Tuesday, August 3, 2010

Electoral College

Lawmakers in Massachusetts recently passed a law intended to get around the Electoral College system and ensure that the winner of the presidential election is determined by the national popular vote.

There are a few states with such laws – Illinois, New Jersey, Hawaii, Maryland, and Washington. If enough states passed such laws, whoever wins the popular vote would win the presidency.

Okay first off…..isn’t that unconstitutional? Presidential selection is determined by the Constitution. If people want to change the process, don’t you need to amend the Constitution?

Secondly – one of the main arguments in favor of the law is that the current system is confusing and causes presidential candidates to focus just on a handful of battleground states. Entire portions of the country are ignored because they are too democratic or republican to waste a candidate’s time.

While that may be somewhat true (but not all the way true), changing the process to having the president picked by a popular vote, however, wouldn’t end any disparities. Instead, candidates would only focus on areas where there are lots of people. There’s no way a candidate would devote any attention to a place like Lexington, Kentucky when he/she could go to more populated cities. Smaller towns and rural areas would be shut out of the political process even more.

On a somewhat related note - often read articles in major newspapers (major meaning…from a big city, like New York or Los Angeles) how crazy and wrong it is that a senator from Montana, who represents 30K people, has just as much power as a senator from California who represents 30MM people. Well…that’s the compromise the framers of the Constitution had to make, otherwise people from Montana would matter even less then they already do.

8 comments:

Logan said...

No offense to anyone from Montana. If any of you read this.

toto said...

The current system of electing the president ensures that the candidates, after the primaries, do not reach out to all of the states and their voters. Candidates have no reason to poll, visit, advertise, organize, campaign, or care about the voter concerns in the dozens of states where they are safely ahead or hopelessly behind. The reason for this is the state-by-state winner-take-all rule (not mentioned in the U.S. Constitution, but now used by 48 states), under which all of a state's electoral votes are awarded to the candidate who gets the most votes in each separate state.

Presidential candidates concentrate their attention on only a handful of closely divided "battleground" states and their voters. In 2008, candidates concentrated over two-thirds of their campaign events and ad money in just six states, and 98% in just 15 states (CO, FL, IN, IA, MI, MN, MO, NV, NH, NM, NC, OH, PA, VA, and WI). Massachusetts (the 13th largest population state, with 12 electoral college votes) and 19 of the 22 smallest and medium-small states (with less than 7 electoral college votes), including Montana, were not among them. Over half (57%) of the events were in just four states (Ohio, Florida, Pennsylvania and Virginia). In 2004, candidates concentrated over two-thirds of their money and campaign visits in five states; over 80% in nine states; and over 99% of their money in 16 states, and candidates concentrated over two-thirds of their money and campaign visits in five states and over 99% of their money in 16 states.

Two-thirds of the states and people have been merely spectators to the presidential elections.

Another shortcoming of the current system is that a candidate can win the Presidency without winning the most popular votes nationwide. This has occurred in one of every 14 presidential elections.

In the past six decades, there have been six presidential elections in which a shift of a relatively small number of votes in one or two states would have elected (and, in 2000, did elect) a presidential candidate who lost the popular vote nationwide.

toto said...

The National Popular Vote bill would guarantee the Presidency to the candidate who receives the most popular votes in all 50 states (and DC).

Every vote, everywhere, would be politically relevant and equal in presidential elections. It would no longer matter who won a state. Elections wouldn't be about winning states. No more distorting and divisive red and blue state maps. Every vote would be counted for and assist the candidate for whom it was cast - just as votes from every county are equal and important when a vote is cast in a Governor's race. Candidates would need to care about voters across the nation, not just undecided voters in a handful of swing states.

The bill uses the power given to each state by the Founding Fathers in the Constitution to change how they award their electoral votes for president. The National Popular Vote bill does not try to abolish the Electoral College. Historically, virtually all of the major changes in the method of electing the President, including ending the requirement that only men who owned substantial property could vote and 48 current state-by-state winner-take-all laws, have come about by state legislative action, without federal constitutional amendments.

The bill has been endorsed or voted for by 1,922 state legislators (in 50 states) who have sponsored and/or cast recorded votes in favor of the bill.

