Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Nevada's about to commit political suicide — is the Electoral College doomed?
The Hill ^ | 05/30/19 | Gary L. Gregg

Posted on 05/30/2019 11:33:59 AM PDT by yesthatjallen

Last week, 12 members of the Nevada state Senate voted to commit political suicide for their state and step the nation closer to an electoral transformation. They did it along partisan lines and with almost no one watching. If Gov. Steve Sisolak (D) signs the legislation, making Nevada a signatory to the National Popular Vote compact, the state will have resigned itself into presidential oblivion.

Just a few years ago, not many would have thought that a scheme to amend the Constitution without actually amending the Constitution, cooked up by the inventor of rub-off instant lottery ticket technology, would be taken seriously. Now it has passed into law in 14 states and the District of Columbia.

Here’s how the National Popular Vote plan is designed to work: Rather than go through Article V of the Constitution to amend the document itself, it would use an agreement between the states to give their electoral vote to the national popular vote winner, no matter how their own citizens vote. The compact is set to become operable when states accounting for a majority of the Electoral College votes (270 of 538) pass the compact. When Nevada enters the compact, supporters will be within 75 electoral votes of fundamentally transforming the American political order.

The plan will profoundly change our electoral system, by changing the incentives of our candidates. Those changes demand a serious national debate — but for now, let’s focus on what the Nevada Senate has just done to its own state and the people the Senate represents.

Nevada has been a fairly reliably competitive state in the 20th and 21st centuries. It has voted with the winner of the presidency more than 85 percent of the time since 1900. Since FDR’s first election, Democrats have won Nevada in 12 presidential elections and Republican candidates won it in 10. President Bush won it twice, but so did Barak Obama. Though the state has been moving more reliably Democratic, it has been a state that can often command the attention of candidates.

Never again. If the Democratic state leaders in Nevada get their way and the National Popular Vote compact becomes operable, the state will never again be important to a presidential candidate.

Let’s look at the numbers.

With the current Electoral College system, a close presidential election could hinge on Nevada’s six electoral votes. This gives the state some clout, which means its interests can gain some attention. If the state just gives away its six electors to whomever wins the national popular vote, Nevada will no longer have enough marginal votes to make it worth a candidates’ attention.

In competitive elections like 2016 and 2004, for instance, the candidates in Nevada were separated by less than 30,000 votes. Even in the blowout year of 2008 Obama only received roughly 120,000 votes more than John McCain — a margin few candidates will actually be able to hope to improve upon.

Compare those numbers with the margin Hillary Clinton racked up over Donald Trump in just one county in California; in Los Angeles County alone she received more than 1.6 million more votes than Donald Trump, and that was without even trying! All incentives for candidates to seek votes in Nevada will be eliminated if the Electoral College system is changed through the NPV plan.

The election in Nevada in 2016, in fact, is a good microcosm of what will happen to Nevada and other small and rural states if he NPV compact succeeds. Clinton did not win Nevada by traveling the state and appealing to a wide swath of the population. She won Nevada by winning a massive majority in just one county (and a slight plurality in one other). Where Clinton won the whole state by just 27,000 votes, she won more than 82,000 votes more than Trump simply in the county containing Los Vegas, and thereby won the state.

If those supporting the National Popular Vote initiative succeed, they will make all small and rural states like Nevada irrelevant in our national presidential conversation. In making these voters irrelevant, they also will be radicalizing our politics by centering ever more power in major urban centers, which already contribute most of the money fueling our campaigns and the media reporting on them.

And all this is happening within state legislatures without a serious national conversation that an actual amendment to the Constitution would demand — one that which our republic deserves.

Gary L. Gregg is editor of “Securing Democracy—Why We have an Electoral College” and holds the Mitch McConnell Chair in Leadership at the University of Louisville.


TOPICS: Government; Politics/Elections; US: Nevada
KEYWORDS: electoralcollege; faithlesselectors; latetothedance; nationalpopularvote; nevada; npv; sisolak; stevesisolak
Navigation: use the links below to view more comments.
first previous 1-2021-4041-6061-72 next last
To: Freedom4US
SCOTUS said that was unconstitutional. Because naturally.

