posted 01-05-2004 04:24 PM
And then there's the electoral college crap! http://theelectoralcollegesucks.com/
The Electoral College System
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Excerpted from The League of Women Voters of California Education Fund, Choosing the President - 1992 (New York: Lyons and Burford, 1992), p. 91-97.
Click here to go to the National League of Women Voters Homepage.
Copyright ©1992 by The League of Women Voters of California Education Fund.
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The actual mechanism of electing the president and the vice president of the United States is a rather complicated process. The electoral college is one of the many compromises written into the United States Constitution in 1787. The founding fathers devised the electoral college to elect the president but they did not anticipate the emergence of national political parties or a communications network able to bring presidential candidates before the entire electorate.
Providing that the president be chosen indirectly through the "electoral college" rather than directly
by the voters in November was one of the founders' hedges against "popular passion." In the beginning, the electors had very real powers to work their will. Now, their sole function is to confirm a decision made by the electorate six weeks earlier.
Under the Constitution, each state is authorized to choose electors for president and vice president, the number always being the same as the combined number of U.S. senators and representatives allotted to that state. With 100 senators and 435 representatives in the United States, plus three electors for the District of Columbia provided by the Twenty-third Amendment, the total electoral college vote is 538.
Makeup and operation of the electoral college itself are tightly defined by the Constitution, but the method of choosing electors is left to the states. In the beginning many states did not provide for popular election of the presidential electors. Today, however, electors are chosen by direct popular vote in every state. When voters vote for president, they are actually voting for the electors pledged to their presidential candidate. (Electors are named by state party organizations. Serving as an elector is considered an honor, a reward for faithful service.)
With the political parties in control of presidential politics, the function of the electoral college has changed drastically. Rather than having individuals seek to become electors and then vote for whomever they please for president, the parties have turned the process upside down by arranging slates of electors, all pledged to support the candidate nominated by the party.
In the earliest days of the electoral college, quite the opposite was true. Electors cast their votes for individual candidates rather than for party slates, with the majority winner being elected president and the runner-up, vice president. This made for some bizarre situations, as in 1796 when the Federalist John Adams, with 71 votes, became president and the Democratic-Republican Thomas Jefferson, with 68, vice president- roughly equivalent in modern times to an election in which Bush and Dukakis would end up as president and vice president. In 1800 Jefferson and his running mate, Aaron Burr, each won an identical number of electoral votes, forcing the election into the House of Representatives, which resolved it in Jefferson's favor. It was to avoid any similar occurrence that the Twelfth Amendment was passed in 1804. This amendment required the electors to cast two separate ballots, one for president and the other for vice president. This is the only constitutional change that has been made in the electoral college system, other than to add three electoral votes for the District of Columbia in 1961.
Presidential and vice presidential candidates of a party run as a team. In most of the states, it is the names of the candidates rather than the names of the electors that appear on the ballot; in the other states, both candidates and electors are identified. The victor in each state is determined by counting the votes for each slate of electors; the slate receiving the most votes (the plurality, not necessarily the majority of the votes cast) is declared the winner.
To be elected to the presidency a candidate must receive an absolute majority (270) of the electoral votes cast. If no candidate receives a majority, the House of Representatives picks the winner from the top three, with each state delegation in the House casting only one vote, regardless of its size. Only two U.S. elections have been decided this way (1800 and 1824).
The vice president is elected at the same time by the same indirect winner-take-all method that chooses the president, but the electors vote separately for the two offices. If no vice presidential candidate receives a majority, the Senate picks the winner from the top two, each senator voting as an individual. The Senate has not made the choice since 1836.
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The Electoral College, Pro and Con
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The electoral college mechanism has not lacked for critics over the years. The basic objection is that the system clearly has the potential to frustrate the popular will in the selection of a president and a vice president. Because of the aggregation of electoral votes by state, it is possible that a candidate might win the most popular votes but lose in the electoral college voting. This happened in 1824 (when the election was thrown into the House), in 1876 (when there were disputed electors from several states), and in 1888. The winner-take-all system literally means that the candidate team that wins most of the popular votes (the plurality vote winner) in a particular state gets all of the electoral votes in that state, and the loser gets none, even if the loss is by a slim popular-vote margin. Thus a candidate who fails to carry a particular state receives not a single electoral vote in that state for the popular votes received. Since presidential elections are won by electoral-not popular-votes, it is the electoral vote tally that election-night viewers watch for and that tells the tale.
