Posted on 02/15/2014 6:14:40 AM PST by LD Jackson
Here in Oklahoma, we like to call ourselves the reddest of red states. But even here, the insanity is encroaching and hard to keep at bay. That is why it is ever so important to keep a watchful eye over those who represent us, both on the national and state level.
The President and Vice President of the United States are elected by a process known as the Electoral College. I'm not going to bore you with a long and complicated explanation of why that is the case, so here is my simple and condensed version. The United States is made up of 50 states (I told you this was simple) that are populated. The Electoral College is formed by electors that are chosen by the individual states, to equal the number of the member of Congress, plus three additional electors for the District of Columbia. The states are free to choose and allocate those electors as they see fit. This gives both the people of the states, and the states themselves, sway over who is elected President and Vice President. This prevents the smaller, or less populated, states from being overwhelmed by states that have many more residents and losing their national influence.
As a side note, this was also why the states were supposed to elect the members of the United States Senate, instead of the people. We have since changed that, via the 17th Amendment. The debate over how smart that move was is for another time and place.
The Electoral College has served us well since its creation. Only three times has it failed to produce the same results as the national popular vote, with the latest being in 2000 and the Bush/Gore fight over the White House. Because of that, there has been a growing voice for doing away with the Electoral College completely, or simply tying its results to the results of the national popular vote. And yes, that voice has found movement even here in Oklahoma. So it was on Wednesday, February 12, 2014, that the Oklahoma State Senate voted 28-18 in favor of Senate Bill 906, binding Oklahoma's electoral votes to the winner of the national popular vote, rather than the winner of the vote in our state. Details of the election, as well as more commentary, can be found at Muskogee Politico. The measure still has to pass through the Oklahoma House of Representatives and go to Governor Mary Fallin for her signature.
I am trying to contact my State Representative, John Bennett, to see how he stands on this issue. I am hopeful he will be against it and will help defeat it in the House. If it clears that hurdle, I am hopeful the Governor will see fit to veto it into the trash bin, where it belongs. Oklahoma does not need to tie its electoral votes to the national popular vote. If enough states do this, it would effectively do away with the system of national elections designed by the Founding Fathers and implemented by the Electoral College. This would lessen our influence over national affairs and delegate us to being subject to the whim and fancy of the more populated states. I would ask our State Representatives, State Senators, and Governor Mary Fallin, is this what they want, disguised as what some people are calling reform?
One other thing about our system of government. I have seen statements saying it is time to abolish the Electoral College because it is an outdated system that violates democratic principles. Even some websites that explain the Electoral College and the reasoning behind its creation call our country the "oldest continuously functioning democracy" in the world. A word of note to anyone who makes either of those statements. The United States of America is not a democracy, with good reason. The last thing the Founding Fathers wanted was mob rule in America. That is why they created a representative republic for our system of government. Again, not a democracy. There is a big difference between the two and I believe the Electoral College is part of that difference. Are we going to throw it away, all in the name of democracy? Something our founders never intended to happen? I don't think that's a good idea and I am hopeful enough of our leaders feel the same to stop this movement in its tracks in Oklahoma.
With the Electoral College and federalism, the Founding Fathers meant to empower the states to pursue their own interests within the confines of the Constitution. The National Popular Vote is an exercise of that power, not an attack upon it.
The Electoral College is now the set of 538 dedicated party activists who vote as rubberstamps for their party’s presidential candidate. That is not what the Founders intended.
During the course of campaigns, candidates are educated and campaign about the local, regional, and state issues most important to the handful of battleground states they need to win. They take this knowledge and prioritization with them once they are elected. Candidates need to be educated and care about all of our states.
The current state-by-state winner-take-all method of awarding electoral votes (not mentioned in the U.S. Constitution, but since enacted 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, ensures that the candidates, after the conventions, in 2012 did not reach out to about 80% of the states and their voters. 10 of the original 13 states are ignored now. Candidates had no reason to poll, visit, advertise, organize, campaign, or care about the voter concerns in the dozens of states where they were safely ahead or hopelessly behind.
80% of the states and people were just spectators to the presidential election. That’s more than 85 million voters, 200 million Americans.
Policies important to the citizens of non-battleground states are not as highly prioritized as policies important to ‘battleground’ states when it comes to governing.
Since World War II, a shift of a few thousand votes in one or two states would have elected the second-place candidate in 4 of the 15 presidential elections
The National Popular Vote bill preserves the Electoral College and state control of elections. It changes the way electoral votes are awarded in the Electoral College.
