Replacing the Electoral College

What is the Electoral College

The United States uses the Electoral College to elect its President.  Every state gets electoral votes equal to the number of its Congressional delegation – its two U.S. Senators plus its House members (State Chart).  The candidate winning the most electoral votes wins.  (Map)

States allocate their Electoral Votes using winner-take-all rules.  The candidate with a simple plurality of votes - one more vote than the second place candidate (not necessarily a majority) wins all that state’s electoral votes.  Two states, Maine and Nebraska do have provisions to split their Electoral Votes proportionately.
 

Where It's Used

Most all democracies elect their top leader through a presidential or parliamentary method that involves the whole country on a one person, one vote basis.

  • In presidential systems used widely in Latin America and around the globe, countries use a national popular vote to elect their president, as do all of our 50 states in their gubernatorial elections.  Most countries have with a runoff provision to ensure a majority winner.
  • In parliamentary systems popular in Europe or Asia American, the winning party or coalition chooses the leader.  Though indirect, it still is a “one person, one vote” type of election in which potential leaders are known and campaign ahead of time giving all the country’s voters a comparatively equal and a direct say in who wins.

** The legacy of the Electoral College is in large part because U.S. is by far the world’s oldest democracy, starting off in the late 1700’s more tentatively and with more compromises and restrictions.  The Electoral College was such a compromise like others probably never meant to last by the framers. More below.

 

Issues

  • The votes of most voters are diminished or sidelined.  The Electoral College prevents most voters from meaningful participation in the election of the President. Votes just count more if you live in a swing state.  Increasingly, many leave their home state to campaign for their favorite candidate before and on Election Day.
  • One Person, One Vote is violated. The Electoral College goes against democracy’s most fundamental promise – one person, one vote. The vote of a person living in one of the ten smallest states counts, on average, 60% more than the vote of a person in one of the ten largest states.
  • Safe states sure to go to one or other party and focus on “swing states” where the winner is in doubt. In 2000 and 2004 there were about thirteen swing states. In 2008, some project only nine battleground state where most of the campaign will unfold.
  • Party spending and public debate directed to a small population in swing states. In 2004, the two major parties spent well over 90% of their campaign money, time and resources in 15 battleground states in the six weeks leading up to the election.  Conversely, these candidates spent almost nothing for voter education or voter mobilization in the other 30+ states, where the parties considered the outcome to be  already decided.  Candidates target most resources to an even smaller subset of swing voters in the swing states.
  • Voter turnout is discouraged.  Voter turnout is consistently lower in non-swing states than in battleground states.  In 2004, for example, turnout was twelve points lower in the 35 less competitive states where the results were more lopsided and less money was spent by the major candidates, representing potentially millions of voters.
  • The swing states do not reflect the U.S. population as a whole.  In 2004 swing states were disproportionately non-Hispanic white in race.  This disparity has effectively recreated the same kind of racial exclusion that existed explicitly in original compromise of the Constitution, which was eliminated, in theory, by the 14th, 15th, and 16th Amendments. This trend is likely to continue.
  • The vote can conceivably be non-binding.  In some states, electors are not legally required to vote for the person who has won the majority of the state’s votes.  While failing to do so may be a rare occurrence, it’s another drawback of this compromised voting method.
  • The winner can win without a majority.  Most recently in 2000, George W. Bush was elected president of the United States while receiving more than 500,000 less than his main opponent( Sen. Al Gore).  This is the fourth time in U.S. history that the Electoral College has given the presidency to someone other than the winner of the popular vote  – an outcome that is difficult to cite as an sucessful example of the execution of modern democratic principles.
 
 

Replacing the Electoral College

The most common proposal to replace the Electoral College would be to allow the president to be elected by popular vote.  One way to do this is to amend the Constitution, a difficult process given the self-interest of some states whose residents have disproportional voting power or a perceived partisan advantage. 
 
However, there is another way to enact a national popular vote for president without formally amending the Constitution, known as the National Popular Vote Plan .
 
The National Popular Vote Plan proposes that states sign into law an agreement that they will give their electoral votes to the popular vote winner for the country at large. Once a majority of states have passed this law, the Plan will go into effect and the national popular vote will determine the winner of every presidential election that follows.
 
Another plan proposes that all 50 states allocate their electoral votes proportionally.  Still another solution is to award bonus electoral votes, by state or nationally, to the winner of the popular vote – to give candidates a stake in winning votes everywhere and goes further to assure the winner is the majority choice of all voters.
 
 

Additional Background

Was the Electoral College adopted to benefit “small states”?

No.  It was adopted primarily as a compromise between slaveholder states and free states made to preserve the unity of a fledgling nation.  Slaveholder states were smaller in population.  Also, a large part of its smaller population were black slaves counted in the census as three-fifths of a person.
 
Defenders of the College advance the idea of small states getting protection.  However, it is debatable whether the Electoral College really does help small states.  In any case, with one person, one vote as a bedrock principle of democracy, it is hard to justify that one person’s vote should count more another’s based on where they live - especially for a demographic that is already over-represented in the Senate.
 
 
What are the common principles underlying the move to a popular vote?
  • Uphold the principle of One Person, One Vote:  All votes count the same in the election for a national leader.
  • Encourage campaigning in all 50 states:  Campaigns need to spend time, money and resources in all the states.  Give every vote an opportunity to get excited about and involved in the election of their state.

(Note: The majority of small states like Idaho, Vermont, Wyoming or the Dakotas are now ignored would get more attention in a popular  vote election!  Almost half of campaign monies went to 3 big states in 2004 , Ohio, Pennsylvania and Florida).

  • Have a fair and transparent election method.  Hold the election for president in a way more readily understood by ourselves and the rest of the world looking to us as a model for democracy