A proposal is making the rounds that would fundamentally change the political process in this country and create a significant shift in power in our Presidential elections.
As most of us should know, we do not have a system for the direct election of the President. When you cast your ballot on election day, you are choosing a slate of Electors from your state who will cast their ballot in December in the Electoral College. The votes are then collected and counted in Congress in January when we find out who is really elected as the new President.
In 48 of the 50 States, the Electoral votes of the state are given to the winner of the Presidential voting in that state – winner take all in each State. There are two States (Maine and Nebraska) that apportion their votes according to the popular vote in their State. (actually by the vote in each Congressional District with 2 Electors being elected statewide). Also the District of Columbia is now represented in the Electoral College.
So, according to our Constitution, our President is elected in a process involving 50 individual State elections (plus the federal District). So what is the problem. First, it is possible for the winner of the national popular vote to not be the winner of the Electoral College Process – as seen in Al Gore’s loss to President Bush in 2000. Second, it is in theory possible for the Electors to ignore the results of their State elections and reach a different conclusion than expected. This has not occurred in our history to my knowledge. Third, it is argued that the dominance of political parties was not a feature of the original Constitution and the process no longer produces the result expected by the people.
There are proposals to eliminate the Electoral College – but none have so far been passed by Congress to be submitted to the States to amend the Constitution. A new tactic, much more clever and insidious, is to have the individual State legislatures pass local legislation apportioning their State’s Electoral votes according to the result of the national popular vote – effectively eliminating the current Electoral College system without amending the Constitution.
I strongly disagree with these proposals and speak in favor of the Electoral College for the election of the American President. The traditions of our Federal system call for majority rule with protection for minority rights. Nowhere is this seen more clearly than the Electoral College process.
If the election of the President were just a popular vote contest at the national level, the larger States and the larger media markets would dominate the election, the selection of the President, the media coverage and the campaign process. The candidates would appear in the less than a dozen biggest media markets and the rest of the country (and by the way that includes the red states) would be ignored.
The Electoral College system provides the smaller States with representation and involvement in the process of electing the President.
If you look at the red/blue state maps you will see who controls the large urban centers of population – and you will see who is pushing for these reforms and why. Changing the rules of 220 years standing would strongly favor one political party over the other and would result in a significant shift in political power in this country.
The representation and involvement of the small States provides a unique opportunity for candidates to engage in “retail politics” at the grass roots level and to have impact. Governor Huckabee greatly influenced the Republican nominating process with a shoestring budget by playing to the crowds in the smaller states without the big budget media campaigns of the other candidates. If you eliminate the Electoral College, small state influence would vanish – Iowa and New Hampshire would be meaningless and our system would be forever changed - and not for the better, in my view. President Elect Obama defeated Senator Clinton largely on a strategy which focused on the small caucus states to remain competitive in the early going while Clinton targeted the larger media driven states. These small state activities are a part of our political fabric and their loss would be to forever change the political landscape.
The concepts of State’s rights had deteriorated in many ways for 200 years. This is not a healthy trend. To me the suggestion that a State should apportion its Electoral votes according to the result of another election held outside of its borders seems fundamentally unrepresentative.
That’s my story and I am sticking to it. An citizen editorial appeared in the Lakeland Ledger this morning (a local paper owned by the NYT) which presented the counter arguments and triggered my rant. In fairness, I quote it below. I am not able to credit the author by name as the Ledger uses usernames in their forum sections.
Florida will soon give 100 percent of its support to the presidency of Barack Obama.
Obama, in contrast, won 53 percent of the popular votes cast across the United States, compared with McCain's 46 percent - a decisive victory, but a margin that will be exaggerated if the Electoral College votes, as expected, 365-173. That would give Obama 68 percent of the electoral votes.
WHAT'S THE WORRY? Americans might ask, if candidates know (and rank-and-file voters should know) that the presidential election will ultimately be decided by the Electoral College, rather than the nationwide popular vote, why worry?
The winner-take-all approach isn't a constitutional requirement. The Constitution delegates to the states the authority to allocate their electoral votes: Florida and 26 other states use law and/or party pledges to require presidential electors to award all their votes to the winner of the popular vote; 22 other states use various means to direct electors in similar fashion. (The Office of the Federal Register reports that, throughout national history, more than 99 percent of electors have voted as pledged.)
The Constitution's framers envisioned that "presidential electors" would deliberate over the choice of the president, but the winner-take-all concept pre-empts the possibility of deliberations.
The nation would be better served if the Constitution were amended to eliminate the use of "electors" - chosen and directed by states - in favor of a simple system that results in the election of a president based on the nationwide popular vote.
This is not a radical concept: U.S. senators and representatives, governors and legislators are elected by direct vote of the people.
CONSTITUTIONAL AMENDMENT Amending the Constitution requires the approval of three-quarters of the states, thus, it's an arduous process and unlikely to occur soon.
In the likely event that the Electoral College remains intact, state legislators could and should eliminate winner-take-all laws, pledges or practices. The most compelling and practical alternative is promoted by a bipartisan group called National Popular Vote. The NPV proposal calls for state legislatures to pass bills committing them to awarding presidential electors based on the outcome of nationwide voting. (See Link for more information.)
The most recent presidential election showed again that the overwhelming majority of Americans registered to vote are intensely interested in casting a ballot in the presidential race. We hope they will someday become more focused on whether or not their vote matters when the Electoral College convenes.


