Major campaign underway to nullify Electoral College

[Del Tachi]

Okay, so I have a question about this NPVIC thing…

Let us assume that it actually garners enough support to go into effect.  Let’s also assume that it withstands any legal challenges that it might encounter and that it is upheld by the SCOTUS. 

THIS IS THE SCENARIO:

The year is 2020. 

The closest national election in twenty years has just taken place.  In it, the Republican candidate has 48.9% of the national popular vote--the most of any candidate.  Because of this, the NPVIC should elect him president.

NOT SO FAST!!!

Only minutes after the Republican is declared the winner, political junkies (who’s lives have been made a lot less exciting by the NPVIC) do insanely fast calculations to conclude that if electoral votes were being allocated under a statewide-WTA (the old way of doing things) then the Democratic candidate would actually win the election with a 273-265 electoral college victory!

Since the Democratic candidate and his army of super-lawyers are sexy, master statesmen they are able to do enough arm-wrangling in the NPVIC states to coerce the state legislatures to send electors to the electoral college who will support the statewide popular vote winner, who turns out to be the Democratic candidate.  At the electoral college meeting on December 18th they do exactly that, all of the NPVIC member states (except for one) decide to cast their electoral votes to the Democratic candidate.  In a clear violation of the NPVIC, he is elected president despite losing the popular vote.

So, this is the loophole in the NPVIC.  Its not legally binding!  A state could “pull-out” of the NPVIC at the last moment and thus swing the election.  Even worse, the other member states could take no action against those who violate the agreement--as the states are given the right to appoint their electors in whatever manner they see fit in the Constitution. 

So, how is this problem reconciled?