In Gallup polls since 1944, only about 20% of the public has supported the current system of awarding all of a state's electoral votes to the presidential candidate who receives the most votes in each separate state (with about 70% opposed and about 10% undecided). The recent Washington Post, Kaiser Family Foundation, and Harvard University poll shows 72% support for direct nationwide election of the President. Support for a national popular vote is strong in virtually every state, partisan, and demographic group surveyed in recent polls in closely divided battleground states: Colorado-- 68%, Iowa --75%, Michigan-- 73%, Missouri-- 70%, New Hampshire-- 69%, Nevada-- 72%, New Mexico-- 76%, North Carolina-- 74%, Ohio-- 70%, Pennsylvania -- 78%, Virginia -- 74%, and Wisconsin -- 71%; in smaller states (3 to 5 electoral votes): Alaska -- 70%, DC -- 76%, Delaware --75%, Maine -- 77%, Nebraska -- 74%, New Hampshire --69%, Nevada -- 72%, New Mexico -- 76%, Rhode Island -- 74%, and Vermont -- 75%; in Southern and border states: Arkansas --80%, Kentucky -- 80%, Mississippi --77%, Missouri -- 70%, North Carolina -- 74%, and Virginia -- 74%; and in other states polled: California -- 70%, Connecticut -- 74% , Massachusetts -- 73%, Minnesota -- 75%, New York -- 79%, Washington -- 77%, and West Virginia- 81%.

The National Popular Vote bill has passed 30 state legislative chambers, in 20 small, medium-small, medium, and large states, including one house in Arkansas (6), Connecticut (7), Delaware (3), Maine (4), Michigan (17), Nevada (5), New Mexico (5), New York (31), North Carolina (15), and Oregon (7), and both houses in California (55), Colorado (9), Hawaii (4), Illinois (21), New Jersey (15), Maryland (10), Massachusetts (12), Rhode Island (4), Vermont (3), and Washington (11). The bill has been enacted by Hawaii, Illinois, New Jersey, Maryland, and Washington. These five states possess 61 electoral votes -- 23% of the 270 necessary to bring the law into effect.

See http://www.NationalPopularVote.com

toto said...

The National Popular Vote bill would guarantee the Presidency to the candidate who receives the most popular votes in all 50 states (and DC).

Every vote, everywhere, would be politically relevant and equal in presidential elections. It would no longer matter who won a state. Elections wouldn't be about winning states. No more distorting and divisive red and blue state maps. Every vote would be counted for and assist the candidate for whom it was cast - just as votes from every county are equal and important when a vote is cast in a Governor's race. Candidates would need to care about voters across the nation, not just undecided voters in a handful of swing states.

The bill uses the power given to each state by the Founding Fathers in the Constitution to change how they award their electoral votes for president. The National Popular Vote bill does not try to abolish the Electoral College. Historically, virtually all of the major changes in the method of electing the President, including ending the requirement that only men who owned substantial property could vote and 48 current state-by-state winner-take-all laws, have come about by state legislative action, without federal constitutional amendments.

The bill has been endorsed or voted for by 1,922 state legislators (in 50 states) who have sponsored and/or cast recorded votes in favor of the bill.

In Gallup polls since 1944, only about 20% of the public has supported the current system of awarding all of a state's electoral votes to the presidential candidate who receives the most votes in each separate state (with about 70% opposed and about 10% undecided). The recent Washington Post, Kaiser Family Foundation, and Harvard University poll shows 72% support for direct nationwide election of the President. Support for a national popular vote is strong in virtually every state, partisan, and demographic group surveyed in recent polls in closely divided battleground states: Colorado-- 68%, Iowa --75%, Michigan-- 73%, Missouri-- 70%, New Hampshire-- 69%, Nevada-- 72%, New Mexico-- 76%, North Carolina-- 74%, Ohio-- 70%, Pennsylvania -- 78%, Virginia -- 74%, and Wisconsin -- 71%; in smaller states (3 to 5 electoral votes): Alaska -- 70%, DC -- 76%, Delaware --75%, Maine -- 77%, Nebraska -- 74%, New Hampshire --69%, Nevada -- 72%, New Mexico -- 76%, Rhode Island -- 74%, and Vermont -- 75%; in Southern and border states: Arkansas --80%, Kentucky -- 80%, Mississippi --77%, Missouri -- 70%, North Carolina -- 74%, and Virginia -- 74%; and in other states polled: California -- 70%, Connecticut -- 74% , Massachusetts -- 73%, Minnesota -- 75%, New York -- 79%, Washington -- 77%, and West Virginia- 81%.

