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Delicious Ironies in California Electoral College Power Grab

By Steven Hill
Director, Political Reform Program
New America Foundation
California is used to power grabs, as are other states of electoral significance, like Ohio and Florida. Those three large states are big political prizes, so in recent years all have seen partisan attempts at redistricting reform, with the goal of winning more legislative seats for their party.
Now in California comes the latest power grab, an attempt to manipulate the Electoral College vote to help the Republican candidate for president.
GOP-connected backers are seeking to pass a ballot proposition that will award one electoral vote for each congressional district won by presidential candidates, instead of giving 100% of electoral votes to the candidate that wins the statewide popular vote. Such an audacious move would effectively divide and conquer the grandest Democratic prize in the presidential sweepstakes, California's 55 electoral votes.
Instead of winning all 55 electoral votes, the Democratic candidate would win perhaps 30 electoral votes and the GOP candidate would win the other 20 votes. Democratic leaders believe the loss of those 20 electoral votes would throw the 2008 presidential election to the GOP nominee, and unsurprisingly are mobilizing to defeat it.
But there are several delicious ironies inherent in this latest bout of partisan sparring. First, it must be noted that Democratic allies tried a similar stunt in Colorado for the 2004 presidential election. There, a ballot measure was defeated that would have resulted in Colorado dividing its electoral vote in 2004, 5 votes for George W. Bush and four votes for John Kerry, instead of giving all nine to the statewide winner, President Bush. In a close presidential race like the one in 2000, that would have changed the outcome of the election.
But the second irony is that, besides both sides trying to manipulate the rules, both also have been willing to toss voters overboard in their relentless drive to win. There is an implicit assumption in Democratic arguments against the GOP's ballot measure that the Golden State belongs to the Democrats, that the Democrats own the Electoral College votes in California just as they own them in New York or Illinois, and just as the Republicans own the electoral votes in Texas and Georgia.
That's what our "winner-take-all by state" method has led to: a sense of entitlement on the part of both political parties, where each state's electoral votes are viewed as divinely locked up for one party or another, however much voters are disenfranchised. Any attempt to upset this formula is regarded as a crossing of the hazy lines that define the rules of political warfare.
But the ramifications are severe. It means we do not hold a national election for president, but instead one composed of 50 individual states plus the District of Columbia, with most states considered safe one-party fiefdoms. By election day, both the 2000 and 2004 presidential elections came down to only two battleground states -- Florida and Ohio. All the voters who lived in the other locked-up states mostly watched those elections as if they were spectators sitting in the 42nd row. And it appears the 2008 presidential election also will boil down to Florida and Ohio -- unless something like the GOP ballot measure in California intervenes in this cozy game.
The unasked question is: what took the GOP so long to try this kind of gambit? The big story here is not simply one of a GOP power grab but that, given the internal illogic of our antiquated 18th century Electoral College system, it makes complete sense for them to do this. Just as it makes sense for the Democrats to try and carve up Texas or North Carolina, the latter a state that has gone Republican in every presidential election since 1976 and where recently the Democratic-controlled legislature introduced a bill for congressional allocation.
It's the game itself that is broken, not the players. The GOP effort in California is the presidential equivalent of trying to rig legislative district lines through gerrymandering. It makes good partisan sense, even as it undermines democracy. Our deeply flawed Electoral College method has reached its end game.
What, then, would be a better way of electing our president? The answer is simple: a national direct election where a winner must have majority support. We don't need a constitutional amendment abolishing the Electoral College to accomplish this. Instead, the U.S. Constitution allows states to pass a law agreeing to give 100% of its electoral votes to the winner of the national popular vote. Once enough states with an aggregate majority of electoral votes have passed this law, it would go into effect and we would have a de facto national popular vote for president.
Already Maryland has passed this law, and led by its proponents at NationalPopularVote.com, bills to this effect have been introduced in over 40 states. Approximately 23 states will need to pass this law for it to work, depending on the states.
Which brings us to the third delicious irony. Governor Arnold Schwarzenegger vetoed California's version of this law last year when he laid aside his "we the people" populism in favor of partisanship. But he will have another chance this year and he should sign the bill. It's time to bring our presidential election method into the 21st century, and make voters, no matter where they live, feel like their vote for president counts for something.
