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EDITORIAL: Changing the system

Is the Electoral College doomed?

To this very moment, the Electoral College system works as intended, making it necessary for today's candidates and national parties -- especially when voter loyalties are so evenly divided -- to visit and address issues of concern to states even as electorally "tiny" as five-vote Nevada.

Those who want to be rid of the Electoral College could always seek a constitutional amendment. But some now think they've now found an easier end run around this "outmoded relic."


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  • Maryland last year became the first state to approve a "national popular vote" compact that would allocate all of its 10 electoral votes to the candidate who wins the most votes nationwide, rather than to the candidate who garners the most votes in the state.

    New Jersey, Hawaii and Illinois have since followed suit and passed laws that would allot their collective 40 electoral votes the same way. Identical bills are moving in Massachusetts, New York, North Carolina and Rhode Island, which have a total of 62 electoral votes.

    Sponsors say the measures would take effect only when states that collectively command at least 270 electoral votes pass identical measures -- that being the number of electoral votes needed to win the presidency.

    Under the current system, candidates have no reason to poll, visit or pay attention to the concerns of states where registrations so favor one of the two major parties that they're not "in play," objects Barry F. Fadem, president of the National Popular Vote, the California-based group angling to persuade state legislatures to sign the sovereignty suicide pledge.

    But California Gov. Arnold Schwarzenegger is among three Republican governors who have vetoed such a bill when it landed on their desks. In his veto message, Gov. Schwarzenegger noted the plan "disregards the will of a majority of Californians," pointing out that the state's electoral votes under the new system could be awarded to a candidate most Californians didn't vote for.

    Hawaii Gov. Linda Lingle voiced a similar objection as she vetoed the bill twice. (This year, lawmakers overrode her objection.) Vermont Gov. Jim Douglas last month also rejected the measure, saying it would decrease the influence of small states such as Vermont.

    John Samples, director of the Cato's Center for Representative Government in Washington, D.C., calls the National Popular Vote campaign a "novel gimmick," warning it's "asking for a mess" if enacted.

    What if a state's voters file suit after they see the results, complaining their own state's majority has been disenfranchised? Would the courts step in?

    Or what if the electors fail to act as directed, which has happened 156 times in history?

    Gary Gregg II, director of the McConnell Center at the University of Louisville in Kentucky and a fan of the Electoral College, agrees the "National Popular Vote" would change the way candidates campaign, and not in a good way. Candidates would be drawn to the cities like rats. "Rural areas would never see a presidential candidate. Small states would never see a presidential candidate," Mr. Gregg predicts.

    Calls to reform or abolish the Electoral College grew louder after the 2000 presidential election, when former Vice President Al Gore won the popular vote, but didn't have enough votes in the right states to carry the Electoral College.

    "It's not a partisan issue. This isn't about electing a Democrat president, but electing a president democratically," contends Maryland Democratic state Sen. Jamie Raskin, who introduced the measure there.

    But the California Legislature -- any state legislature -- is perfectly free to vote tomorrow to award that state's electoral votes by congressional district (bestowing the two additional votes to the candidate who wins the statewide majority) as Maine and Nebraska already do.

    Candidates might still avoid San Francisco (which wouldn't vote Republican if an enemy fleet were steaming into the bay) and Orange County (which wouldn't vote Democratic if so instructed by the ghosts of John Wayne and Charlton Heston). But plenty of the Golden State's other districts would be in play, overnight. So why don't they try that?

    Unless, of course, they like an "always-blue" California just fine, and are only frustrated that the rest of the map refuses to fall into line.

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    timinator wrote on June 19, 2008 04:37 PM: The Electoral College is a feature of republican government. The Founders did not trust pure democracy, and wanted the states, not the people at large, to elect the president.

    This was also true of the way U.S. Senators were chosen prior 1913, as they were determined by each state's legislature, as opposed to popular vote.

    It was believed that this added step in the process would better secure the rights and liberties of society by protecting against what the Founders termed "mobocracy", wherein the passions of the day run roughshod over constitutional authority.

    Certainly this can be seen in the massive advance in socialism since 1913.


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    dennis1944 wrote on June 19, 2008 03:14 PM: The old system has worked pretty well for a long time. Of course we didn't have things like activist courts and judges who think they are supposed to make law instead of interpreting and upholding it. If ya wanna change it try amending the constitution. Otherwise simply SHUT UP!


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    John F wrote on June 19, 2008 12:04 PM: Voters in states that are predictably Republican or predictably Democratic (like Oklahoma and New York) are not disenfranchised; quite the contrary. You're confusing the attention of the candidates during the campaign with being enfranchised. Anyway, a vote for Gore in Texas in 2000 was not wasted any more than a vote for Bush in New York would have been had the election been decided on the popular vote. They were merely two votes on the losing side; one in a state election, the other in a national.

    While I agree that, in principle, going to a national popular vote removes any inequality that may exist in the value of a vote cast in California and the value of a vote cast in Alaska, the electoral college exists to serve us in a number of ways.