Under National Popular Vote, every vote, everywhere, would be politically relevant and equal in every presidential election. Every vote would be included in the state counts and national count. When states with a combined total of at least 270 electoral votes enact the bill, the candidate with the most popular votes in all 50 states and DC would get the needed majority of 270+ electoral votes from the enacting states. The bill would thus guarantee the Presidency to the candidate who receives the most popular votes.
States have the responsibility and power to make all of their voters relevant in every presidential election and beyond.
Unable to agree on any particular method, the Founding Fathers left the choice of method for selecting presidential electors exclusively to the states by adopting the language contained in section 1 of Article II of the U.S. Constitution— “Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors . . .” The U.S. Supreme Court has repeatedly characterized the authority of the state legislatures over the manner of awarding their electoral votes as “plenary” and “exclusive.”
Federalism concerns the allocation of power between state governments and the national government. The National Popular Vote bill concerns how votes are tallied, not how much power state governments possess relative to the national government. The powers of state governments are neither increased nor decreased based on whether presidential electors are selected along the state boundary lines, or national lines (as with the National Popular Vote).
Seven western states (Arizona, Idaho, Montana, North Dakota, South Dakota, Utah, and Wyoming), with only about a third of California’s population, generated almost the same popular-vote margin (1,219,595) for George W. Bush in 2004 as John Kerry’s margin in California (1,235,659). But, John Kerry received 55 electoral votes from California, while Bush received only 33 from the seven western states.
With National Popular Vote, every vote would be equal. Candidates would reallocate their time, the money they raise, and their ad buys to no longer ignore 80% of the states and voters.
16% of Americans live in rural areas.
With National Popular Vote, big cities would not get all of candidates’ attention, much less control the outcome.
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 (going as far down as Arlington, TX) is only 15% of the population of the United States.
Suburbs and exurbs often vote Republican.
Any candidate who ignored, for example, the 16% of Americans who live in rural areas in favor of a “big city” approach would not likely win the national popular vote.
If big cities controlled the outcome of elections, the governors and U.S. Senators would be Democratic in virtually every state with a significant city.
A nationwide presidential campaign, with every vote equal, would be run the way presidential candidates campaign to win the electoral votes of closely divided battleground states, such as Ohio and Florida, under the state-by-state winner-take-all methods. The big cities in those battleground states do not receive all the attention, much less control the outcome. Cleveland and Miami do not receive all the attention or control the outcome in Ohio and Florida.
The itineraries of presidential candidates in battleground states (and their allocation of other campaign resources in battleground states) reflect the political reality that every gubernatorial or senatorial candidate knows. When and where every vote is equal, a campaign must be run everywhere.
With National Popular Vote, when every vote is equal, everywhere, it makes sense for presidential candidates to try and elevate their votes where they are and aren’t so well liked. But, under the state-by-state winner-take-all laws, it makes no sense for a Democrat to try and do that in Vermont or Wyoming, or for a Republican to try it in Wyoming or Vermont.
Even 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 Los Angeles cannot control statewide elections in California, it can hardly control a nationwide election.
In fact, Los Angeles, San Francisco, San Jose, and Oakland together cannot control a statewide election in California.
Similarly, Republicans dominate Texas politics without carrying big cities such as Dallas and Houston.
There are numerous other examples of Republicans who won races for governor and U.S. Senator in other states that have big cities (e.g., New York, Illinois, Michigan, Pennsylvania, and Massachusetts) without ever carrying the big cities of their respective states.
With 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.
Candidates would need to build a winning coalition across demographics. Candidates would 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 waitress mom voters in Ohio.
With National Popular Vote, every vote, everywhere, would be politically relevant and equal in presidential elections. Wining states would not be the goal. Candidates would need to care about voters across the nation, not just undecided voters in the current handful of swing states.
The main media at the moment, TV, costs much more per impression in big cities than in smaller towns and rural area. Candidates get more bang for the buck in smaller towns and rural areas.
The current state-by-state winner-take-all system of awarding electoral votes maximizes the incentive and opportunity for fraud, coercion, intimidation, confusion, and voter suppression. A very few people can change the national outcome by adding, changing, or suppressing a small number of votes in one closely divided battleground state. With the current system all of a state’s electoral votes are awarded to the candidate who receives a bare plurality of the votes in each state. The sheer magnitude of the national popular vote number, compared to individual state vote totals, is much more robust against manipulation.