Another problem cited by critics is the possibility of "faithless electors" who defect from the candidate to whom they are pledged. Most recently, in 1976, a Republican elector in the state of Washington cast his vote for Ronald Reagan instead of Gerald Ford, the Republican presidential candidate. Earlier, in 1972, a Republican elector in Virginia deserted Nixon to vote for the Libertarian party candidate. And in 1968, Nixon lost another Virginia elector, who bolted to George Wallace.
The main danger of faithless electors is that the candidate who wins the popular vote could wind up one or two votes short of a majority in the electoral college and could lose the election on a technicality. This prospect becomes more probable when there are third-party or independent candidates who could negotiate with electors before they vote.
Many see the apportioning of the electoral college votes by states as a basic flaw, because it gives each of the smaller states at least three electoral votes, even though on a straight population basis some might be entitled to only one or two.
Critics of the system also argue that the possibility that an election could be thrown into the House of Representatives is undemocratic. In such a case each state has a single vote, which gives the sparsely populated or small states equal weight with more populous states such as California or New York. The two occasions when it occurred (1800 and 1824) were marked by charges of "deals" and "corrupt bargains." In any event, giving each state one vote in the House of Representatives regardless of the number of people represented is not consistent with the widely accepted concept of one-person-one-vote. Also, one vote per state in the House of Representatives may not necessarily result in a choice that replicates the electoral vote winner in that state in November.
Those who argue in favor of retaining the present system state that there is too much uncertainty over whether any other method would be an improvement. They point out that many of the complaints about the electoral college apply just as well to the Senate and, to some extent, to the House. They fear that reform could lead to the dismantling of the federal system.
Another argument made by defenders of the electoral college is that the present method serves American democracy well by fostering a two-party system and thwarting the rise of splinter parties such as those that have plagued many European democracies. The winner-take-all system means that minor parties get few electoral votes and that a president who is the choice of the nation as a whole emerges. In the present system, splinter groups could not easily throw an election into the House. Supporters feel strongly that if the electors fail to agree on a majority president, it is in keeping with the federal system that the House of Representatives, voting as states, makes the selection.
Supporters also argue that the electoral college system democratically reflects population centers by giving urban areas electoral power; that is where the most votes are. Thus together, urban states come close to marshaling the requisite number of electoral votes to elect a president.
A final argument is that for the most part, the electoral college system has worked. No election in this century has been decided in the House of Representatives. Further, the winner's margin of votes is usually enhanced in the electoral vote-a mathematical happening that can make the winner in a divisive and close election seem to have won more popular support than he actually did. This is thought to aid the healing of election scars and help the new president in governing.
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Proposals for Change
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Discontent with the system was stimulated in the 1960s by the Wallace third-party movement and in 1980 by John Anderson's initially strong showing as an independent candidate with nationwide appeal. Also, the Supreme Court's one-person-one-vote ruling on legislative districts underscored the importance of equitable distribution of votes. A number of proposals for altering the way the president and the vice president are elected have been made. Most would require a constitutional amendment, though states can on their own change their state laws governing the way they choose electors.
One set of proposals looks toward keeping the electoral college but eliminating its winner-take-all features. This shift could be brought about by choosing most electors on a congressional district basis, with only two electors per state chosen statewide. A 1969 Maine law provides for this method, and similar legislation has been considered in several other states. Alternatively, the office of elector could be eliminated and the electoral votes of a state simply assigned to candidates on the basis of the popular vote each receives. Constitutional amendments to that effect have been introduced in Congress but none has passed. These changes might eliminate some distortion of the popular vote, but they would not answer the complaint that the people do not elect the president directly.
Former Senator Birch Bayh repeatedly introduced a constitutional amendment providing for direct election of the president and the vice president. Under the Bayh plan, candidates for president and vice president would be required to run together in each state and the District of Columbia, and voters would make their choices directly, without any intervening slate of electors. If the candidate team with the most votes received at least 40 percent of the nationwide popular vote, that pair would be declared elected; if no pair received that amount there would be a runoff election between the two top pairs.
Direct election of the president along the lines of the Bayh plan would effectively bring the one-person, one-vote principle to presidential elections. Its advocates claim that direct election would help the two-party system. Any dangers to the federal system, they argue, would be more than outweighed by the right of all the people of the United States to choose their two top elected officials directly. Opponents of direct election hold that this particular plan for change might necessitate the holding of two elections because of the runoff provision, thus making the presidential election process even more costly and drawn out than it is already. Following the defeat of the proposed amendment by the Senate in 1979, no further significant effort has been made to revive the plan.
