A Better Way to Hold a Presidential Election

February 28, 2011 RSS Feed Print
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Do you think Al Gore should have been elected president in 2000 because he won the popular vote by nearly 554,000 votes but lost to George W. Bush in the Electoral College? Or are you of a mind that the election system should be left alone because it could only get more confusing?

Welcome to the growing debate over National Popular Vote, a private, nonpartisan effort which aims to convince state legislatures to switch to a system that guarantees that the popular vote winner becomes the president. “It’s so much easier just to leave it with the people,” says National Popular Vote spokesman Tom Golisano, a businessman and former New York Independence Party gubernatorial candidate. Here’s how it would work. States decide how they divvy up Electoral Votes in a presidential election. As with Gore, it sometimes means the popular vote winner loses. It also creates close calls: Bush won re-election in 2004 by three million votes, but a switch of just 60,000 in Ohio would have made Sen. John Kerry the Electoral College winner. Under National Popular Vote legislation, states agree to give the national popular vote winner all of their electoral votes no matter who their state votes for. The organization is on a lobbying tear to get states with at least 270 votes collectively—the threshold for their bill to go into effect—signed on. So far, they have six states that total 72 votes. [Read about the 2012 presidential election.]

Some states are afraid they will become irrelevant. West Virginia Republican Del. Gary Howell tells Whispers that he thinks it will hurt small-population states the Electoral College was created to help. He also doesn’t like the idea of giving the national popular vote winner West Virginia’s Electoral Votes if the state chose the loser in the race. “It’s absurd what they’re asking,” he says.

But the pros are on the side of National Popular Vote. Former Sen. Birch Bayh, a Democrat and author of two amendments to the Constitution, says it will be fair and make it more of a national election than pitting red against blue states. Former independent presidential candidate John Anderson, another backer, says it will force candidates to travel to many more states instead of just battleground areas, making states like West Virginia as important as, say, Ohio or Florida.

 

Tags:
John Kerry,
George W. Bush,
Republican Party,
2012 presidential election

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State-by-state winner-take-all laws to award electoral college votes were eventually enacted by 48 states AFTER the Founding Fathers wrote the Constitution.

The Founding Fathers only said in the U.S. Constitution about presidential elections (only after debating among 30 ballots for choosing a method): "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."

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.

In 1789 only three states used the state-by-state winner-take-all method to award electoral votes.

The winner-take-all method is not entitled to any special deference based on history or the historical meaning of the words in the U.S. Constitution. 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 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.

toto of PA 2:09PM March 02, 2011

The Electoral College reflects the fact that the STATES created the Federal Government, not the other way around. We've already made the mistake of changing how Senators are chosen, much to our sorrow, so let's not make that mistake again.

Leave the EC as it is and instead, let's work on repealing the 17th Amendment to move back toward our constitutional roots...

Papa of TX 11:23PM March 01, 2011

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

The bill preserves the Electoral College, while assuring that every vote is equal and that every voter will matter in every state in every presidential election.

Every vote, everywhere, would be politically relevant and equal in presidential elections. Elections wouldn't be about winning states. No more distorting and divisive red and blue state maps. Every vote, everywhere would be counted for and directly assist the candidate for whom it was cast. Candidates would need to care about voters across the nation, not just undecided voters in a handful of swing states.

In the 2012 election, pundits and campaign operatives already agree that only 14 states and their voters will matter under the current winner-take-all laws (i.e., awarding all of a state’s electoral votes to the candidate who receives the most popular votes in each state) used by 48 of the 50 states. Candidates will not care about 72% of the voters-- voters in 19 of the 22 lowest population and medium-small states, like West Virginia. 2012 campaigning would be even more obscenely exclusive than 2008 and 2004. In 2008, candidates concentrated over 2/3rds of their campaign events and ad money in just 6 states, and 98% in just 15 states (CO, FL, IN, IA, MI, MN, MO, NV, NH, NM, NC, OH, PA, VA, and WI). Over half (57%) of the events were in just 4 states (OH, FL, PA, and VA). 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. Policies important to the citizens of ‘flyover’ states are not as highly prioritized as policies important to ‘battleground’ states when it comes to governing.

The Electoral College 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 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. It does not 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.

When the bill comes into effect, all the Electoral College votes from those states would be awarded to the presidential candidate who receives the most popular votes in all 50 states (and DC).

toto of PA 2:56PM March 01, 2011

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