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If you don't live in a "battleground" like Florida or Ohio whose statewide vote is perpetually up for grabs, you are ignored.

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The Path to a National Popular Vote

By David Sirota, Creators Syndicate. Posted December 28, 2007.


If you don't live in a "battleground" like Florida or Ohio whose statewide vote is perpetually up for grabs, you are ignored.
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Right now, many are frustrated about Iowa and New Hampshire voters having such oversized influence in America's presidential elections. In a few months, as the general election campaign unfolds, we will be similarly frustrated about Ohio and Florida. Who arbitrarily gave this handful of states the disproportionate power to determine our national political path?

When it comes to the Iowa caucuses and New Hampshire primary, the answer is the parties. They decide which states select nominees first. In the general election, the culprit is the Electoral College. Most states award their electoral votes on a winner-take-all basis. By no matter what margin presidential candidates win your state, they get all your state's electoral votes. That means if you don't live in a "battleground" like Florida or Ohio whose statewide vote is perpetually up for grabs, you are ignored.

The nominating system is easily modified. Parties can add early primary and caucus states if they choose. Changing the general election, on the other hand, looks much harder. The Electoral College and its negative consequences seem locked into the Constitution.

But the operative word is "seem."

The group National Popular Vote has developed an ingenious path around this constitutional obstruction: States can pass legislation mandating that all of their presidential electoral votes go to the winner of the national popular vote -- regardless of the election outcome in their own state.

If, say, Democrat-dominated Vermont signed on to the plan and a Republican won the national popular vote, Vermont would award its electoral votes to the Republican candidate, regardless of an overwhelming Democratic vote inside Vermont. If Republican-dominated Utah signed on to the plan and a Democrat won the popular vote, same thing -- Utah's electors would go to the Democrat.

The key element is the clause ensuring the plan does not take effect until states representing a majority of all electoral votes sign on. That way, the system only launches when it has enough electoral votes behind it to guarantee the winner of the national popular vote is the winner of the presidential election. No one state acts alone, and therefore neither political party gets an undue advantage.

This plan would immediately change presidential politics for the better.

As just one example, take the closely divided city of Indianapolis. It is currently ignored by presidential candidates because both parties know there is almost no chance Indiana will vote anything other than Republican in a presidential contest. Under the national popular vote plan, however, Indianapolis would suddenly be just as worthy of candidate attention as a similarly sized, closely divided city like Columbus, Ohio. That's because geography would cease to determine the importance of a vote. In the national popular vote system, a vote is a vote, regardless of where a candidate gets it.

The public is clamoring for this kind of fix. A 2007 Harvard University study found almost three-quarters of Americans favor a national popular vote over the current system.

The problem is Republican operatives who are trying to steer this public opinion into support for a partisan scheme to rig elections for good. Under the banner of democracy and fairness, these apparatchiks began crafting plans to push a ballot initiative in California unilaterally awarding the state's electoral votes by congressional district, rather than by winner-take-all. In other words, California's 53 congressional districts would each be like a separate state with one electoral vote going to whichever candidate won the presidential contest in that district. Experts agree the result would likely be Republicans gaining 22 electoral votes without doing a thing.

Not surprisingly, these Republicans are not pushing the same plan for red states like Texas, North Carolina and Georgia, where Democrats could make similar gains on a district-by-district basis. But that hypocrisy is secondary, because to bill the scheme as a pro-democracy reform is to lie through one's teeth. Consider that if the 2000 election had been decided on a district-by-district basis, George W. Bush's margin of Electoral College victory would have actually grown, despite the fact that he lost the popular vote.

Thankfully, the California initiative was torpedoed by GOP infighting, but you can bet it will be back soon. That is, unless states step up now. By passing national popular vote bills in the upcoming 2008 legislative sessions, state lawmakers can bring America closer to getting the democracy our civics books pretend we already have.

