How to Handle Nader

By Steven Hill and Rob Richie, The Nation. Posted July 21, 2004.

In 2000, Al Gore beat George W. Bush in the state of New Mexico by a mere 356 votes – a slimmer margin than in Florida. Ralph Nader polled 21,000 votes. Nader not only nearly cost Gore the state, but forced him to expend valuable resources there in the campaign's waning days, draining his effort from Florida.

Flash forward to 2004. Once again the Democratic and Republican candidates are locked in a tight race nationally. Once again Nader's entry into the race threatens Kerry's hold on New Mexico. And once again two candidates who share many views and bases of support – and who ideally could work together to challenge George Bush on the economy, the war in Iraq, the future of social security, the environment, political reform and health care – instead are players in a Cain and Abel drama, courtesy of the all-or-nothing, winner-take-all nature of our presidential election method.

Yet there is a way out – if New Mexico Democrats decide they want one. Democrats control New Mexico's state legislature, and one of Kerry's leading vice-presidential contenders, Bill Richardson, is governor. Democrats could pass into law – right now – a runoff or instant runoff system with a majority requirement for president to ensure that the center-left does not split its vote between Kerry and Nader.

Here's how. The Constitution mandates the antiquated Electoral College system for electing the president, in which there is a series of elections in the fifty states and the District of Columbia rather than one national election. But the Constitution specifically delegates to states the method of choosing its electors. States historically have used a variety of different approaches, including letting the state legislature appoint electors, as threatened by Florida Republicans in 2000. Nebraska and Maine, for example, award two electoral votes to the winner of the statewide vote and one vote to the winner of the popular vote in each congressional district (a flawed approach that would boost Republicans if in place nationally).

The remaining states use a statewide winner-take-all plurality method where the highest vote-getter wins 100 percent of that state's electoral votes, even if that candidate wins less than a popular majority. With plurality voting, a majority of voters can split their vote among two or more candidates and end up winning nothing. Indeed because of the presence of Nader and other candidates like Pat Buchanan, nine states in 2000 awarded all their electoral votes to a candidate who did not win a popular majority. Fully 49 of 50 states were won without a majority in 1992. It is the lack of a majority requirement that leads Nader and Kerry forces to clash so bitterly.

To be sure, Republicans may cry foul if New Mexico Democrats suddenly switch to a runoff system, but even if Democrats' action is self-interested, it's also in the public interest to protect majority rule and allow for voter choice. One approach would be to adopt a runoff system similar to that used in most presidential elections around the world, most southern primaries and many local elections: A first round with all candidates would take place in New Mexico in early October. The top two finishers would face off in November, with the winner certain to have a majority.

Steven Hill is a senior policy analyst with the Center for Voting and Democracy and author of "Fixing Elections: The Failure of America's Winner Take All Politics." Rob Richie is the Center's executive director.

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