One of the things that was most interesting, to me, when Neal Gorsuch took his seat at the high table was his questions on what the Constitution actually said in questioning on a case. Ginsburg's counter was that things like, 'One man, one vote' were decided by SCOTUS, not included in the Constitution, and therefore what the Constitution says is not the most important issue. (And she's actually on the SCOTUS!!)

The Constitution says - literally - that the Congress shall have the sole power to make laws. Yet precedent (stare decisis) is always judge-made law. As such, it is always suspect and should never be considered until the plain language of the Constitution and Congress-passed law are addressed.

Yet that would take power away from the judges at all levels, including the Supreme Court. What angers me is that we let them get away with it.
41 posted on 05/30/2019 12:12:28 PM PDT by Phlyer
[ Post Reply | Private Reply | To 25 | View Replies]

To: Kenny

There’s no way on earth CA did not furnish dead minimum 1.5 MM illegal votes. I don’t know about 3 MM but that would not surprise me.


42 posted on 05/30/2019 12:12:48 PM PDT by Attention Surplus Disorder (Apoplectic is where we want them)
[ Post Reply | Private Reply | To 12 | View Replies]

To: Justa
There’s no way in H Trump will win the popular vote this year and you can take that to the bank.

What makes you think that?

43 posted on 05/30/2019 12:16:02 PM PDT by Not A Snowbird (I trust President Trump.)
[ Post Reply | Private Reply | To 15 | View Replies]

To: Not A Snowbird

Vote fraud.
The Left will steal and we will just take it.


44 posted on 05/30/2019 12:21:00 PM PDT by right way right (May we remain sober over mere men, for God really is our only true hope.)
[ Post Reply | Private Reply | To 43 | View Replies]

To: Political Junkie Too
They have the authority if they unilaterally do it on a state by state basis.

That's splitting a vanishingly fine hair. The only issue would be if a state who had 'joined' the compact had allocated their electors based on its own citizens' votes instead of the national popular vote - and the other states that were part of the compact had tried to sue it to comply. In that case, your point is exactly valid. The 'compact' was legally unenforceable for the reasons you mentioned.

But there is no Constitutional reason that a state could not be 'convinced' by the 'logic' of the agreement and do so after the votes were counted in some other state. In essence, because the compact was/is legally unenforceable, it is by definition a unilateral decision.

This is actually key, because as I said before, the first time a non-collectivist Presidential candidate wins the national popular vote, none of the blue states are going to have their electors vote for him anyway. If they were serious, they would not wait for enough states to have a majority of the electoral college to agree to their 'compact.' They would just declare that they were going to allocate their electors to the winner of the national popular vote and other states could join in if they wanted to.

This is all 'cart before the horse.' The so-called swing states are not going for this - not enough to guarantee a majority. A state goes solid 'blue' long before they would give up their electoral votes to the results in another state - in which case the results would be the same as if there were no agreement in the first place.
45 posted on 05/30/2019 12:22:46 PM PDT by Phlyer
[ Post Reply | Private Reply | To 40 | View Replies]

To: yesthatjallen

Governor vetoed the bill today


46 posted on 05/30/2019 12:26:22 PM PDT by RArtfulogerDodger (peace, Love, and Joy To All, Especially Obama and Democrats)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Phlyer
If they were serious, they would not wait for enough states to have a majority of the electoral college to agree to their 'compact.' They would just declare that they were going to allocate their electors to the winner of the national popular vote and other states could join in if they wanted to.

That's what I've been calling for from the start of this nonsense, for one state to come forward and demonstrate some role model courage and just do it to lead by example.

Still, if they go the compact route, then Congress would have to approve the compact. It doesn't automatically begin when states with 270 EV ratify.

-PJ

47 posted on 05/30/2019 12:34:02 PM PDT by Political Junkie Too (The 1st Amendment gives the People the right to a free press, not CNN the right to the 1st question.)
[ Post Reply | Private Reply | To 45 | View Replies]

To: yesthatjallen

The DOJ needs to start the process in Federal Court to declare this compact unconstitutional before the 2020 election
because its purpose is to subvert the electoral college as established by the Constitution


48 posted on 05/30/2019 12:34:19 PM PDT by chuckee
[ Post Reply | Private Reply | To 1 | View Replies]

To: yesthatjallen

We can have The United States Of America, or we can have The Democrat Socialist Union.