National Popular Vote would limit the benefits to be gained by fraud or voter suppression. One suppressed vote would be one less vote. One fraudulent vote would only win one vote in the return. In the current electoral system, one fraudulent vote could mean 55 electoral votes, or just enough electoral votes to win the presidency without having the most popular votes in the country.
The closest popular-vote election count over the last 130+ years of American history (in 1960), had a nationwide margin of more than 100,000 popular votes. The closest electoral-vote election in American history (in 2000) was determined by 537 votes, all in one state, when there was a lead of 537,179 (1,000 times more) popular votes nationwide.
For a national popular vote election to be as easy to switch as 2000, it would have to be two hundred times closer than the 1960 election—and, in popular-vote terms, forty times closer than 2000 itself.
Which system offers vote suppressors or fraudulent voters a better shot at success for a smaller effort?
The indefensible reality is that more than 99% of campaign attention was showered on voters in just ten states in 2012- and that in today’s political climate, the swing states have become increasingly fewer and fixed.
Even in the recent handful of states where a presidential vote matters to the candidates, the value of a vote is different.
Where you live should not determine how much, if at all, your vote matters.
The current state-by-state winner-take-all method of awarding electoral votes (not mentioned in the U.S. Constitution, but since enacted by 48 states), ensures that the candidates, after the conventions, will not reach out to about 80% 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.
Presidential candidates concentrate their attention on only a handful of closely divided “battleground” states and their voters. There is no incentive for them to bother to care about the majority of states where they are hopelessly behind or safely ahead to win. 10 of the original 13 states are ignored now. Four out of five Americans were ignored in the 2012 presidential election. After being nominated, Obama visited just eight closely divided battleground states, and Romney visited only 10. These 10 states accounted for 98% of the $940 million spent on campaign advertising. They decided the election. None of the 10 most rural states mattered, as usual. About 80% of the country was ignored —including 19 of the 22 lowest population and medium-small states, and 17 medium and big states like CA, GA, NY, and TX.
It was more obscene than the 2008 campaign, when candidates concentrated over 2/3rds of their campaign events and ad money in just 6 states, and 98% in just 15 states. Over half (57%) of the events were in just 4 states (OH, FL, PA, and VA).
In 2004, candidates concentrated over 2/3rds of their money and campaign visits in 5 states; over 80% in 9 states; and over 99% of their money in 16 states.
80% of the states and people have been merely spectators to presidential elections. They have no influence. That’s more than 85 million voters, 200 million Americans, ignored. When and where voters are ignored, then so are the issues they care about most.
The number and population of battleground states is shrinking.
Policies important to the citizens of non-battleground states are not as highly prioritized as policies important to ‘battleground’ states when it comes to governing.
The presidential election system that we have today was not designed, anticipated, or favored by the Founding Fathers but, instead, is the product of decades of evolutionary change precipitated by the emergence of political parties and enactment by 48 states of winner-take-all laws, not mentioned, much less endorsed, in the Constitution.
The Electoral College is now the set of 538 dedicated party activists, who vote as rubberstamps for presidential candidates. In the current presidential election system, 48 states award all of their electors to the winners of their state. This is not what the Founding Fathers intended.
The Founding Fathers in the Constitution did not require states to allow their citizens to vote for president, much less award all their electoral votes based upon the vote of their citizens.
The presidential election system we have today is not in the Constitution. State-by-state winner-take-all laws to award Electoral College votes, were eventually enacted by states, using their exclusive power to do so, AFTER the Founding Fathers wrote the Constitution. Now our current system can be changed by state laws again.
Unable to agree on any particular method for selecting presidential electors, the Founding Fathers left the choice of method exclusively to the states in section 1 of Article II of the U.S. Constitution— “Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors . . .” The U.S. Supreme Court has repeatedly characterized the authority of the state legislatures over the manner of awarding their electoral votes as “plenary” and “exclusive.”
The Constitution does not prohibit any of the methods that were debated and rejected. Indeed, a majority of the states appointed their presidential electors using two of the rejected methods in the nation’s first presidential election in 1789 (i.e., appointment by the legislature and by the governor and his cabinet). Presidential electors were appointed by state legislatures for almost a century.
Neither of the two most important features of the current system of electing the President (namely, universal suffrage, and the 48 state-by-state winner-take-all method) are in the U.S. Constitution. Neither was the choice of the Founders when they went back to their states to organize the nation’s first presidential election.
