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Howard Steven Friedman

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The Anti-Democratic Electoral College

Posted: 08/05/2012 2:41 pm

America was once a world leader in democracy, with innovations like the Declaration of Independence and the Constitution with its Bill of Rights. While the early republic had major flaws, our nation was nonetheless an innovator in democracy at a time when monarchies ruled. Since that time, many nations have adopted the American principles of separation of powers in government but they have avoided many of the idiosyncrasies in the American system. Most modern democracies avoid our single-seat winner take-all-elections, using some form of proportional representation instead. No modern democracy has adopted the American system that denies citizens in their national capital the right to have a voting representative in Congress. For the purposes of this article, I will focus on the fact that no other country uses our anti-democratic Electoral College.

Often when I discuss the Electoral College with Americans who don't spend much time thinking about politics, they suggest, "it's been working for hundreds of years, so whatever problems it has are probably not so bad." This reflects a basic pattern in American society where we want the latest technology for our computers, televisions and cell phones but we complacently trudge along using archaic voting technology while ignoring the improvements that have occurred since the late 1700s. Defenders of the status quo start to perk up when I mention that the Electoral College makes it possible to capture the presidency by winning only eleven states and disregarding the rest of the country or that four times the presidential candidate that won the popular vote lost the election. When I remind them that no country uses the Electoral College model for electing a leader, they start wondering what aspects of the Electoral College are most problematic.

That is when I emphasize that, by design, the Electoral College fundamentally undermines the basic principle of one citizen-one vote mentioning democratic lowlights such as:

(1) States with smaller populations have far more representatives per population than states with larger populations. For example, residents of the three least-populated states -- Wyoming, Vermont, and North Dakota -- have one congressional representative for every 200,000 people, while those in the three states with the highest population -- California, Texas, and New York -- have only one congressional member for every 670,000 people. This representational inequality clearly gives citizens from small population states a much stronger voice per citizen than those residing in large states when it comes to electing the president (see graph).

2012-08-05-Pop_per_elector.png

(2) Forty-eight states allocate all of their Electors to one candidate (Maine and Nebraska use proportional representation). This state-level decision of how to allocate Electors produces the issue of swing-state distortion, where citizens in states that are relatively evenly split between the two parties have far more influence in selecting the president than citizens in states where a majority are clearly voting for one party. Moreover, citizens are often discouraged to vote in presidential elections if they know that the allocation of all of their state's electors is a foregone conclusion. Campaign activity exemplifies the implications of this all-or-nothing allocation issue and its egregious undermining of the principle of one citizen-one vote. Candidates rarely invest campaign funds in states that aren't "in play" -- i.e., states whose electoral votes are considered to be already won or lost based on large margins of victory in previous elections and on current polling. For example, in the 2008 presidential election, the campaign of then-candidate Barack Obama spent nearly $40 million on advertising in Pennsylvania, a swing state with twenty-one electoral votes, and about $25,000 in Illinois, with an equivalent number of electors. The Obama strategists knew that there was no reason to spend any time courting voters in his home state, Illinois, since he would clearly win the majority of Illinois's popular votes and all twenty-one of its electoral votes. Republican and third-party supporters in Illinois had no chance of having their voices heard and citizens living in Illinois were being told very clearly that they are much less important than those living in Pennsylvania.

(3) "Faithless" Electors: After all of the undermining of one citizen-one vote that we described above, there is still the issue that the Elector doesn't actually have to vote for whom they pledged. For example, in 2000, D.C. elector Barbara Lett-Simmons abstained rather than vote for Al Gore as she had pledged. Her feeble protest resulted in silencing the voices of thousands of D.C. residents.

Few Americans would contend today that if we were designing a system to elect a president from scratch, the Electoral College would be the optimal solution. Using the popular vote would be the most obvious choice and a majority of Americans support this change. it would be easy to implement since the popular vote is already counted and some variant of preferential voting could be introduced so that third-parties can have a stronger voice.

Yet, inertia is a powerful force and so I don't anticipate America discarding this system anytime soon. Until the time comes when America drops the Electoral College or there is sufficient support for the National Popular Vote Interstate Compact, all states should mirror the practice of Maine and Nebraska of allocating their electoral votes based on proportional representation. This corrects the current all-or-nothing system used in forty-eight of the fifty states and its resulting overweighting or underweighting of votes based on whether or not you live in a swing state. More importantly, it will force candidates to take the votes of every American seriously, not just that small percentage living in swing states. Unfortunately, self-interest often trumps what is most fair or appropriate. Consequently, it is unlikely that many other states will follow Maine and Nebraska's lead since proportional allocation diminishes the power of the majority party in the state and opens the opportunity for third parties to have a stronger voice (an action that leadership in both the Democratic and Republican parties wouldn't want).


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America was once a world leader in democracy, with innovations like the Declaration of Independence and the Constitution with its Bill of Rights. While the early republic had major flaws, our nation ...
America was once a world leader in democracy, with innovations like the Declaration of Independence and the Constitution with its Bill of Rights. While the early republic had major flaws, our nation ...
 
 
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dim
one in a can
04:41 AM on 08/12/2012
The bigger problem than the Electoral College is we have is a system specifically designed for the absense of political parties, whereas we have them. Primaries, caucases, circuses. Winner takes all by district gives us a two-party system. Only one step away from a one-party system.
12:54 AM on 08/12/2012
Our founding fathers were a bit wiser than the writer of this article, it would seem.

We are the United States of America, not the Republic of America. There is a key difference. And if the writer doesn't "get" that, it's not worth trying to explain it to him.
HUFFPOST SUPER USER
Fundamentals
09:21 PM on 08/11/2012
The electoral college was designed to be a bulwark against the populist excesses that might allow a plebiscite a napoleon to come to power. It was also designed to prevent the collusion of people in power at the center of a nation taking control by conspiracy. It was and remains an excellent political instrument to continue to prevent these excesses of politics.
12:58 AM on 08/12/2012
Well said. It is also because we are a nation of states, not a federal republic.
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dim
one in a can
04:36 AM on 08/12/2012
How is which candidate the public wants an excess? The bullwark against populist excesses is the Constitution and the courts, not the electoral college.
HUFFPOST SUPER USER
Fundamentals
05:13 PM on 08/12/2012
Napoleon Bonaparte wanted to be made Emperor and so asked the nation of France to elect him Emperor. This was in the early years of the 19th Century.
The nation 0f France voted 3,100,000 YES be Emperor
The nation voted only 1,100 No, You cannot be Emperor.
An electoral college would be less likely to be so swayed by the popularity of Napoleon and more likely to say NO! No one may be Emperor.
We may give the vote to the least educated of voters but it is unwise to not have some sort of check to their ignorance.
10:55 PM on 08/07/2012
Mr. Friedman's argument above was old before he wrote it. For anyone interested in understanding what the function of the Electoral College is, why that function is critical to our democratic-republican system of government, and how the Electoral College fails to accomplish that function, I (Daniel Betti) have recently published an explanatory pamphlet on the topic. "Establish the College of Electors: How the Electoral College Is Failing and Why a Direct, National Vote Is Not the Answer" is available for purchase at amazon.com. Check it out to learn more about the Electoral College, especially to see through cheap sophistry about why we elect the president they way we do.
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chanahan
The price of freedom is eternal vigilance
04:18 PM on 08/07/2012
We don't have a direct democracy and our Founding Fathers made it that way. We have a republic and it has worked well for over 200 years and will for the next 200. Having winner take all system provides a certain stability not inherent in proportional representation systems that have governments collapsing regularly.

We know every 4 years we will choose a president and that regularity brings some measure of stability.
HUFFPOST SUPER USER
mvy
01:10 PM on 08/08/2012
Electing a president by National Popular Vote would not be direct democracy and does not define us as a Republic. It would be how we elect virtually every other office in the U.S.

Direct democracy is a form of government in which people vote on policy initiatives directly.

The precariousness of the current state-by-state winner-take-all system of awarding electoral votes 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). 537 popular votes won Florida and the White House for Bush in 2000 despite Gore's lead of 537,179 (1,000 times more) popular votes nationwide. A shift of 60,000 voters in Ohio in 2004 would have defeated President Bush despite his nationwide lead of over 3 million votes.

Voters want to know, that even if they were on the losing side, their vote actually was directly and equally counted and mattered to their candidate. Most Americans think it's wrong for the candidate with the most popular votes to lose. We don't allow this in any other election in our representative republic.
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chanahan
The price of freedom is eternal vigilance
08:34 AM on 08/09/2012
I am sorry for misunderstanding your point on direct democracy.  Not only did the Founding Fathers give us a republic, but they certainly did not want a direct democracy.  The whole concept of mob rule was something they wanted to avoid and rightly so.  Using polls to decide issues would be disastrous and allow biases and emotion to make decisions.  As much as I might be mad at elected leaders, it would be worse to have individuals decide every issue, not to mention it would be completely unworkable.
 
The fact that elections are fairly close nationally is not a reason to move to direct democracy.  Very seldom does the winner not take a majority of the popular vote.  I am not sure why you characterize our system as "precarious?"  What is precarious about non-landslide elections, you just cite that they occur?
 
Every vote counts, but in every instance there has to be a loser.  In a direct democracy, there will be losers on various issues and those people potentiall will feel their vote was not equally counted.
03:53 PM on 08/06/2012
However, on the other side of the coin, having an Electoral College can force candidates to at least pay lip service to issues that, across the entire country, may never be supported by the majority, but in certain regions may enjoy broad, or even majority support. For example during GWB's first presidential campaign, he traveled to the northwest touting his "environmental creds" to the voters in Oregon and Washington. Why did he do this? Because he coveted their electoral votes. The truth of the matter is, he didn't give a hoot about the environment, and would have had no incentive whatsoever to even discuss environmental issues had the EC not existed, because taken as a whole, it is a losing issue. Even 49% support on any issue loses every time.