We can’t have both.


49 posted on 05/30/2019 12:35:07 PM PDT by blueunicorn6 ("A crack shot and a good dancer")
[ Post Reply | Private Reply | To 1 | View Replies]

To: Phlyer

“The Constitution establishes that the states get to decide how to apportion their electors, and if they choose to do so on the basis of how other states voted rather than on how their own citizens voted, then they have that authority.”

I disagree with this statement and so do many others. I’m not going to bother with details but In short states have LATITUDE, but NOT free reign in this matter. Furthermore, aside from how the states are permitted to portion their electoral votes, this compact between states is clearly UNCONSTITUTIONAL.


50 posted on 05/30/2019 12:42:14 PM PDT by SoCal Pubbie (Ca)
[ Post Reply | Private Reply | To 18 | View Replies]

To: right way right; Not A Snowbird
Vote fraud. The Left will steal and we will just take it.

That...and there's no presidential election this year.

51 posted on 05/30/2019 12:51:40 PM PDT by Rinnwald
[ Post Reply | Private Reply | To 44 | View Replies]

To: billyboy15

Man, that is so true. It was obvious too because he was ahead in pv up until CA.


52 posted on 05/30/2019 12:52:58 PM PDT by Kenny
[ Post Reply | Private Reply | To 26 | View Replies]

To: yesthatjallen

I’m not sure what an outright popular vote would signify,..”””

It would signify, to use the popular turn, a bridge too far. We’re most emphatically not in America anymore. These people must be dealt with even if for no other reason than that they must at least pay in blood for the nation they are stealing.


53 posted on 05/30/2019 12:54:11 PM PDT by TalBlack (Damn right I'll "do something" you fat, balding son of a bitch!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: yesthatjallen

This horse shit will never make it passed the SCOTUS!!!


54 posted on 05/30/2019 12:56:52 PM PDT by ontap
[ Post Reply | Private Reply | To 1 | View Replies]

To: SamAdams76

Sure we will. They never let a bad idea die, and they’ve been bitchin’ about the EC since at least George Bush the Lesser. Probably longer.


55 posted on 05/30/2019 1:11:07 PM PDT by chesley (What is life but a long dialog with imbeciles? - Pierre Ryckmans)
[ Post Reply | Private Reply | To 9 | View Replies]

To: Political Junkie Too
Still, if they go the compact route, then Congress would have to approve the compact.

Sorry, but I disagree. Congress has no authority to determine - or to approve - how the States allocate their elector votes. A compact would be legally unenforceable (and therefore not really significant) until and unless a Constitutional amendment was approved. Congress has a part to play in that process, but only a part.
56 posted on 05/30/2019 1:13:43 PM PDT by Phlyer
[ Post Reply | Private Reply | To 47 | View Replies]

To: yesthatjallen

It is incredible that the state is making this idiotic move to disenfranchaise its citizens without asking.


57 posted on 05/30/2019 1:54:11 PM PDT by Reno89519 (No Amnesty! No Catch-and-Release! Just Say No to All Illegal Aliens! Arrest & Deport!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: SoCal Pubbie
I disagree with this statement and so do many others. I’m not going to bother with details but In short states have LATITUDE, but NOT free reign in this matter. Furthermore, aside from how the states are permitted to portion their electoral votes, this compact between states is clearly UNCONSTITUTIONAL.

The issue needs to be settled before the 2020 election.

If not and Trump wins Democrats will use it to muddy the water and declare the election invalid.

58 posted on 05/30/2019 1:59:59 PM PDT by yesthatjallen
[ Post Reply | Private Reply | To 50 | View Replies]

To: Phlyer

The Senate confirmed Buzzy 98-2, something like that. Absolutely insane.


59 posted on 05/30/2019 2:12:34 PM PDT by Freedom4US
[ Post Reply | Private Reply | To 41 | View Replies]

To: yesthatjallen

One way to shut this down would be if Trump wins the majority. He’d win unanimously since all the Blue States would also go to him.


60 posted on 05/30/2019 2:33:34 PM PDT by Brilliant
[ Post Reply | Private Reply | To 1 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-2021-4041-6061-72 next last

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.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson