Why the Electoral College?
by P. Andrew Sandlin
In this atmosphere, the Founders were concerned that a popular regional candidate in a populous area may be able to garner enough votes to win the election, particularly if several other candidates divided the balance of the vote. This regionally popular first candidate would not likely have the interests of the entire number of states – the nation itself – at heart. If a candidate needed to win only the popular vote, it would possible for him to be elected President without winning a majority of anything. He would not have been elected on the basis of any sort of consensus of the states, but simply on his popularity in a particular state or in two or three heavily populated areas.
Article 2 of the Constitution and its 12th Amendment stipulate that the President is chosen by electors, who are themselves chosen by the state, "in such manner as the legislature thereof may direct Â… equal to the whole number of Senators and Representatives to which the State may be entitled in the Congress." This arrangement obliges candidates to make a much wider appeal than they would if they simply were required to win the popular national election.
The electoral college is a bulwark of statesÂ’ rights yet, perhaps paradoxically, it also tends to foster the cohesiveness of the entire nation. It makes it difficult for more populous urban states, or states with larger populations, like New York, Florida, and California, to gain an unfair advantage over less urban and populous states like North Dakota, Wyoming, and Montana.
To eliminate the electoral college would be essentially to eliminate the role of states in presidential elections. It would comprehensively nationalize the selection and insinuate that states as such have no interest in national presidential politics. For all practical purposes, it would remove the borders between states and transform the United States of America into the united people of America.
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The current state-by-state winner-take-all method of awarding electoral votes (not mentioned in the U.S. Constitution, but since enacted by 48 states), ensures that the candidates, after the primaries, will not reach out to about 76% of the states and their voters. Candidates have no reason to poll, visit, advertise, organize, campaign, or care about the voter concerns in the dozens of states where they are safely ahead or hopelessly behind.
Presidential candidates concentrate their attention on only the current handful of closely divided "battleground" states and their voters. There is no incentive for them to bother to care about the majority of states where they are hopelessly behind or safely ahead to win. 9 of the original 13 states are considered “fly-over” now. In the 2012 election, pundits and campaign operatives agree already, that, at most, only 12 states and their voters will matter. They will decide the election. None of the 10 most rural states will matter, as usual. About 76% of the country will be ignored --including 19 of the 22 lowest population and medium-small states, and 17 medium and big states like CA, GA, NY, and TX. This will be more obscene than the 2008 campaign, when candidates concentrated over 2/3rds of their campaign events and ad money in just 6 states, and 98% in just 15 states (CO, FL, IN, IA, MI, MN, MO, NV, NH, NM, NC, OH, PA, VA, and WI). Over half (57%) of the events were in just 4 states (OH, FL, PA, and VA). In 2004, candidates concentrated over 2/3rds of their money and campaign visits in 5 states; over 80% in 9 states; and over 99% of their money in 16 states.
More than 2/3rds of the states and people have been merely spectators to presidential elections. They have no influence. That's more than 85 million voters ignored. When and where voters are ignored, then so are the issues they care about most.
Policies important to the citizens of ‘flyover’ states are not as highly prioritized as policies important to ‘battleground’ states when it comes to governing.
The number and population of battleground states is shrinking as the U.S. population grows.
Because of the state-by-state winner-take-all electoral votes laws in 48 states, a candidate can win the Presidency without winning the most popular votes nationwide. This has occurred in 4 of the nation's 56 (1 in 14 = 7%) presidential elections. The precariousness of the current state-by-state winner-take-all system is highlighted by the fact that a shift of a few thousand voters in one or two states would have elected the second-place candidate in 4 of the 13 presidential elections since World War II. Near misses are now frequently common. There have been 6 consecutive non-landslide presidential elections (1988, 1992, 1996, 2000, 2004, and 2008). A shift of 60,000 voters in Ohio in 2004 would have defeated President Bush despite his nationwide lead of over 3 million votes.
With the current state-by-state winner-take-all system of awarding electoral votes, it could only take winning a bare plurality of popular votes in the 11 most populous states, containing 56% of the population of the United States, for a candidate to win the Presidency -- that is, a mere 26% of the nation's votes.
With the Electoral College, and federalism, the Founding Fathers meant to empower the states to pursue their own interest within the confines of the Constitution. The National Popular Vote is an exercise of that power, not an attack upon it.
The Electoral College is now the set of dedicated party activists who vote as rubberstamps for presidential candidates.
The National Popular Vote bill preserves the Electoral College and state control of elections. It changes the way electoral votes are awarded in the Electoral College. It assures that every vote is equal, every voter will matter, in every state, in every presidential election, and the candidate with the most votes wins, as in virtually every other election in the country.
Under National Popular Vote, every vote, everywhere, would be politically relevant and equal in every presidential election. Every vote would be included in the state counts and national count. The candidate with the most popular votes in all 50 states and DC would get the 270+ electoral votes from the enacting states. That majority of electoral votes guarantees the candidate with the most popular votes in all 50 states and DC wins the presidency.
National Popular Vote would give a voice to the minority party voters in each state. Now their votes are counted only for the candidate they did not vote for. Now they don't matter to their candidate.
And votes, beyond the one needed to get the most votes in the state, for winning candidates in a state are wasted and don't matter to candidates. Utah (5 electoral votes) alone generated a margin of 385,000 "wasted" votes for Bush in 2004. 8 small western states, with less than a third of CaliforniaÂ’s population, provided Bush with a bigger margin (1,283,076) than California provided Kerry (1,235,659).
With National Popular Vote, every vote, everywhere would be counted equally for, and directly assist, the candidate for whom it was cast.
Candidates would need to care about voters across the nation, not just undecided voters in the current handful of swing states. The political reality would be that when every vote is equal, the campaign must be run in every part of the country.
States have the responsibility and power to make all of their voters relevant in every presidential election and beyond.
Federalism concerns the allocation of power between state governments and the national government. The National Popular Vote bill concerns how votes are tallied, not how much power state governments possess relative to the national government. The powers of state governments are neither increased nor decreased based on whether presidential electors are selected along the state boundary lines, or national lines (as with the National Popular Vote).