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Notes
An "elector" is simply a person who elects someone else. The term college refers to a decision-making group such as the College of Cardinals, which elects the pope.[RETURN TO TEXT]
For comprehensive discussions of the development and operations of the electoral college system--its pros and cons and possible reforms--see League of Women Voters of the United States, Who Should Elect the President?; Joseph Gorman, Elections: Electoral College Reform; and Lawrence D. Longley and Alan G. Brown, The Politics of the Electoral College. [RETURN TO TEXT]
In 1876, the House decided which of two disputed sets of electoral votes to accept from certain southern states. [RETURN TO TEXT]
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Electors in these States are not bound by State Law to cast their vote for a specific candidate: 2000 Election numbers.
ARIZONA - 8 Electoral Votes
ARKANSAS - 6 Electoral Votes
DELAWARE - 3 Electoral Votes
GEORGIA - 13 Electoral Votes
IDAHO - 4 Electoral Votes
ILLINOIS - 22 Electoral Votes
INDIANA - 12 Electoral Votes
IOWA - 7 Electoral Votes
KANSAS - 6 Electoral Votes
KENTUCKY - 8 Electoral Votes
LOUISIANA - 9 Electoral Votes
MINNESOTA - 10 Electoral Votes
MISSOURI - 11 Electoral Votes
NEW HAMPSHIRE - 4 Electoral Votes
NEW JERSEY - 15 Electoral Votes
NEW YORK - 33 Electoral Votes
NORTH DAKOTA - 3 Electoral Votes
PENNSYLVANIA - 23 Electoral Votes
RHODE ISLAND - 4 Electoral Votes
SOUTH DAKOTA - 3 Electoral Votes
TENNESSEE - 11 Electoral Votes
TEXAS - 32 Electoral Votes
UTAH - 5 Electoral Votes
WEST VIRGINIA - 5 Electoral Votes
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House of Representatives Committee on the Judiciary
Subcommittee on the Constitution
Subcommittee Hearing on "Proposals for Electoral College Reform: H.J. Res. 28 and H.J. Res. 43"
September 4, 1997
2237 Rayburn House Office Building
10:00 a.m.
Testimony of Becky Cain
President, League of Women Voters
Mr. Chairman, members of the subcommittee, I am Becky Cain, president of the League of Women Voters of the United States.
I am pleased to be here today to express the League's support for a constitutional amendment to abolish the electoral college and establish the direct election of the President and Vice President of the United States by popular vote of the American people.
The League of Women Voters of the United States is a non-partisan citizen organization with 150,000 members and supporters in all fifty states, the District of Columbia and the Virgin Islands. For over 75 years, Leagues across the country have worked to educate the electorate, register voters and make government at all levels more accessible and responsive to the average citizen.
Since 1970, the League has supported an amendment to the Constitution that would abolish the electoral college and establish a direct, popular vote for the President and Vice President of the United States. The League arrived at this position through its time-honored study and consensus process. Leagues in over 1,000 communities across the country participated in the study and came to the same conclusion: our method of electing a President must be changed to ensure a more representative government.
Political developments since the 1970s have only underscored the need for the elimination of the electoral college system. The downward trend in voter participation, coupled with increased cynicism and skepticism amongst the public about the ability of elected leaders to provide meaningful representation are the warning signs of a potential electoral fiasco.
Picture if you will a future national election in which a presidential candidate receives a majority of the popular vote, but is denied the 270 votes necessary for election by the electoral college. This has already happened once in our nation's history, when, in 1888, Grover Cleveland out-polled Benjamin Harrison in the popular vote but lost the electoral college vote by 233 to 168. It caused a public furor then, when political office was often gained through back-room deals and closed-door maneuvering. Imagine the public outcry today, after a long primary campaign and a grueling race for the Presidency. Imagine the public's rage at being denied their candidate of choice.
Now go one step further. Consider a close three-way race for President in which no candidate earns the necessary electoral college votes to win. This has happened twice before in our nation's history, in 1801 and 1825, when the House of Representatives chose Thomas Jefferson and John Quincy Adams, respectively. While the League believes both of these men were great presidents, we are troubled about the potential for a future presidential candidate with the highest number of popular votes to lose the election in a House of Representatives dominated by one or another political party.
In the twentieth century, we have only narrowly avoided a series of constitutional crises in which the electoral college could have over-ruled the popular vote.
In the 1916 presidential election, a shift of only 2,000 votes in California would have given Charles Evans Hughes the necessary electoral votes to defeat Woodrow Wilson, despite Wilson's half-million vote nationwide plurality.
In 1948, a shift of only 30,000 votes in three states would have delivered the White House to Governor Dewey, in spite of the fact that he trailed President Truman by some 2.1 million popular votes.
In 1960, a shift of only 13,000 votes in five states (5,000 in Illinois, 5,000 in Missouri, 1,200 in New Mexico, 1,300 in Nevada and 200 in Hawaii) would have made Richard Nixon president.
In 1968, a shift of 42,000 votes in three states (Alaska, Missouri and New Jersey) would have denied Nixon an electoral college victory and thrown the election into the House of Representatives.
In 1976, a shift of only 9,300 votes (5,600 from Ohio and 3,700 from Hawaii) would have elected Gerald Ford, even though he trailed Jimmy Carter in the popular vote by 1.6 million ballots.
Apart from the public outcry that would be caused by a circumvention of the popular will, there are a number of other serious flaws in the electoral college system.
The electoral college system is fundamentally unfair to voters. In a nation where voting rights are grounded in the one person, one vote principle, the electoral college is a hopeless anachronism.
The current system is unfair for two reasons.
First, a citizen's individual vote has more weight if he or she lives in a state with a small population than if that citizen lives in a state with a large population.
For example, each electoral vote in Alaska is equivalent to approximately 112,000 people. Each electoral vote in New York is equivalent to approximately 404,000 eligible people (based on 1990 census data). And that's if everyone votes!
The system is also unfair because a citizen's individual vote has more weight if the percentage of voter participation in the state is low. For example, if only half of all people in Alaska vote, then each electoral vote is equivalent to roughly 56,000 people.
Moreover, the electoral vote does not reflect the volume of voter participation within a state. If only a few voters go to the polls, all the electoral votes of the state are still cast.
Finally, the electoral college system is flawed because the constitution does not bind presidential electors to vote for the candidates to whom they have been pledged. For example, in 1948, 1960 and 1976, individual electors pledged to the top two vote getters cast their votes for third place finishers and also-rans. Defecting electors in a close race could cause a crisis of confidence in our electoral system.
For all these reasons, the League believes that the presidential election method should incorporate the one-person, one-vote principle. The President should be directly elected by the people he or she will represent, just as the other federally elected officials are in this country. Direct election is the most representative system. It is the only system that guarantees the President will have received the most popular votes. It also encourages voter participation by giving voters a direct and equal role in the election of the President.
Of course, a direct popular vote does not preclude the possibility of a close three-way race in which no candidate receives a majority, or even a plurality, of the votes. The League believes that if no candidate receives more than 40 percent of the popular vote, then a national run-off election should be held.
Until there is a constitutional amendment to abolish the electoral college, the League supports the early establishment of clear rules and procedures for the House and Senate to handle their responsibilities in electing the President and Vice President if there is no majority vote in the electoral college.
Procedures should be established to avoid the last-minute partisan wrangling that would inevitably take place. In addition, we believe any congressional vote for President must take place in full public view, with individual representative's votes entered into the Congressional Record.
When the constitution was first written, our nation was a vastly different kind of democracy than it is today. Only white, male property owners could vote. The 15th Amendment gave black men the right to vote. The 17th Amendment provided for direct popular election of the Senate. The 19th Amendment gave women the vote. The 26th Amendment established the right of citizens 18 years of age and older to vote.
The time has come to take the next step to ensure a broad-based, representative democracy. Fairness argues for it. Retaining the fragile faith of American voters in our representative system demands it. We urge the House and the Senate to pass a constitutional amendment abolishing the electoral college system and establishing the direct popular election of our President and Vice President.
Thank you.
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Well, the electoral college reform was obviously not successful. We still have the albatross hanging from our necks!
I'm still confused about the electoral college and the 2000 election. Anyone care to enlighten me and review that? Katherine Harris, right? shatoga?
More info: http://www.electionreform.org/ERMain/priorities/ec/default.htm
quote:
Election 2000 made it overwhelmingly clear that the process of electing the American President and Vice President is both outdated and ineffective. The candidate who received the highest number of votes was not elected president due to the votes of the Electoral College. While the Electoral College was originally created as a buffer between the people and the presidency, our system has outgrown the utility of the Electoral College. It is finally time for us to find a suitable solution to this problem.
I'll read on the above link and do some reviewing!
We do need some election reform in terms of parties, campaign funding, and electoral college reform! Why hasn't anything been done?
bc