In 1789, in the nation’s first election, the people had no vote for President in most states, only men who owned a substantial amount of property could vote, and only three states used the state-by-state winner-take-all method to award electoral votes.
The current 48 state-by-state winner-take-all method (i.e., awarding all of a state’s electoral votes to the candidate who receives the most popular votes in a particular state) is not entitled to any special deference based on history or the historical meaning of the words in the U.S. Constitution. It is not mentioned in the U.S. Constitution, the debates of the Constitutional Convention, or the Federalist Papers. The actions taken by the Founding Fathers make it clear that they never gave their imprimatur to the winner-take-all method.
The constitutional wording does not encourage, discourage, require, or prohibit the use of any particular method for awarding the state’s electoral votes.
As a result of changes in state laws enacted since 1789, the people have the right to vote for presidential electors in 100% of the states, there are no property requirements for voting in any state, and the state-by-state winner-take-all method is used by 48 of the 50 states. States can, and frequently have, changed their method of awarding electoral votes over the years.
Anyone concerned about the relative power of big states and small states should realize that the current system shifts power from voters in the small and medium-small states to voters in the current handful of big states.
With National Popular Vote, when every vote counts equally, successful candidates will find a middle ground of policies appealing to the wide mainstream of America. Instead of playing mostly to local concerns in Ohio and Florida, candidates finally would have to form broader platforms for broad national support. Elections wouldn’t be about winning a handful of battleground states.
Now political clout comes from being among the handful of battleground states. 80% of states and voters are ignored by presidential campaigns.
Winner-take-all laws negate any simplistic mathematical equations about the relative power of states based on their number of residents per electoral vote. Small state math means absolutely nothing to presidential campaigns and to presidents once in office.
In 2008, of the 25 smallest states (with a total of 155 electoral votes), 18 received no attention at all from presidential campaigns after the conventions. Of the seven smallest states with any post-convention visits, Only 4 of the smallest states - NH (12 events), NM (8), NV (12), and IA (7) - got the outsized attention of 39 of the 43 total events in the 25 smallest states. In contrast, Ohio (with only 20 electoral votes) was lavishly wooed with 62 of the total 300 post-convention campaign events in the whole country.
In the 25 smallest states in 2008, the Democratic and Republican popular vote was almost tied (9.9 million versus 9.8 million), as was the electoral vote (57 versus 58).
In 2012, 24 of the nation’s 27 smallest states received no attention at all from presidential campaigns after the conventions.- including not a single dollar in presidential campaign ad money after Mitt Romney became the presumptive Republican nominee on April 11. They were ignored despite their supposed numerical advantage in the Electoral College. In fact, the 8.6 million eligible voters in Ohio received more campaign ads and campaign visits from the major party campaigns than the 42 million eligible voters in those 27 smallest states combined.
Now with state-by-state winner-take-all laws (not mentioned in the U.S. Constitution, but since enacted by 48 states), presidential elections ignore 12 of the 13 lowest population states (3-4 electoral votes), that are non-competitive in presidential elections. 6 regularly vote Republican (AK, ID, MT, WY, ND, and SD), and 6 regularly vote Democratic (RI, DE, HI, VT, ME, and DC) in presidential elections. Voters in states that are reliably red or blue don’t matter. Candidates ignore those states and the issues they care about most.
Kerry won more electoral votes than Bush (21 versus 19) in the 12 least-populous non-battleground states, despite the fact that Bush won 650,421 popular votes compared to Kerry’s 444,115 votes. The reason is that the red states are redder than the blue states are blue. If the boundaries of the 13 least-populous states had been drawn recently, there would be accusations that they were a Democratic gerrymander.
Support for a national popular vote is strong in every smallest state surveyed in recent polls among Republicans, Democrats, and Independent voters, as well as every demographic group. Support in smaller states (3 to 5 electoral votes): AK -70%, DC -76%, DE —75%, ID -77%, ME - 77%, MT- 72%, NE - 74%, NH—69%, NE - 72%, NM - 76%, RI - 74%, SD- 71%, UT- 70%, VT - 75%, WV- 81%, and WY- 69%.
Among the 13 lowest population states, the National Popular Vote bill has passed in nine state legislative chambers, and been enacted by 4 jurisdictions.
With the current state-by-state winner-take-all system of awarding electoral votes, it could only take winning a bare plurality of popular votes in only the 11 most populous states, containing 56% of the population of the United States, for a candidate to win the Presidency with a mere 23% of the nation’s votes!
There is no reality to the statements:
“Any state which binds its electors to the national popular vote will in effect forfeit all its electoral votes in the next election as well as forfeit all of its seats in the House of Representatives.”
“. . .their representation in the House will be reduced to a very small fraction of what it was originally”
There would not be repercussions for States awarding their electoral votes to the national popular vote winner. None of their representation in the House would be effected.
National Popular Vote does not prevent the rights of anyone to vote at any election for the choice of electors for President and Vice-President of the United States. Under National Popular Vote, every vote, everywhere, would be politically relevant and equal in every presidential election. Every vote would be included in the state counts and national count. The Presidency is guaranteed, by at least the 270 electoral votes of the enacting states, to the candidate getting the most popular votes in the entire United States.
The Founding Fathers in the Constitution did not require states to allow their citizens to vote for president, much less award all their electoral votes based upon the vote of their citizens.
Unable to agree on any particular method for selecting presidential electors, the Founding Fathers in the Constitution left the choice of method exclusively to the states. The constitutional wording does not encourage, discourage, require, or prohibit the use of any particular method for awarding the state’s electoral votes. A state could decide to award its electoral votes to the tallest candidate.
“The bottom line is that the electors from those states who cast their ballot for the nationwide vote winner are completely accountable (to the extent that independent agents are ever accountable to anyone) to the people of those states. The NPV states aren’t delegating their Electoral College votes to voters outside the state; they have made a policy choice about the substantive intelligible criteria (i.e., national popularity) that they want to use to make their selection of electors. There is nothing in Article II (or elsewhere in the Constitution) that prevents them from making the decision that, in the Twenty-First Century, national voter popularity is a (or perhaps the) crucial factor in worthiness for the office of the President.” - Vikram David Amar
In a 1979 Senate speech, Senator Henry Bellmon (R–Oklahoma) described how his views on the Electoral College had changed while he had served as Governor, Senator, national campaign director for Richard Nixon’s presidential campaign, and a member of the American Bar Association’s commission studying electoral reform.
“While the consideration of the electoral college began—and I am a little embarrassed to admit this—I was convinced, as are many residents of smaller States, that the present system is a considerable advantage to less populous States such as Oklahoma, and that it was to the advantage of the small States for the electoral college concept be preserved.
“I think if any Member of the State has that concept he would be greatly enlightened by the fact that the Members of the Senate from New York are now actively supporting the retention of the electoral college system.…
“Mr. President, as the deliberations of the American Bar Association Commission proceeded and as more facts became known, I came to the realization that the present electoral system does not give an advantage to the voters from the less populous States. Rather, it works to the disadvantage of small State voters who are largely ignored in the general election for President.
“It is true that the smaller States which are allowed an elector for each U.S. Senator and for each Congressman do, on the surface, appear to be favored; but, in fact, the system gives the advantage to the voters in the populous States. The reason is simple as I think our friends from New York understand: A small State voter is, in effect, the means whereby a Presidential candidate may receive a half-dozen or so electoral votes. On the other hand, a vote in a large State is the means to 20 or 30 or 40 or more electoral votes. Therefore, Presidential candidates structure their campaigns to appeal to the States with large blocs of electors. This gives special and disproportionate importance to the special interest groups which may determine the electoral outcome in those few large States.
“Here, Mr. President, let me say parenthetically that during 1967 and part of 1968 I served as the national campaign director for Richard Nixon, and I know very well as we structured that campaign we did not worry about Alaska, about Wyoming, or about Nevada or about New Mexico or about Oklahoma or Kansas. We worried about New York, California, Pennsylvania, Texas, Michigan, Illinois, all of the populous States, where there are these big blocks of electors that we could appeal to, provided we chose our issues properly and provided we presented the candidates in an attractive way.
“The result, Mr. President, is that the executive branch of our National Government has grown and is continuing to become increasingly oriented toward populous States, to the disadvantage of the smaller, less populous areas. An examination of past campaign platforms and campaign schedules of the major party candidates will bear out this position. Therefore, it is obvious that any political party or any candidate for President or Vice President will spend his efforts primarily in the populous States. The parties draft their platforms with the view in mind of attracting the voters of the populous States and generally relegate the needs of the smaller States to secondary positions.
“This whole situation would change if we go for a direct election and, therefore, make the voters of one State equally important with the voters of any other State.”
Maine and Nebraska use the congressional district winner method.
Maine and Nebraska voters support a national popular vote.