    1)The electoral college lessens the likelihood that any candidate could gain election based on strong support in a single region. It takes about 60 million votes to get elected if we use the popular vote. There are over 70 million people of voting age in the South alone. There are over 25 million in California alone. There are nearly 40 million just in Pennsylvania, New Jersey, New York, Connecticut, and Massachusetts. You get the idea.

    2) It maintains the federal character of our government by treating states as separate the entities that we ostensibly are.

    3) Unfettered majorities, as Madison argued, tend toward tyranny. The electoral college was designed to protect the rights of minorities.

    Presidents still have to worry about the concerns of states they don't think they can lose in Presidential elections. In 1960 the South was solidly Democratic, and had been for decades. It isn't any longer.


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    Herb wrote on June 19, 2008 11:25 AM: I personally love the electoral college. It saved us from Al Gore in 2000.
    I could see it working it's magic again this year.


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    susan wrote on June 19, 2008 10:55 AM: Among the 21,915 electoral votes cast in the 55 presidential elections in the 217 years between 1789 and 2004, there have been only 11 cases when a presidential elector has cast a vote for President in an unexpected way. None has ever affected the outcome of a presidential election. Of these only Samuel Miles in 1796 might have had reason to believe, at the time he voted, that his vote might affect the outcome of the election in the Electoral College. Nine of the 11 were "grand-standing" electors and there was one accidental electoral vote.

    Presidential electors are typically long-standing supporters of their political party and presidential candidate; however, there is always a potential problem in this area. Nineteen states have various laws on this topic.

    The potential problem of faithless electors is no better or worse under the proposed "The Agreement Among the States to Elect the President by National Popular Vote" than it is under the current system. If there is concern about this potential problem, the states already have ample power to pass laws to prevent or remedy the problem.

    For more details, see section 2.2.2 of the book Every Vote Equal: A State-Based Plan for Electing the President by National Popular Vote.

    www.NationalPopularVote.com


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    susan wrote on June 19, 2008 10:52 AM: The present system of electing the President has not "served us well" because the winner-take-all rule (currently used by 48 of 50 states) awards all of a state's electoral votes to the candidate who gets the most votes in the state. Because of these 48 state laws, presidential candidates have no reason to poll, visit, advertise, organize, campaign, or worry about the concerns of voters of states that they cannot possibly win or lose. Instead, candidates concentrate their attention on a handful of "battleground" states. 88% of the money is focused onto just 9 closely divided battleground states, and 99% is concentrated in just 16 states. Two thirds of the states, are effectively disenfranchised in presidential elections. Another effect of the winner-take-all rule is that a candidate can win the Presidency without winning the most popular votes nationwide – something that happens in 1 in 14 elections (1 in 7 non-landslide elections).


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    susan wrote on June 19, 2008 10:51 AM: The small states are the most disadvantaged under the current system. Political clout only comes from being a closely divided battleground state.

    Small states are almost invariably non-competitive in presidential election. Only 1 of the 13 smallest states are battleground states (and only 5 of the 25 smallest states are battlegrounds).

    Of the 13 smallest states, ID, MT, WY, ND, SD, and AK regularly vote Republican, and RI, DE, HI, VT, ME, and DC regularly vote Democratic. These 12 states together contain 11 million people. Because of the two electoral-vote bonus that each state receives, the 12 non-competitive small states have 40 electoral votes. However, the two-vote bonus is an entirely illusory advantage to the small states. Ohio has 11 million people and has "only" 20 electoral votes. As we all know, the 11 million people in Ohio are the center of attention in presidential campaigns, while the 11 million people in the 12 non-competitive small states are utterly irrelevant. Nationwide election of the President would make each of the voters in the 12 smallest states as important as an Ohio voter.

    The bonus of two electoral votes is an illusory benefit to the small states. In 1966, Delaware led a group of 12 predominantly low-population states (ND, SD, WY, UT, AR, KS, OK, IA, KY, FL, PA) in suing New York in the U.S. Supreme Court, arguing that New York's use of the winner-take-all effectively disenfranchised voters in their states. The Court declined to hear the case (presumably because of the well-established constitutional provision that the manner of awarding electoral votes is exclusively a state decision). Ironically, New York is no longer a battleground state. A vote in NY is equal to a vote in WY -- both are equally worthless and irrelevant in presidential elections.


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    Travis wrote on June 19, 2008 09:36 AM: Erik, that is a good consideration. I'd support it.


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    Erik wrote on June 19, 2008 09:13 AM: Personally I think the best way to allocate state electoral votes is to divide them equially among congressional districts. If the candidat wins the district they get those votes. This would give a voice to all the citizens of a state and not just limit it those citizens that happen to live in large urban areas. This would not only put every state in play but every area of every state. Candidates would actually have to go to districts that traditionally would not vote for them or risk losing that districts vote.

    Erik


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    John F wrote on June 19, 2008 08:13 AM: The electoral college has served us well for two centuries now by protecting the interests of smaller states and rural areas. People in these places would never have any access to candidates if the national popular vote decided the presidency. The editors are correct on this one.

    I voted for Gore, by the way, and the editors are still correct.


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