom

State Affiliate National Eagle Forum

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186 Ryndon Unit 12, Elko, Nevada 89801, 775-397-6859, Sparks 775-356-0105

Editor: Janine Hansen

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National Popular Vote is a Dangerous Threat to our Republic

NPV is targeting Republican States

The National Popular Vote Compact is an End run around the U.S. Constitution

Circumventing the Electoral College and Stealing Votes

By Janine Hansen, Eagle Forum National Constitutional Issues Chairman

This article was written for the National Eagle Forum Report August 2019

In 2016, if the National Popular Vote Compact was in force, Hillary Clinton would be our President.

The National Popular Vote Compact states that once States with electoral votes equaling 270 enact the Compact, it will become the law without ever passing Congress and without being sent to the states for ratification as required to amend the U.S. Constitution. National Popular Vote Compact is an end run around the Constitution.

A state’s Electoral votes are based on the same formula used for Congress which was established by the Great Compromise that brought into being the U.S. Constitution. Each state receives 2 electoral votes for their U.S. Senators plus one vote for each of their Congressmen. So a small state like Nevada has 2 U.S. Senators and 4 Congressmen equaling 6 electoral votes. California has 2 U.S. Senators plus 53 Congressmen equaling 55 Electoral votes. The Electoral College gives small states a slight advantage. This advantage vanishes with National Popular Vote. Small states would become meaningless flyover states in Presidential Elections. Only the big population states would matter such as California, Florida, New York, and Texas.

NPV eliminates the geographic balance provided by the Electoral College which makes all regions of the country, states, both small and large, liberal or conservative, important in the Presidential election.

The Electoral College protects us from Vote Fraud providing 51 individual elections in the states and District of Columbia not just one election which can more easily be stolen. The Electoral College protects us against the instability of nationwide recounts and endless lawsuits.

National Popular Vote sets up a system of betrayal of the Voters. National Popular Vote is not a pure national popular vote. It’s a hybrid system keeping the Electoral College in place, but creating a vote stealing scheme to compile a National Popular Vote winner. Under NPV if a State votes for the Democrat Presidential Candidate, but the National Popular Vote winner is determined to be the Republican or the Independent, the Secretary of State or Chief Election Officer will be forced to betray the Voters of their state certifying presidential electors for the candidate who did not receive the popular vote in their state. This kind of manipulation and betrayal will infuriate the voters and subject those who supported such a vote stealing scheme to their wrath. Consider that NPV would increase the stakes for voter registration fraud and vote fraud.

The following States plus the District of Columbia have already signed onto the National Popular Vote State Compact circumventing the Constitutional Amendment process and making the Electoral College meaningless! The states are listed with their number of electoral votes: California 55, Connecticut 7, District of Columbia 3, Hawaii 4, Illinois 20, Maryland 10, Massachusetts 11, New Jersey 14, New York 29, Rhode Island 4, Vermont 3, Washington 12, Colorado 9, New Mexico 5, Delaware 3 and Oregon 7 equaling 196 electoral votes. This means that according to NPV Compact they are more than 72.6% of the way to their goal or just 74 electoral votes short of putting the Compact into effect!

Notice that every one of these states which has passed the National Popular Vote Compact voted for Hillary Clinton in the 2016 election. Five more states voted for Clinton in 2016 including Minnesota with 10 electoral votes, Maine with 4, New Hampshire with 4, and Virginia with 13, and Nevada with 6 whose governor just vetoed NPV. Those Clinton states excluding Nevada add up to 31 electoral votes. So what this means is that the National Popular Vote organization will have to target Republican states to get enough states to equal 43 electoral votes if they are to achieve their NPV goal of states with 270 electoral votes to put the Compact into operation.