A survey of Maine voters showed 77% overall support for a national popular vote for President.
In a follow-up question presenting a three-way choice among various methods of awarding Maine’s electoral votes,
* 71% favored a national popular vote;
* 21% favored Maine’s current system of awarding its electoral votes by congressional district; and
* 8% favored the statewide winner-take-all system (i.e., awarding all of Maine’s electoral votes to the candidate who receives the most votes statewide).
***
A survey of Nebraska voters showed 74% overall support for a national popular vote for President.
In a follow-up question presenting a three-way choice among various methods of awarding Nebraska’s electoral votes,
* 60% favored a national popular vote;
* 28% favored Nebraska’s current system of awarding its electoral votes by congressional district; and
* 13% favored the statewide winner-take-all system (i.e., awarding all of Nebraska’s electoral votes to the candidate who receives the most votes statewide).
NationalPopularVote
Congressmen do not cast Electoral College votes.
Article II, section 1, clause 2 provides that no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector.
Dividing more states’ electoral votes by congressional district winners would magnify the worst features of the Electoral College system.
If the district approach were used nationally, it would be less fair and less accurately reflect the will of the people than the current system. In 2004, Bush won 50.7% of the popular vote, but 59% of the districts. Although Bush lost the national popular vote in 2000, he won 55% of the country’s congressional districts.
“In 2012, for instance, when Obama garnered nearly a half million more votes in Michigan than Romney, the Republican nominee still managed to carry nine of the state’s 14 congressional districts. If the by-district scheme had been in place for that election, Romney would have collected nine of Michigan’s 16 electoral votes — not enough to change the national result, but enough to make Michigan a net win for Romney, notwithstanding his decisive drubbing in the statewide election.” – Brian Dickerson, Detroit Free Press, Jan. 12, 2014
The district approach would not provide incentive for presidential candidates to campaign in a particular state or focus the candidates’ attention to issues of concern to the state. With the 48 state-by-state winner-take-all laws (whether applied to either districts or states), candidates have no reason to campaign in districts or states where they are comfortably ahead or hopelessly behind. Nationwide, there are now only 35 “battleground” districts that were competitive in the 2012 presidential election. With the present deplorable 48 state-level winner-take-all system, 80% of the states (including California and Texas) are ignored in presidential elections; however, 92% of the nation’s congressional districts would be ignored if a district-level winner-take-all system were used nationally.
In Maine, where they award electoral votes by congressional district, the closely divided 2nd congressional district received campaign events in 2008 (whereas Maine’s 1st reliably Democratic district was ignored)
In Nebraska, which also uses the district method, the 2008 presidential campaigns did not pay the slightest attention to the people of Nebraska’s reliably Republican 1st and 3rd congressional districts because it was a foregone conclusion that McCain would win the most popular votes in both of those districts. The issues relevant to voters of the 2nd district (the Omaha area) mattered, while the (very different) issues relevant to the remaining (mostly rural) 2/3rds of the state were irrelevant.
Awarding electoral votes by congressional district could result in third party candidates winning electoral votes that would deny either major party candidate the necessary majority vote of electors and throw the process into Congress to decide.
Because there are generally more close votes on district levels than states as whole, district elections increase the opportunity for error. The larger the voting base, the less opportunity there is for an especially close vote.
Also, a second-place candidate could still win the White House without winning the national popular vote.
A national popular vote is the way to make every person’s vote equal and matter to their candidate because it guarantees that the candidate who gets the most votes in all 50 states and DC becomes President.
It is a simply urban legend that absentee ballots are not counted in any state. 100% of the ballots must be counted in order to determine the outcome of the numerous other offices and propositions on the ballot in elections.
The idea that recounts will be likely and messy with National Popular Vote is distracting.
The 2000 presidential election was an artificial crisis created because of Bush’s lead of 537 popular votes in Florida. Gore’s nationwide lead was 537,179 popular votes (1,000 times larger). Given the miniscule number of votes that are changed by a typical statewide recount (averaging only 274 votes); no one would have requested a recount or disputed the results in 2000 if the national popular vote had controlled the outcome. Indeed, no one (except perhaps almanac writers and trivia buffs) would have cared that one of the candidates happened to have a 537-vote margin in Florida.
Recounts are far more likely in the current system of state-by-state winner-take-all methods.
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.
We do and would vote state by state. Each state manages its own election and is prepared to conduct a recount.