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See more stories tagged with: national popular vote

David Sirota is a nationally syndicated weekly newspaper columnist for Creators Syndicate. He is the New York Times bestselling author of Hostile Takeover: How Big Money and Corruption Conquered Our Government and How We Take It Back (Crown 2006). He is also a senior fellow at the Campaign for America's Future and a board member of the Progressive States Network. His second book, The Uprising, is due in the Spring of 2008.

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Jim
Posted by: Bailey's on Dec 28, 2007 10:52 AM   
Current rating: 4    [1 = poor; 5 = excellent]
I just want to point out that America is a constitutional republic, not a democracy, so we were never "promised" one. We have democratic elections to choose our officials, but once they are sworn in they serve in a government that is structured as a republic and whose specific powers are enumerated by a constitution. A very important difference to make clear. Having said that, this whole article has the obvious intent of moving the country to a popular vote for president. The American system was set up as a federation, not as a unified nation. Keeping the Electoral College itself might not be necessary, but keeping the system of electoral votes by state most certainly is. It is the last foothold of the checks and balances we used to have. Taking out the last state-federal differentiator with any substance will allow them to turn us into one big, howling, majoritarian mob.

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» RE: Jim Posted by: brunowe
» RE: Jim Posted by: EncinoM
» RE: One man or woman, one vote Posted by: UnEasyOne
» RE: One man or woman, one vote Posted by: ProgressiveManiac
» RE: Jim Posted by: JSquercia
» RE: Jim Posted by: aethr
There is a right to vote for electors in the Constitution
Posted by: aethr on Dec 28, 2007 4:47 PM   
Current rating: Not yet rated    [1 = poor; 5 = excellent]
Despite Scalia's protestations to the contrary, the right to vote for electors in a presidential election does appear in the U.S. constitution, in section 2 of the 14th amendment, at least. How would having a state's electors chosen by the national vote square with that? Somehow I think someone could make a legal case that their right to vote for their elector was being infringed on if the electors were assigned in any way contrary to the votes cast by residents of their state.

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The UN Charter of Universal Human Rights includes the right to be protected from discrimination
Posted by: Suzon on Dec 29, 2007 4:39 AM   
Current rating: Not yet rated    [1 = poor; 5 = excellent]
As a signatory to that document, the United States (or states independently) have an obligation to remove or neutralize the element of discrimination involved in the electoral college.

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Tinkering Around the Edges
Posted by: ProgressiveManiac on Dec 29, 2007 7:10 AM   
Current rating: Not yet rated    [1 = poor; 5 = excellent]
While a national election of would offer some advantages (and probably some disadvantages) over our current state-by-state election/selection of electors, this is just tinkering around the edges of all that is wrong with our electoral system. The system as a whole needs a major overhaul.

The most important problem with our electoral system is that it enforces an unnatural division of the country into two parties. The problem is the spoiler effect. Any time a third party gains a significant vote, the most likely outcome is that the party most unlike that third party will win. The founders were aware of this problem and their solution was to warn against the formation of factions (political parties). Obviously this turned out to be an unworkable solution.

We now know some solutions to this problem. The parliamentary system is one solution. Another is to institute instant runoff voting for president and proportional voting for legislative bodies.

In my opinion, political parties should also rethink how they choose their candidates. The media has too much sway on the process and they prefer the simplicity of a two-person horse-race. This issue needs some serious attention and serious discussion, but let me throw out an idea:

The current system instead looks for the candidate that the largest number of people (or maybe the largest number of dollars) would choose as their first choice (even though a majority of the party might find that candidate unacceptable). This is the wrong approach.

During the primary season, a party should focus on finding the candidate with the least negatives - a consensus candidate. A political party will always represent a range of opinions and the focus of the primaries should be to find a candidate that the most members of the party can agree is an acceptable candidate.

