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Behind the Scenes PDF Print E-mail
by Tara Ross    Mon, May 7, 2007, 11:29 AM

Like it or not, the 2008 presidential race is underway.  Democrats held their first debate on April 26 in South Carolina, and Republicans soon joined in on the fun with their own debate last week. Many Americans can barely keep up with the early start to presidential campaign season. They may think it is too soon for candidates to start vying for their attention. But believe it or not, another group is already getting started with an effort aimed at the 2012 presidential election.

This latter campaign is a well-financed, nationally coordinated effort. It’s had an early success in Maryland, although it’s also had early failures in other states. The group is one to watch. Successes in as few as 11 more states would enable it to change the way in which Americans elect their President.

Indeed, legislation was recently introduced in Texas, at the prodding of this campaign. If passed, a bill such as HB 3566 would require Texas’s 34 electoral votes to be allocated to the winner of the national popular vote, rather than the winner of the state popular vote. Imagine the entire slate of Texas electors voting for Hillary Clinton, even if Texans themselves vote overwhelmingly against her. This scenario could become a reality if legislation such as HB 3566 is adopted by a critical mass of states (states holding at least 270 total electoral votes).

Sounds impossible? Maybe in the short term. But the National Popular Vote campaign is not trying to succeed in the short term. It has a longer time horizon in mind, and it is tackling states one at a time in its efforts to succeed. It hopes to accomplish its goal by 2012.

The campaign has had its biggest success in Maryland, where the NPV proposal has already been enacted into law. The Illinois House recently approved the plan, and the state’s Senate will consider the legislation later this month. The proposal came close to approval in two states, California and Hawaii, until gubernatorial vetoes defeated the plan.

Maybe some voters won’t care. The Electoral College is an often misunderstood institution, and many may default upon the assumption that any plan to bypass the Electoral College is a good thing.  But it is always dangerous to eliminate or change constitutional provisions without first seeking to understand why those provisions were put in place in the first place. At a minimum, legislators and voters should strive to educate themselves on the history and justifications for the Electoral College before they casually default upon support for such a radical change to our political system.

Voters have many misperceptions about the Electoral College.  Conventional wisdom erroneously holds that “only” swing states matter in modern-day American presidential elections. Such a perspective makes the mistake of focusing too exclusively on only one or a handful of election years. Once states’ full histories of voting are studied, it becomes apparent that the identity of “swing” and “safe” states changes all the time. In reality, the Electoral College creates a healthy political dynamic that requires political parties to reach out to voters nationwide.

Similarly, many voters operate under the false assumption that the Electoral College is an inherently unfair and undemocratic process. But the country does hold democratic presidential elections: Fifty-one purely democratic presidential elections are held each year, one in each state and one in the District of Columbia. Democratic principles are an important aspect of the Electoral College, but they are combined with the principles of republicanism and federalism. These latter principles prevent our country from degenerating into a system where 51 percent of voters can tyrannize over 49 percent of voters at the drop of a hat. Yet most voters do not know how or why republican and federalist principles were included in the U.S. Constitution. Why would they? By and large, this aspect of constitutional history is not taught in American schools.

Finally, many voters are likely to note that the President “should be the person whom most Americans support.” But human nature makes such an outcome impossible. Fifty-one percent of Americans will never agree on the identity of the “best” American President.  Left to their own devices, voters would instead fracture their votes across half a dozen or more candidates. Legislation such as HB 3566 exacerbates the problem, because it does not even require a run-off. A candidate winning the nationwide tally with a plurality of 30 percent of the vote could win the White House. Such a candidate does not represent “most” Americans. The Electoral College, at least, makes voters come together and agree on a good compromise candidate who will satisfy most Americans as represented by their states.

In the opinion of this author, the NPV effort does not pose an imminent danger to the Electoral College. It does, however, have prospects of long-term success if voters fail to be diligent in educating themselves about their political system. Americans must not let their Constitution be undermined through sheer apathy and ignorance.

