Thursday, March 21, 2019

Arguing for one person one vote

[Earlier this year] Jared Polis, the governor of Colorado, said he would sign a bill to join the National Popular Vote interstate compact, whose members have pledged to give their electoral votes to the winner of the national popular vote. The Maine Legislature, likewise, is mulling membership and will hold hearings to discuss the issue.

Attacking those lawmakers, Paul LePage, the former governor of Maine — who still calls into conservative radio shows from his retirement home in Florida — dismissed the proposal as an attack on the political rights of white people. “Actually what would happen if they do what they say they’re going to do is white people will not have anything to say,” he said. “It’s only going to be the minorities that would elect. It would be California, Texas, Florida.”

That is racist nonsense. The history of the Electoral College [...] is of Americans working around the institution, grafting majoritarian norms and procedures onto the political process and hoping, every four years, for a sensible outcome. And on an almost regular schedule, it has done just the opposite. The presidency went to the popular-vote loser in 1824 (John Quincy Adams; his opponent, Andrew Jackson, also won the most electoral votes), 1876 and 1888. In the 20th century, Americans had close calls in the elections of 1948, 1960, 1968 and 1976, with near splits in the popular and electoral vote. Despite winning the popular vote in six of the past seven presidential elections, Democrats have held the presidency for only four of those terms, under Bill Clinton and Barack Obama.

[...]

The 2020 election could be the third time in six elections that the White House went to the loser of the popular vote.

That is why Electoral College reform deserves a prominent place in the national conversation, especially as the Democratic Party champions a host of pro-democracy reforms, such as public financing of elections and an end to gerrymandering.

[...]

Of course, there are not enough votes in Congress or the states to pass and ratify an amendment abolishing the Electoral College. Beyond partisan politics — Republicans currently benefit from its distortions — there’s sentimental attachment to the institution, tied to popular mythology about the Constitution.

[...]

The Electoral College was actually a workaround meant to satisfy a divided Constitutional Convention at the cost of actual functionality.

[...]

The Electoral College routinely threatens or produces perverse outcomes, where the will of the voters is thwarted by an ill-considered 18th-century electoral device. It has no place in a democracy that strives for a standard of “one person, one vote.” And most Americans still don’t like it. In a 2018 survey from the Public Religion Research Institute, 65 percent said presidents should be elected by popular vote.

  NYT
The Republicans want to keep the electoral college because they would have lost both George W Bush and Donald Trump. And I suspect they'll start very loudly dog whistling Paul LePage talking points about the loss of white power if we get rid of the electoral college. 
“The desire to abolish the Electoral College is driven by the idea Democrats want rural America to go away politically,” Senator Lindsey Graham of South Carolina said on Twitter. His colleague Marco Rubio posted a similar note, calling the Electoral College a “work of genius” that “requires candidates for president to earn votes from various parts of country. And it makes sure interests of less populated areas aren’t ignored at the expense of densely populated areas.”

[...]

But those claims — that the Electoral College ensures rural representation, that its counter-majoritarian outcomes reflect the intentions of the framers and that it keeps large states from dominating small ones — don’t follow from the facts and are rooted more in folk civics than in how the system plays out in reality.

[...]

Whatever its potential merits, it is a plainly undemocratic institution. It undermines the principle of “one person, one vote,” affirmed in 1964 by the Supreme Court in Reynolds v. Sims — a key part of the civil and voting rights revolution of that decade. It produces recurring political crises. And it threatens to delegitimize the entire political system by creating larger and larger splits between who wins the public and who wins the states.

[...]

Take rural representation. If you conceive of rural America as a set of states, the Electoral College does give voters in Iowa or Montana or Wyoming a sizable say in the selection of the president. If you conceive of it as a population of voters, on the other hand, the picture is different. Roughly 60 million Americans live in rural counties, and they aren’t all concentrated in “rural” states. Millions live in large and midsize states like California, New York, Illinois, Alabama and South Carolina.

[...]

Totaling the 2016 numbers, Sam Wang, a molecular biologist at Princeton who also runs a widely read election website, found that out of almost 400 campaign stops made after the conventions, neither Hillary Clinton nor Donald Trump made appearances in Arkansas, Oregon, Idaho, Wyoming, Montana, the Dakotas, Kansas, Oklahoma, Louisiana, Mississippi, New York, South Carolina, Tennessee, Kentucky, West Virginia or Vermont. It doesn’t matter that Trump won millions of votes in New Jersey or that Hillary Clinton won millions in Texas. If your state is reliably red or blue, you are ignored.

[...]

Totaling the 2016 numbers, Sam Wang, a molecular biologist at Princeton who also runs a widely read election website, found that out of almost 400 campaign stops made after the conventions, neither Hillary Clinton nor Donald Trump made appearances in Arkansas, Oregon, Idaho, Wyoming, Montana, the Dakotas, Kansas, Oklahoma, Louisiana, Mississippi, New York, South Carolina, Tennessee, Kentucky, West Virginia or Vermont. It doesn’t matter that Trump won millions of votes in New Jersey or that Hillary Clinton won millions in Texas. If your state is reliably red or blue, you are ignored.

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In the incredible event that a candidate won every ballot cast in those states, then yes, under a national popular vote, he or she could ignore the rest of the country and become president. But that isn’t politically possible. Even an attempt to “run up the score” and retreat to the largest cities isn’t viable — there just aren’t enough votes.

Compare that with what we have under the Electoral College, where hypothetically a bare majority in the 11 largest states is all it takes to win 270 electors and become president — an actual instance of big-state domination.

Beyond the numbers, it is a conceptual error to focus on states in a race for votes. Who wins Virginia has implications for down-ballot races for Congress, but it’s just a curiosity in the fight for the White House.

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As James Madison observed during the Constitutional Convention, the political interests of the states aren’t actually tied to size. Instead, whether states share interests will depend on shared conditions and connections.

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Voters in Milwaukee may have more in common with voters in Richmond, Va., than they do with those in Superior in the northwest of the state. A national campaign would probably follow suit, with candidates looking for connections between regions, cities and metropolitan areas versus a singular focus on a few states.

[...]

Beyond issues of representation, there are other practical problems with the status quo. When margins between candidates are large, the Electoral College aligns with the national popular vote. But narrow margins throw it into chaos. The 1968 presidential election nearly went to the House of Representatives; in 1976, if you move roughly 6,000 ballots from Jimmy Carter in Ohio and roughly 18,000 in Wisconsin and Gerald Ford becomes president despite losing by nearly 1.7 million votes.

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[T]he recurring prospect of a president elected with a minority of the vote inspired a major push to end the Electoral College beginning in the 1960s. In 1966, Senator Birch Bayh of Indiana — who died last week at 91 — introduced a constitutional amendment to elect the president by national popular vote. In 1968, Bayh spoke before a committee of Congress in support of his amendment. His words still resonate. In 1968, addressing a committee of Democrats in Indiana, Bayh urged fellow Democrats to support his proposal.

“We are living in a dangerous world where the stability of the United States of America is one of the most important things facing us,” he said. “When we have an Electoral College system which threatens to elect a man who has fewer votes than his opponent, we tend to erode the confidence in the people of this country and their president and in their form of government.”

James Michener, an author who served as a presidential elector in 1968, was even blunter. The Electoral College, he wrote, was a “time bomb lodged near the heart of the nation.” It still is.

  NYT
...but hey, do what you want...you will anyway.

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