How would such a system work? Something like an instant-runoff election would seem to work. Each voter would cast votes for several candidates (for example, each voter has three votes) that the voter finds acceptable. A candidate winning with a significant margin of error (say, 5%) would win, but if there is no winner then calculation would be done again with the poorest performing candidate removed. This process would be repeated until a winner results.

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National Popular Vote is what is needed
Posted by: joreko on Dec 29, 2007 9:28 AM   
Current rating: 4    [1 = poor; 5 = excellent]
The major shortcoming of the current system of electing the President arises from the winner-take-all rule (currently used by 48 of 50 states) under which all of a state’s electoral votes to the candidate who gets the most votes in the state. If the partisan divide in a state is not initially closer than about 46%-54%, no amount of campaigning during a brief presidential campaign is realistically going to reverse the outcome in the state. As a result, presidential candidates have no reason to poll, visit, advertise, organize, campaign, or worry about the concerns in voters of states where they are safely ahead or hopelessly behind. Instead, candidates concentrate their attention on a handful of closely divided “battleground” states. As a result, 88% of the money and visits (and attention) is focused on just 9 states. Fully 99% of the money goes to just 16 states. More than two-thirds of the country is left out.

Another shortcoming of the current system is that a candidate can win the Presidency without winning the most popular votes nationwide.

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 would take effect only when enacted, in identical form, by states possessing a majority of the electoral votes—that is, enough electoral votes to elect a President (270 of 538). When the bill is enacted in a group of states possessing 270 or more electoral votes, all of the electoral votes from those states would be awarded, as a bloc, to the presidential candidate who receives the most popular votes in all 50 states (and DC).

The National Popular Vote bill has 366 legislative sponsors in 47 states. It has been signed into law in Maryland. Since its introduction in February 2006, the bill has passed by 12 legislative houses (one house in Colorado, Arkansas, New Jersey, and North Carolina, and two houses in Maryland, Illinois, Hawaii, and California).

See www.NationalPopularVote.com

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States may award electoral votes any way they want
Posted by: joreko on Dec 29, 2007 1:13 PM   
Current rating: Not yet rated    [1 = poor; 5 = excellent]
The U.S. Supreme Court has repeatedly characterized the authority of the states over the manner of awarding their electoral votes as “plenary” and “exclusive.”

All the U.S. Constitution says is "Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors."

The constitutional wording does not encourage, discourage, require, or prohibit the use of any particular method for awarding the state’s electoral votes.

The winner-take-all rule (currently used by 48 states and DC) to allocate their electoral votes is not in the U.S. Constitution. It is strictly a matter of state law. The winner-take-all rule was not the choice of the Founding Fathers, as indicated by the fact that the winner-take-all rule was used by only 3 states in the nation’s first presidential election in 1789. The fact that Maine and Nebraska currently award electoral votes by congressional district is a reminder that the U.S. Constitution left the matter of awarding electoral votes to the states.

Nothing in the Constitution needs to be changed in order to have a nationwide vote for President, because the Founding Fathers left the conduct of presidential elections to the states. This is a matter of state power, and the state power is exclusive and plenary.

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asa watcher
Posted by: asa watcher on Dec 30, 2007 12:56 PM   
Current rating: 5    [1 = poor; 5 = excellent]
I cast my first presidental vote, absentee, from Long Binh, Viet Nam. Humphry lost. Nixon took Colorado. My vote, of course, did not count. As a matter of fact, I've voted in every Presential election since, and my vote has NEVER counted...even when I voted for the guy who won. It seems to me that no matter how much we might alter the Electoral College at the state level, a way will be found to "game" it.
The President/Vice is the only election race in which all Americans vote. I don't care if it does sound trite: "count every vote". I don't mind waiting. I waited in 2000, patiently, knowing the Supreme Court would do the right thing...
Count 'em, dammit! Count all of 'em! Start after all the polls close, and then count them ALL! How hard is this? This damn campaign will last more than a year. I can wait a couple more days to find out who won.

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