For years now NPV has been targeting Republican states. They hire Republicans legislators, lobbyists and former Congressmen to go to any state where NPV is introduced in order to seduce more Republicans into supporting it. Saul Anuzis, former Republican Chair of Michigan, has worked for NPV for years lobbying across the country. In addition, Michael Steele former Republican National Chair is supporting NPV, even though the National Republican Committee voted to oppose National Popular Vote. These operatives have been more and more successful getting bipartisan support in Republican States including Arizona, Michigan, Missouri, and Oklahoma. Eight former Chairs of the American Legislative Exchange Council, our old nemesis on Article V—the Constitutional Convention, have endorsed National Popular Vote. This highlights our concern that the billionaires who desire to overthrow our Constitution are working together to pass NPV.

We must assume that every Republican State will be a target of National Popular Vote and of course we assume they will eventually be able to get the rest of the Hillary Clinton States from 2016. That puts them perilously close to implementing National Popular Vote, needing Republican states with just 43 electoral votes.

Robert Hardaway, Professor of law at the University of Denver’s Strum College of Law wrote an article in the Huffington Post in Nov. 12, 2017 entitled “How the Electoral College Saved the Day. Again.” This article reveals the problem of endless recounts and court challenges that National Popular Vote would unleash.

“Thankfully for the Republic, John F. Kennedy was successful in defeating the Republican proposal to abolish the Electoral College, and by implication also preserving the existence of the U.S. Senate. The wisdom of defeating such a proposal was reflected in the election of 1960, in which the popular vote was so narrow (within seven tenths of one percent), that had the Electoral College been abolished and a so-called “poplar vote” system been in place, the narrow margin of popular votes would have triggered re-counts in almost every state. If one recalls the national trauma of recounts in but one state in the 2000 election—Florida—one can imagine the national nightmare of recounts and court challenges in all 50 states under a popular vote system. Indeed, it has been estimated that without the Electoral College, it would have taken at least 6-9 months before a popular vote winner could be declared, if then…Indeed, without the Electoral College, Trump would almost certainly have had a claim to countless recounts in every state because of the narrow margin of popular votes in favor of Clinton.”

Consider the disaster to our nation of having no President elected for 6-9 months after the election.

The Mechanics of NPV Leave a Myriad of Unanswered Questions and Dangers

The National Popular Vote Compact has no minimum percentage for a candidate to be declared the National Popular Vote Winner. What this means is in a 3 way race a candidate could win with 35% of the popular vote or even less. Because the National Popular Vote Compact has NO minimum percentage required for the NPV Winner we could elect a candidate with no national mandate.

There is No National Authority for determining the accuracy of the National Popular Vote for President. The Nevada legislative proposal for NPV is exactly the same as proposals in other states. It requires on page 2 line 26: …the chief election official of each member state shall determine the number of votes for each presidential slate IN EACH STATE OF THE UNITED STATES AND THE DISTRICT OF COLUMBIA in which votes have been cast in a statewide popular election and SHALL ADD SUCH VOTES TOGETHER TO PRODUCE A “NATIONAL POPULAR VOTE TOTAL” for each presidential slate.

So each Secretary of State or chief election officer is responsible for determining the validity of the presidential election vote in all 50 states and the District of Columbia. Who is the arbitrator if states don’t agree? There is no answer in the NPV Compact. We can expect endless court cases and no legitimate president elected for months.

Currently, the Director of the Federal Register has been designated by the Archivist of the United States and is responsible for obtaining, from the states, the certificated results of the election. There is a careful process for determining the correct election results. There is nothing comparable to that well defined and safeguarded process in the National Popular Vote Compact. How will the public be able to trust the election results by 51 chief election officers when there is no national process to certify the votes? In the past, some states have even failed to send their results to the Archivist of the United States.

What happens if, as a part of the Compact, a State’s Secretary of State or Chief Election Officer designates a different National Popular Vote Winner than the one of the other states in the Compact designate? What if a Chief Election Officer of a state wherein the Popular Vote differs from the National Popular Vote “Winner” REFUSES to betray the voters of his state and does not certify the electors for the National Popular Vote “Winner”? Will the other States take that State to Court? Will it throw the election into the hands of the Supreme Court? What happens, as just happened in a North Carolina Congressional race, if voter fraud is discovered and the election is overturned? Does that nullify the National Popular Vote Total and nullify the Presidential election? Will it result in endless recounts and lawsuits? Does it delay the election of the President throwing the nation into a Constitutional Crisis and political chaos?

If we look at recent Presidential Election history from 1992, we will see that Ross Perot, an Independent millionaire and self financed Candidate, received 19% of the vote most likely causing George H.W. Bush to lose his second term and William Clinton to be elected.

Before Ross Perot withdrew and then reentered the race, he was polling at 39%. Although Ross Perot received no Electoral College Votes, in a National Popular Vote Election that does not matter. If he or some other Independent Candidate received 39% of the popular vote, they would probably have obtained enough votes to be named the National Popular Vote winner. Before the 1992 election Republican Bush was polling at 31% and the Democrat Clinton had 25%.

Up to 42% of Americans identify as “Independents”. People are increasingly becoming disenchanted with both political parties. There are other third parties, which would also deprive the major parties of some of the national popular votes including the Libertarian Party, Independent American/Constitution Party, Green Party and others.

In 1860 when Republican Abraham Lincoln was elected there were actually four candidates in the race. Lincoln received 39% of the popular vote, Stephen A. Douglas (Northern Democrat Party) received 29.5%, John Breckenridge (Southern Democrat Party) received 18%, and John Bell (Constitutional Union Party) received 12% of the popular vote.

We know what happened with the election of Lincoln. He had no national mandate winning with only 39% of the Popular Vote. The stark divisions in the nation at that time resulted in the Civil War and the bloodshed and death of 620,000 Americans.

National Popular Vote creates instability jeopardizing what the Electoral College has provided for over 232 years---the peaceful transfer of power. National Popular Vote is a dangerous threat to our Republic.

Signs at Kroger Supermarkets & Walmarts: “Product Shortage: Due To A Poor Harvest Season, We Are Experiencing Shortages On Many Of Our Canned Vegetable Items. We hope to be back in stock by the end of August.” By Tyler Durden, Zero Hedge Fund, 7/17/2019

“For months, I have been reporting on the extremely bizarre weather patterns that are causing crop failures all over the planet. But I certainly did not expect that we would already begin to see product shortages on the shelves of major U.S. supermarkets this summer. What I am about to share with you is shocking, but the truth needs to get out.”

“Found at a Tennessee Walmart in the canned vegetable section! I bet Walmart has thousands of these flyers printed ready for the recent catastrophic crop flooding to catch up to store shelves! Expect to see many more of these signs at your local Walmart and grocery stores over the next year. A side note: Prices are already up 20+percent on bread, milk, eggs, etc. well before the crop shortage even effects store shelves! Three months ago at my Walmart bread was $0.99 for the off brand, now the same bread is $1.39 and rising!” Daniel Moore 7/8/2019 Facebook

“I received a very detailed email from a reader that had some excellent intel about what was going on at his own local Wal-Mart. The following is an excerpt: This is alarming in and of itself however, they are experiencing shortages across most product categories. The only information I could find online was pointing to a driver shortage. I noticed the shortage over the holiday weekend and returned this past weekend to take a closer look. There were problems with paper products, OTC medications, pickles (everyone wanted pickles?) lunch meats and hot dogs, vinegar, produce, alcohol, eggs, cereal, and feminine hygiene products. None of these items had signs like those posted in canned veggies, instead there were small tags placed over the original price tag they say ‘out of stock’ in very small print. (At Walmart in Elko there were no sweet pickles).

“One more item to note is that the first trip I made over the fourth of July weekend was to purchase canned corn. They had 9 cans of what I was looking for so I purchased them all. The following weekend they had restocked the same corn (there were 10 cans) but the price had increased almost 30%! The original purchase was for $1.44 while one week later the price had increased to $1.88.”

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