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Comments (6)add comment
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written by Ed Cognoski , May 08, 2007

History is not kind to Ms Ross. The only case in over a century where the electoral college system gave us a different President than the popular vote would have was the election that put George W Bush in the White House. In hindsight, it looks like the antiquated electoral college system let down the country. Big time.


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written by Francine Borden , May 08, 2007

I fully support the National Popular Vote. (That's what NPV stands for, Miss Ross, in case you didn't know.)

The trigger that will activate it is when states with sufficient electoral votes to comprise a majority of electoral votes passes the National Popular Vote law.

I understand that you like the idea of using the right-wing packed U. S. Supreme Court to make sure that Republicans can be appointed to the White House even though they don't win the popular vote. But, that is not what our founders meant by protecting the minority from the tyranny of the majority.

It is long past time for the President and Vice-President to be elected by popular vote.

We will still have a Senate which gives disproportionate power to the citizens of the less populous states and a filibuster which requires a super majority to protect the minority - which is far more important than any protection provided by the electoral college.



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written by Chris Gabriel , May 09, 2007

The commentators above fail to consider the practical and historical weight of Ms. Ross's argument. Here is another factor to consider: imagine what would have happened in 2000 with such a close Presidential election if the outcome had been decided by popular vote. Instead of a localized challenge in Florida, the political and legal fight would have extended across the whole country. Imagine armies of partisan lawyers trolling for disputed votes in every precinct across the country. (And there were plenty of opportunities with questionable tallies in Wisconsin, Louisiana, and many other places.) This type of potentially crippling political dispute is one of the many things the electoral college was intended to prevent. The Founders built us a system of governance that has lasted for more than 200 years. Give them credit that they had good reasons for avoiding the popular election of the President. Very rarely have the two results differed and, when they have, the electoral college made for a much cleaner and more decisive result than a popular vote would have produced. Of such clever designs are lasting political structures made.


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written by Jim Bergquist , May 09, 2007

The struggle between federalism and states rights split the early United States into two factions, the Federalists and the (Democratic-)Republicans. Infighting in the Federalist party resulted in the death of Alexander Hamilton and, perhaps as a consequence, the demise of the Federalist party. The Civil War proved the federal government to be the stronger. Jeffersonian democracy has been on the decline ever since. Switching to a national popular vote will put another nail in it's coffin.

Do we want the big cities dominating national politics? Are they self-sustaining? The Depression proved that supply and demand doesn't always work. The economy needs to be more quality conscious and perceptive in order to overcome today's problems. We have to avoid crises before they arise. We need our leaders to act sooner rather than later.



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written by Ed Cognoski , May 09, 2007

The 2000 popular vote was not all that close compared to some past elections. It was decided by over half a million votes nationwide. Gore would have been elected. Bush would have conceded. The fiasco in Florida would have been irrelevant.

The system we use today is not the system the Founders gave us. In the first Presidential election, only three states used a winner-take-all electoral vote system. States used several different systems. Only over the decades did the current system of winner-take-all in each state evolve. States today could change again how they apportion their electoral votes without any violation of the Founders principles.



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written by Robert Johnson , May 13, 2007

Republicans should remember that had a few votes changed in Ohio (literally, if as many Catholics who voted for alleged Baptist Gore in 2000 had voted for alleged Catholic Kerry in 2004), Kerry would have won the Electoral Vote while drastically losing the popular vote.

While Conservatives tend to defend the Electoral College not only on the basis of the Constitution and Tradition, they also feel that the 'smaller' (read, rural) states were originally protected by the Electoral College via two extra votes due to Senators, etc. However, we also need to look at the fact that a huge state like California could have BARELY voted Democrat in a close race and then get ALL of the electors, wiping out the small states even if the vast majority of each small, conservative, rural state had voted Republican.

Perhaps a better compromise would be split elector systems which as I recall are already being adopted by several states such as Maine.




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