Art IV Sec 4: “The United States shall guarantee to every State a Republican Form of Government”
Because selection of Electors and instructions to Electors are State matters, the popular vote legislation, which changes both of those State matters for States that will not have approved and enacted the legislation, violates Art IV Sec 4.
Also, Art I Sec 10: “No State shall, without the Consent of Congress . . . enter into any Agreement or Compact with another State”
Has Congress consented to this?
See my post #24, lengthy, but fully explains the situation.
The right of a state to choose the method of selecting its electors is plenary [unalterable], per the Constitution [and Supreme Court ruling]. No action by Congress needs to be taken.
HOWEVER, per Supreme Court ruling, when a state chooses to allow voters to select its electors - then EACH vote MUST be given equal weight and 14th Amendment Equal Protection applies. Meaning that the state cannot disqualify a majority vote within its state and hand its electoral votes over to the winner of the majority vote in the nation.
These two things are diametrically opposed to each other and would require a Supreme Court ruling one way or the other.
ALSO, the 14th Amendment has a clause that strips states of representation in Congress in proportion to the number of voters disenfranchised - if the state denies its citizens the right to vote or abridges their right to vote.
IF, the NPV was deemed to be constitutional, SCOTUS might ALSO say that the states that enter the Compact would lose their representation in Congress by the proportion that the state abridged its citizens. Which, in the case of NPV, is ALL of its representation.