Every 10 years the U.S. Census, by counting the nations population, determines how each state is to be represented in Congress for the next 10 years. A states electoral total is equal to the number of Congressional districts, plus its 2 Senators. For example New Jersey has 14 electoral votes, 12 Congressional districts plus its 2 Senators. Under the current Electoral College system the candidate who wins the majority of the popular vote in that state, would win ALL of that states electoral votes. Basically a winner takes all system.
In a direct popular vote system, the electoral votes would be given out proportionally. So say the popular vote in N.J. is split down the middle 50-50? Each candidate would receive 7 electoral votes proportional to the popular vote. It seems reasonable with one major exception. In a system where political power is fought for so tenaciously by both parties, it could open the door to a situation like the Florida vote in 2000, on a national scale. This was the exact sentiment echoed by Senate Minority Leader Mitch McConnell (R-KY) who recently called this “the most important issue in America that nobody is talking about”. He went on to explain the National Popular Vote movement is “getting dangerously close to achieving their goal of eliminating the Electoral College without actually amending the Constitution -- without anybody even noticing..." He continued, The national popular vote would give “every precinct in America the incentive to have a recount so that recounts are going on in 50 states … When the national popular vote total is the way the president is chosen, then every vote in America in every precinct in America would become the subject for endless litigation. There wouldn’t be a chance the presidency would be resolved by Jan. 20 in time for swearing in.” This would, McConnell said, be “a catastrophic outcome” and “a constitutional crisis” that “brings this country to its knees. We’ve never had a situation where the president wasn’t sworn in by the date specified in the Constitution.”
The National Popular Vote bill would guarantee the Presidency to the candidate who receives the most popular votes in the entire United States. The bill preserves the Electoral College, while ensuring that every vote in every state will matter in every presidential election. The National Popular Vote law has been enacted by states possessing 132 electoral votes — 49% of the 270 electoral votes needed to activate it.
So no matter where you stand on this very important issue, it is equally important to at least become aware of the effort that may change the way we vote, and pick our Presidents. I tend to believe "if it's not broken, don't fix it." The current system has carried us this far, I say stay true to the Constitution. When you begin to alter the intent of that document in a major way, by some state legislated back door process, you're opening a huge can of worms. However, if the National Popular Vote sounds interesting to you, here is a link to give you more information about their arguments and goals.
http://www.fairvote.org/solutions-and-the-case-for-reform
Be informed people, the Constitution is about to be changed without amending that very document. A scary proposition no matter what the issue may be.
The precariousness of the current state-by-state winner-take-all system of awarding electoral votes is highlighted by the fact that a shift of a few thousand voters in one or two states would have elected the second-place candidate in 4 of the 13 presidential elections since World War II. Near misses are now frequently common. There have been 6 consecutive non-landslide presidential elections (1988, 1992, 1996, 2000, 2004, and 2008). 537 popular votes won Florida and the White House for Bush in 2000 despite Gore's lead of 537,179 (1,000 times more) popular votes nationwide. A shift of 60,000 voters in Ohio in 2004 would have defeated President Bush despite his nationwide lead of over 3 million votes.
ReplyDeleteThe National Popular Vote bill would guarantee the Presidency to the candidate who receives the most popular votes in all 50 states (and DC), without changing the Constitution.
The National Popular Vote bill preserves the constitutionally mandated Electoral College and state control of elections. It changes the way electoral votes are awarded by states in the Electoral College, instead of the current 48 state-by-state winner-take-all system (not mentioned in the U.S. Constitution, but since enacted by 48 states). It ensures that every vote is equal, every voter will matter, in every state, in every presidential election, and the candidate with the most votes wins, as in virtually every other election in the country.
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 candidate with the most popular votes in all 50 states and DC would get the 270+ ELECTORAL COLLEGE votes from the enacting states. That majority of ELECTORAL COLLEGE votes guarantees the candidate with the most popular votes in all 50 states and DC wins the presidency.
National Popular Vote would give a voice to the minority party voters in each state. Now their votes are counted only for the candidate they did not vote for. Now they don't matter to their candidate.
And now votes, beyond the one needed to get the most votes in the state, for winning in a state are wasted and don't matter to candidates. Utah (5 electoral votes) alone generated a margin of 385,000 "wasted" votes for Bush in 2004. 8 small western states, with less than a third of California’s population, provided Bush with a bigger margin (1,283,076) than California provided Kerry (1,235,659).
With National Popular Vote, every vote, everywhere would be counted equally 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. The political reality would be that when every vote is equal, the campaign must be run in every part of the country.
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. Americans believe that the candidate who receives the most votes should win.
The bill has passed 31 state legislative chambers in 21 small, medium-small, medium, and large states.
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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.
ReplyDeleteThe 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, and enacting National Popular Vote would not need an amendment. 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. Maine and Nebraska do not use the winner-take-all method.
The idea that recounts will be likely and messy with National Popular Vote is distracting.
ReplyDeleteThe 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.
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 56 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.