Steven Hill is the Director of the Political Reform Program of the New America Foundation and author of the recently published "Ten Steps to Repair American Democracy" (PoliPoint Press, May 2006, www.10steps.net).
For more information, visit the websites of New America’s political reform program, and FairVote.
Comments
election by popular vote could end up as hairy--or hairier than election by the current electoral college system. Either way, the idea that a state would give it's electoral votes to the popular candidate regardless of the way the citizens of that state voted is just disgusting.
Posted by: Sunny at August 24, 2007 03:00 PM
I'm curious about the constitutionality of any ballot initiative that appoints electors, regardless of how. That's supposed to be the decision of the legislature
I think the reason it took the GOP this long to dream up the idea is that it is so craven in concept, so blatantly unfair and inequitable, that even the right-wing operatives in the Republican Party didn't have the audacity to suggest it-- until they got desperate.
It's kind of on the level of kidnapping the opposing candidate's mother in order to enforce concessions. Is that kind of thing going to be next for them? How far will they go to win?
Posted by: Jim Carlile at August 25, 2007 01:26 AM
THE REFORM OF THE Electoral College that preserves the Electoral College’s intent, but distributes the votes in a more democratic fashion strengthens the American system of government, helping the large and small states equally. It is constitutional, democratic AND IT IS FAIR.
Posted by: Tony Andrade at August 28, 2007 03:28 PM
"The U.S. Constitution prohibits a ballot measure that would trump a state legislature's chosen method of appointing electors. In Article II, Section 1, the Constitution declares that electors shall be appointed by states 'in such manner as the Legislature thereof may direct.' That's legislature. California's could scrap its current winner-take-all approach and adopt a district-by-district system for allocating electors (as only Maine and Nebraska currently do). But the voters—whom the initiative supporters have turned to because they don't have the support of the Democratic-controlled legislature—cannot do this on their own." From Slate By Doug Kendall Posted Thursday, Sept. 13, 2007, at 7:34 AM ET
Posted by: Robert at September 19, 2007 06:27 PM
Let see if I have this correct. Presently the rest of the states in the union reward all of their state electoral votes to one candidate. But California should divide its electoral votes up. The reason for doing this is the present system inequitable and unfair. My question is what select group of wealth white men feel the present system is unfair? Sound like we just have some soar losers trying to change the rules of the game!
Posted by: John Smith at September 19, 2007 10:37 PM
The last statewide vote for governor in the State of Washington shows me that taking a popular vote nationwide is doomed from the start. In the 2004 Washington vote, there was documented evidence of dead people voting, absentee ballots mailed out later than the mandated date thereby disallowing some voters the right to even vote, votes by convicted felons that were officially counted which is against state law, more votes counted than registered voters in some precincts, legal votes just plain not counted at all, etc. This from a state that is ranked 14th in population. How do you think the popular vote is manipulated in the 13 states that have a larger population? When the stakes are even higher in the Presidential election, how can we insure that the "popular" vote is not manipulated as badly, if not worse, as the Electorial vote is today?
Posted by: Eric Hermanson at October 21, 2007 01:22 PM
I think you need to look at this from another perspective: as a Northern Californian, I have experienced the apathy that comes from knowing that your vote doesn't matter, and that your voice won't be heard because you have two very liberal cities making all the decisions for your state. If this initiative were to pass, I can almost guarantee that the amount of people voting in California would increase--on both sides of the aisle! As a political scientist, I have studied the trend of voter apathy in this state, and I truly feel that should the electoral votes be more evenly split, more Californians would be likely to vote because they would feel like their vote matters. I honestly do not see it as beneficial to one party--but rather beneficial to the entire state in encouraging our citizens to take part in the political process.
Posted by: Lesa at November 29, 2007 02:39 PM
This proposition is the only way to force cannidates of all parties to stop fund raising here and start campaigning here. I wonder how this is going to be denounced by the democratic party that hates the electorial college any way. This is more popular vote based without destroying the the original intent of the electorial college.
Posted by: Scott Burch at January 22, 2008 10:55 PM
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