The state-by-state winner-take-all system is not a firewall, but instead causes unnecessary fires.
“It’s an arsonist itching to burn down the whole neighborhood by torching a single house.” Hertzberg
Given that there is a recount only once in about 160 statewide elections, and given there is a presidential election once every four years, one would expect a recount about once in 640 years with the National Popular Vote. The actual probability of a close national election would be even less than that because recounts are less likely with larger pools of votes.
The average change in the margin of victory as a result of a statewide recount was a mere 296 votes in a 10-year study of 2,884 elections.
No recount would have been warranted in any of the nation’s 57 previous presidential elections if the outcome had been based on the nationwide count.
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. With both the current system and the National Popular Vote, all counting, recounting, and judicial proceedings must be conducted so as to reach a “final determination” prior to 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.
Current federal law (Title 3, chapter 1, section 6 of the United States Code) requires the states to report the November popular vote numbers (the “canvas”) in what is called a “Certificate of Ascertainment.” You can see the Certificates of Ascertainment for all 50 states and the District of Columbia containing the official count of the popular vote at the NARA web site.
A survey of Oklahoma voters showed 81% overall support for the idea that the President of the United States should be the candidate who receives the most popular votes in all 50 states.
Voters were asked “How do you think we should elect the President: Should it be the candidate who gets the most votes in all 50 states, or the current Electoral College system?”
By political affiliation, support for a national popular vote was 75% among Republicans, 84% among Democrats, and 75% among others.
By gender, support was 84% among women and 69% among men.
By age, support was 84% among 18-29 year olds, 70% among 30-45 year olds, 75% among 46-65 year olds, and 82% for those older than 65.
Oklahoma voters were also asked a 3-way question:
“Do you prefer a system where the candidate who gets the most votes in all 50 states on a nationwide basis is elected President, or one like the one usedin Nebraska and Maine where electoral voters are dispensed by Congressionaldistrict, or one in which all of the state’s electoral votes would be given to
the statewide winner?”
The results of this three-way question were that
77% favored a national popular vote,•
13% favored awarding its electoral votes by congressional district, and
10% favored the existing statewide winner-take-all system (i.e., awarding all of a state’s electoral votes to the candidate who receives the most votes statewide).
NationalPopularVote
If there are not enough outstanding ballots to change the vote in a local, they are not tallied.
Can you point to an article that refutes this?
The 3000 contested ballots in Florida weren't even tallied (even though the Florida supremes approved them).
In 1969, The U.S. House of Representatives voted for a national popular vote by a 338–70 margin. It was endorsed by Richard Nixon, Gerald Ford, and various members of Congress who later ran for Vice President and President such as then-Congressman George H.W. Bush, and then-Senator Bob Dole.
On June 7, 2011, the Republican-controlled New York Senate passed the National Popular Vote bill by a 47–13 margin, with Republicans favoring the bill by 21–11. Republicans endorsed by the Conservative Party favored the bill 17–7.
In May 2011, Jason Cabel Roe, a lifelong conservative activist and professional political consultant wrote in National Popular Vote is Good for Republicans: “I strongly support National Popular Vote. It is good for Republicans, it is good for conservatives . . . , and it is good for America. National Popular Vote is not a grand conspiracy hatched by the Left to manipulate the election outcome.
It is a bipartisan effort of Republicans, Democrats, and Independents to allow every state – and every voter – to have a say in the selection of our President, and not just the 15 Battle Ground States [that then existed in 2011].
National Popular Vote is not a change that can be easily explained, nor the ramifications thought through in sound bites. It takes a keen political mind to understand just how much it can help . . . Republicans. . . . Opponents either have a knee-jerk reaction to the idea or don’t fully understand it. . . . We believe that the more exposure and discussion the reform has the more support that will build for it.”
The National Advisory Board of National Popular Vote includes former Congressmen John Anderson (R–Illinois and later independent presidential candidate), John Buchanan (R–Alabama), Tom Campbell (R–California), and Tom Downey (D–New York), and former Senators Birch Bayh (D–Indiana), David Durenberger (R–Minnesota), and Jake Garn (R–Utah). Supporters include former Senator Fred Thompson (R–TN), Governor Jim Edgar (R–IL), Congressman Tom Tancredo (R-CO), and former U.S. House Speaker Newt Gingrich (R–GA)
Saul Anuzis, former Chairman of the Michigan Republican Party for five years and a former candidate for chairman of the Republican National Committee, supports the National Popular Vote plan as the fairest way to make sure every vote matters, and also as a way to help Conservative Republican candidates. This is not a partisan issue and the NPV plan would not help either party over the other.
Rich Bolen, a Constitutional scholar, attorney at law, and Republican Party Chairman for Lexington County, South Carolina, wrote:”A Conservative Case for National Popular Vote: Why I support a state-based plan to reform the Electoral College.”
Some other supporters who wrote forewords to “Every Vote Equal: A State-Based Plan for Electing the President by National Popular Vote “ http://www.every-vote-equal.com/ include:
Laura Brod served in the Minnesota House of Representatives from 2003 to 2010 and was the ranking Republican member of the Tax Committee. She was the Minnesota Public Sector Chair for ALEC (American Legislative Exchange Council) and active in the Council of State Governments.
James Brulte served as Republican Leader of the California State Assembly from 1992 to 1996, California State Senator from 1996 to 2004, and Senate Republican leader from 2000 to 2004.
Ray Haynes served as the National Chairman of the American Legislative Exchange Council (ALEC) in 2000. He served in the California State Senate from 1994 to 2002 and was elected to the Assembly in 1992 and 2002
Dean Murray is a member of the New York State Assembly. He was a Tea Party organizer before being elected to the Assembly as a Republican, Conservative Party member in February 2010. He was described by Fox News as the first Tea Party candidate elected to office in the United States.
Thomas L. Pearce served as a Michigan State Representative from 2005–2010 and was appointed Dean of the Republican Caucus. He has led several faith-based initiatives in Lansing.
Gore’s “victory” was 0.51% of the vote (half a percentage point).
Well within any margin of error. You seriously wouldn’t recount ballots and challenge stolen votes?
It was a “coin toss” popular vote that landed on the edge of the coin but that isn’t how our elections are determined.
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).
Support for a national popular vote is strong among Republicans, Democrats, and Independent voters, as well as every demographic group in virtually every state surveyed in recent polls
in recent or past closely divided Battleground states: CO – 68%, FL – 78%, IA —75%, MI – 73%, MO – 70%, NH – 69%, NV – 72%, NM– 76%, NC – 74%, OH – 70%, PA – 78%, VA – 74%, and WI – 71%;
in Small states (3 to 5 electoral votes): AK – 70%, DC – 76%, DE – 75%, ID – 77%, ME – 77%, MT – 72%, NE 74%, NH – 69%, NV – 72%, NM – 76%, OK – 81%, RI – 74%, SD – 71%, UT – 70%, VT – 75%, WV – 81%, and WY – 69%;
in Southern and Border states: AR – 80%, KY- 80%, MS – 77%, MO – 70%, NC – 74%, OK – 81%, SC – 71%, TN – 83%, VA – 74%, and WV – 81%; and
in other states polled: AZ – 67%, CA – 70%, CT – 74%, MA – 73%, MN – 75%, NY – 79%, OR – 76%, and WA – 77%.
Most Americans don’t care whether their presidential candidate wins or loses in their state or district . . . they care whether he/she wins the White House. Voters want to know, that even if they were on the losing side, their vote actually was directly and equally counted and mattered to their candidate. Most Americans think it would be wrong for the candidate with the most popular votes to lose. We don’t allow this in any other election in our representative republic.
The National Popular Vote bill has passed 33 state legislative chambers in 22 rural, small, medium, and large states with 250 electoral votes. The bill has been enacted by 10 jurisdictions with 136 electoral votes – 50.4% of the 270 necessary to go into effect.
NationalPopularVote
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 uniform nationwide date for the meeting of the Electoral College in mid-December. The initial vote count and the recount would be handled in the same way as they are currently handled—that is, under generally serviceable laws of each state that govern all elections.
If the popular vote count were extremely close on a nationwide basis, it would be very likely that the vote count would also be close in a number of battleground states.
As Senator David Durenberger (R–Minnesota) said in the Senate in 1979:
“There is no reason to doubt the ability of the States and localities to manage a recount, and nothing to suggest that a candidate would frivolously incur the expense of requesting one. And even if this were not the case, the potential danger in selecting a President rejected by a majority of the voters far outweighs the potential inconvenience in administering a recount.”
Most Americans think it would be wrong for the candidate with the most popular votes to lose. We don’t allow this in any other election in our representative republic.
I question the validity of that poll, however I do believe that lots of voters do not understand the reasons for electoral collage and have a knee jerk reaction that a popular vote is more democratic so must be better.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.