The Electoral
College
Lead Editorial
Newsday
October 31, 2004
The Electoral College is a weird mechanism for choosing the
American president - as zany as a Marx Brothers movie, but not
funny. To paraphrase a Groucho song, "Hello, I Must Be
Going," it has outlived its original shaky rationale, and
it's time for it to go.
The need for reform has seldom been more apparent than it is right
now. In 2000, Al Gore, the Democrat, drew 500,000 more votes than
Republican George W. Bush, but Bush won the presidency by a
handful of electoral votes. Sadly, that outcome did not generate a
sustained call for scrapping the Electoral College. Post-chad
reform energy focused instead on technology. (To no avail: The
accuracy of voting systems is still a vexing issue.)
Now we may face a new mess. Sen. John Kerry (D-Mass.) could be the
popular-vote winner and the electoral-vote loser. It's not as
likely, but Bush could suffer the same fate. If the second
scenario occurs, one Democrat and one Republican will have fallen
victim to the Electoral College in consecutive elections. That
could ignite a bipartisan zeal for reform.
A third scenario could also create havoc. In Colorado, a ballot
initiative called Amendment 36 asks voters to change the way the
state allocates its electoral votes, effective in this election.
Instead of awarding all nine elec toral votes to the winner, it
would divide them proportionally. If Bush got 51 percent, for
example, he'd get five of Colorado's electoral votes, and Kerry
would get four.
The Constitution lets the states decide how to divide up electoral
votes. Early on, it became clear that winner-take-all gave states
more clout than the proportional approach. So, all but two states
now use winner-take-all. Maine and Nebraska have a proportional
system, based on congressional districts, unlike the strictly
proportional Colorado proposal.
In the short term, if Amendment 36 passes and the 2004 election
hinges on a few electoral votes, Colorado could become the
litigation capital of America.
In the long run, it could start a state- by-state movement. That's
risky: What if California were to go proportional, for example,
and Texas stayed winner-take-all? Going proportional, state by
state, opens a Pandora's box: nightmare visions of too many
elections deadlocked in the Electoral College and thrown into the
House of Representatives for decision.
But the preferable route, amending the Constitution itself, is
tough: The conventional wisdom is that small states, which get
unduly large influence from this system, would be reluctant to
ratify an amendment that abolishes it. A case can be made that the
college also gives large states too much clout, but it's not clear
that making that argument would persuade smaller states to go
along.
Step 1 to a solution
So, how do we get out of this mess? First, we acknowledge the
problem.
In Philadelphia in 1787, the framers had no real precedents for
deciding how to elect a president. Some said Congress should make
the choice, but that didn't fly. Others wanted direct popular
election. That raised two problems: The Southern states, with a
lot of slaves forbidden to vote, feared Northern states would
dominate. The killer objection was that voters in a sprawling,
decentralized nation couldn't know enough about nominees from
other states to choose national leaders. So they'd always pick
favorite sons.
That left the Electoral College. It gave each state two electoral
votes, for its two senators, and as many electoral votes as it had
members of the House, based on population, including the heinous
formula that slaves counted as three fifths of a person. So slave
states could benefit from their slaves without letting them vote.
It was a nasty compromise that the framers accepted, to get the
Constitution ratified.
Justifications have vanished
Slavery no longer exists, and mass communication lets people all
over the country learn about candidates from other regions. So two
prime reasons for the college have disappeared, and we are a very
different country now.
In fact, like a lemon leaving the auto dealership, the college
quickly became unworkable. The framers did not "distinguish
adequately between electing the president and electing the
vice-president" and had not foreseen a tie between the top
two candidates, wrote Robert Dahl, a revered Yale scholar, in
"How Democratic is the American Constitution?" Those
flaws emerged in the messy election of 1800, which produced the
presidency of Thomas Jefferson and led to the 12th Amendment.
The same election revealed another flaw: The framers had wrongly
hoped the college "would serve as an independent body free of
the supposed vices of popular election," Dahl wrote.
"Party politics - partisan politics, if you will - had
transformed the electors into party agents." In other words,
the college has been shaky from the start.
So, why keep it? One argument is that without it, no one would pay
attention to the states having only a few votes. Favoring small
states was a concession to get the Constitution ratified, but it
is now largely irrelevant. People vote their interests, not the
size of their states. Besides, the very small states don't need an
Electoral College. They still enjoy vast, undemocratic
over-representation because they have two U.S. senators, just like
the big states.
Another objection is that the college preserves the principle of
federalism. But federalism isn't about national elections. It's
about the division of duties between the states and the federal
government. That balance depends on executive, legislative and
judicial decisions, not on the method of election.
Finally, some fear that if a national popular vote brought about a
close result, it would lead to a nightmare national recount. But a
constitutional amendment adopting popular election could help
overcome that problem with strong language setting high national
standards for national elections. Besides, the risk of a recount
is trivial compared with a key benefit of popular election: more
voter participation.
One of the worst features of the Electoral College is
disenfranchisement. In any state, large or small, blue or red, if
one candidate is way ahead in the polls, there is little incentive
for voters to turn out: A candidate can win the state by one vote
or 1 million, and it won't matter at all in the other 49 Electoral
College contests around the nation.
This page has always deplored low voter turnouts. Making every
vote count equally, as the college does not, but as a national
popular election would do, is crucial to achieve higher turnouts.
People in New York would not have to get on buses and travel to
swing states such as Pennsylvania in order to volunteer and have a
real impact on the election, as many are doing this year. If every
vote in every state counts, people can get involved in their own
neighborhoods, knowing that a vote in New York is as crucial as
one in Philadelphia.
National voting = national cohesion
With a truly national election, candidates could focus on truly
national issues, instead of getting bogged down in tiny,
state-by-state concerns. And a real national election could erase
forever the divisive blue-state, red-state map and mentality. That
might actually help the nation work toward real unity.
Whatever the details of a constitutional amendment creating a
popular election - and we hope it will include some form of
runoff, so every president is elected by a majority, not just a
plurality - it's time to remove the Groucho factor, reverse the
framers' error and close the Electoral College. A great nation
deserves a voting system that counts every vote the same.
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