The National Popular Vote bill has passed 30 state legislative chambers, in 20 small, medium-small, medium, and large states, including one house in Arkansas (6), Connecticut (7), Delaware (3), Maine (4), Michigan (17), Nevada (5), New Mexico (5), New York (31), North Carolina (15), and Oregon (7), and both houses in California (55), Colorado (9), Hawaii (4), Illinois (21), New Jersey (15), Maryland (10), Massachusetts (12), Rhode Island (4), Vermont (3), and Washington (11). The bill has been enacted by Hawaii, Illinois, New Jersey, Maryland, and Washington. These five states possess 61 electoral votes -- 23% of the 270 necessary to bring the law into effect.

See http://www.NationalPopularVote.com

toto said...

The population of the top five cities (New York, Los Angeles, Chicago, Houston and Philadelphia) is only 6% of the population of the United States and the population of the top 50 cities, including Lexington, KY (going as obscurely far down in name recognition as Arlington, TX) is only 19% of the population of the United States.

When presidential candidates campaign to win the electoral votes of closely divided battleground states, such as in Ohio and Florida, under the state-by-state winner-take-all rules, the big cities in those battleground states do not receive all the attention, much less control the outcome. Cleveland and Miami certainly did not receive all the attention or control the outcome in Ohio and Florida in 2000 and 2004.

Likewise, under a national popular vote, every vote everywhere will be equally important politically. There will be nothing special about a vote cast in a big city or big state. When every vote is equal, candidates of both parties will seek out voters in small, medium, and large towns throughout the states in order to win. A vote cast in a big city or state will be equal to a vote cast in a small state, town, or rural area.

For example, in California state-wide elections, candidates for governor or U.S. Senate don't campaign just in Los Angeles and San Francisco, and those places don't control the outcome (otherwise California wouldn't have recently had Republican governors Reagan, Dukemejian, Wilson, and Schwarzenegger). A vote in rural Alpine county is just an important as a vote in Los Angeles.

If the National Popular Vote bill were to become law, it would not change the need for candidates to build a winning coalition across demographics. Any candidate who yielded, for example, the 21% of Americans who live in rural areas in favor of a "big city" approach would not likely win the national popular vote. Candidates would still have to appeal to a broad range of demographics, and perhaps even more so, because the election wouldn't be capable of coming down to just one demographic, such as voters in Ohio.

Collin said...

The other huge problem is that our election infrastructure is not designed to handle a popular vote because the margin of error is typically 1-2%. You think Florida 2000 was a nightmare? Imagine what happens when every candidate goes into every area they won by a large margin to mine for more votes. Hello, Banana Republic.

Logan said...

No way! My thoughts caught the attention of someone at an organization! They even used customized statistics! You can tell by my use of exclamation points that this was not expected.

I appreciate the extra info, Mr. (Ms.? Mrs.?) Toto. The more light we have to shine on any subject, the better, although I still don't agree...for now.

toto said...

The possibility of recounts should not even be a consideration in debating the merits of a national popular vote. No one has ever suggested that the possibility of a recount constitutes a valid reason why state governors or U.S. Senators, for example, should not be elected by a popular vote.

The question of recounts comes to mind in connection with presidential elections only because the current system so frequently creates artificial crises and unnecessary disputes.

A nationwide recount would not happen. We do and would vote state by state. Each state manages its own election. The state-by-state winner-take-all system is not a firewall, but instead causes unnecessary fires. The larger the number of voters in an election, the smaller the chance of close election results.

Recounts in presidential elections would be far less likely to occur under a national popular vote system than under the current state-by-state winner-take-all system (i.e., awarding all of a state's electoral votes to the candidate who receives the most popular votes in each separate state).

In fact, if the President were elected from a single nationwide pool of votes, one would expect a recount once in 332 elections, or once in 1,328 years.

Based on a recent study of 7,645 statewide elections in the 26-year period from 1980 through 2006 by FairVote, the probability of a recount is 1 in 332 elections (23 recounts in 7,645 elections). Thus, with 420 statewide races on the ballot in 2006, there was one statewide recount (the Vermont State Auditor's race). Similarly, there was one recount in 2004 (the Washington state governor) and one in 2008 (the U.S. Senate race in Minnesota).

A single national pool of votes is the way to drastically reduce the likelihood of recounts and eliminate the artificial crises produced by the current system.

The common nationwide date for meeting of the Electoral College has been set by federal law as the first Monday after the second Wednesday in December.

Under both the current system and the National Popular Vote approach, all counting, recounting, and judicial proceedings must be conducted so as to reach a "final determination" prior to the common nationwide date for the meeting of the Electoral College. In particular, the U.S. Supreme Court has made it clear that the states are expected to make their "final determination" six days before the Electoral College meets.