Should U.S. Territories Get Votes in the Electoral College? (H. Joint Res. 137)

What is H. Joint Res. 137?

(Updated March 11, 2022)

This joint resolution would propose a Constitutional amendment giving U.S. territories with populations over 30,000 electoral votes in presidential elections. Elector votes would be granted solely based on population. Congress would be responsible for determining the apportionment of electoral votes to the territories, with Puerto Rico likely receiving four and each of the four remaining territories receiving one vote each.

Five U.S. territories are currently excluded from the Electoral College: Puerto Rico, Guam, American Samoa, the Virgin Islands, and the Northern Mariana Islands.

As a proposed constitutional amendment, this resolution would have to pass both chambers of Congress with a two-thirds vote and be ratified by three-fourths of the state legislatures (38 states) to amend the Constitution and take effect.

Argument in favor

U.S. territories are affected by politics on the mainland, and their residents should be able to participate in electing the president and vice president whose decisions affect their lives.

Argument opposed

The Electoral College excludes U.S. territories from having a say in electing the president and vice president because they aren’t states. If that changes, they’ll be included.

Impact

U.S. citizens living in Puerto Rico, Guam, American Samoa, the Virgin Islands, and the Northern Mariana Islands; presidential elections; Congress; state legislatures; the Electoral College; and the Constitution.

Cost of H. Joint Res. 137

A CBO cost estimate is unavailable.

Additional Info

In-Depth: Rep. Madeleine Z. Bordallo (D-GU-At Large) introduced this joint resolution to allow the nearly four million American citizens residing in U.S. territories to vote in presidential elections:

“I am proud to introduce this Constitutional Amendment so that every American is finally able to cast a vote for President and Vice President of the United States, just as the Founding Fathers intended. Casting a ballot for President is an inalienable right for all Americans and the Amendment I introduced today is yet another step towards upholding our Constitution’s solemn promise to form a more perfect union. This Amendment is a common sense solution to a fundamental error in the Constitution and solves voting inequities while accounting for the differences in each of the five territories. The people of the territories are proud Americans who support the Constitution and many have given their lives in its defense. It is high time the people of Guam and those in the other territories are given a voice in election of President and Vice President.”

Voting rights advocate and We the People Project founder Neil Weare argues that current voting laws are especially unfair to residents of Guam and American Samoa, given those islands’ high military enrollment:

“Someone who's denied full participation in American democracy… for these people who've served to defend the American Constitution, it's a real insult to them as Americans."

Of Note: Currently, people born in Guam, the Virgin Islands, the Northern Mariana Islands, American Samoa, and Puerto Rico are all Americans (in fact, all but American Samoans are U.S. citizens; American Samoans are U.S. nationals), and they can vote in U.S. Congressional elections and presidential primaries. However, they can’t cast votes for President and Vice President unless they move to the mainland.

Media:

• Sponsoring Rep. Madeleine Z. Bordallo (D-GU) Press Release