I happen to live in a swing state, where a relatively few votes could very well determine the next president. My vote is therefore a lot more powerful than if it were simply one vote competing against the entire country. But of course, a Democrat voting in, say, Mississippi, would have the opposite viewpoint, since they have virtually no chane of winning the day.

Just playing a little devil's advocate, here ...
02:50 PM on 08/06/2012
I agree 100% the Electoral College is extremely undemocratic. Dump it! As a matter of fact we need to write a new constitution and form a more "democratic" government. I have advocated for a parliamentarian form for years. It works in Israel, Canada, Australia, New Zealand and the UK. It would also make it harder for the large corporations and the wealthy to own the government. The new USA would be more representative..maybe allowing third parties a foothold in government. Our old worn out Constitution was great for the late 1700's and maybe the 1800's into the 1900's. But it has outlived its purpose. And is not relavent in the modern 21st Century.
12:56 AM on 08/12/2012
So you don't think the "United States" of America is working out.
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HUFFPOST PUNDIT
Rooster Coburn
Less Gov't + More Responsibility = A Better World
02:50 PM on 08/06/2012
The real problem is that in many states urban voters can over-rule rural voters by sheer weight of numbers, despite having stewardship over only a tiny percentage of their state's productive land area.
GHO
Sooner or later you run out of other peoples money
02:20 PM on 08/06/2012
I agree that we need some changes, and the EC is as good a place to start as any. The winner-take-all aspect of it is the worst part. From 1992-2000, we had three POTUS elections in which the winner received less than 50% of the popular vote. I would be all for a popular vote election, and if neither candidate receives 50%, a run-off of the top two vote getters.

Other lessons we should have learned in recent elections
- The primary system is a mess and should be completely revamped by both parties - with NH and Iowa sent to the back of the line. They've had entirely too much say for too long.
- We remain a misogynistic country
- Campaign finance is a joke. What a laugh it has been this year listening to two millionaires try to accuse each other of being out of touch with the middle class.
HUFFPOST PUNDIT
realpolitic
Proud member of the reality-based community!
01:51 PM on 08/06/2012
Very prescient essay!
01:49 PM on 08/06/2012
The so-called "originalists" must LOVE the Electoral College, since it was created for the news logistics of the 1700s. But the realy reason it's still around: it's much easier to control elections state by state, county by county than on a national scale. But is it even feasible to change it? Even for proportional apportionment? Is it even worth the fight? There would be a huge fight because it would cause a major change in campaign strategies.
HUFFPOST SUPER USER
mvy
02:20 PM on 08/06/2012
The presidential election system that we have today was not designed, anticipated, or favored by the Founding Fathers but, instead, is the product of decades of evolutionary change precipitated by the emergence of political parties and enactment by 48 states of winner-take-all laws, not mentioned, much less endorsed, in the Constitution.

States have the responsibility and power to make their voters relevant in every election. The bill uses the power given to each state by the Founding Fathers in the Constitution to change how they award their electoral votes. Historically, virtually all of the major changes in the method of electing the President, including ending the requirement that only men who owned substantial property could vote and 48 current state-by-state winner-take-all laws, have come about by state legislative action.

More than 2,110 state legislators (in 50 states) have sponsored and/or cast recorded votes in favor of the National Popular Vote bill.

In Gallup polls since 1944, only about 20% of the public has supported the current system of awarding all of a state's electoral votes to the presidential candidate who receives the most votes in each separate state. Support for a national popular vote is strong among Republicans, Democrats, and Independent voters, as well as every demographic group in every state surveyed.

The NPV bill has passed 31 state legislative chambers in 21 states, and been enacted by 9 jurisdictions possessing 132 electoral votes - 49% of the 270 necessary.

NationalPopularVote
02:34 PM on 08/06/2012
Uh, I support the national popular vote, but it's simply wrong to say the electoral college--which was the topic here--wasn't designed by the founders. That said, certainly they could not have anticipated what has transpired in the intervening years.Now it's true that many of the founders were suspicious of political parties--including Washington himself. But they became a rather ugly fact starting in his administration--not by him but as an outgrowth of the Federalists and anti-Federalists during the constitutional ratification debates. As you may know, the political atmosphere became pure poison during the election of John Adams, and it was downright nasty for his attempt at re-election. Now as to who supports the change (I do), polls aside, it's pretty hard to change a status quo that holds such vested interests. But I wish you good luck.
12:32 PM on 08/06/2012
I would keep it. If we eliminated it we would have all of our presidents elected by the urban centers in California and NY. This would be a liberals dream of course and make it quite easy for candidates to focus only on a few area to win. The founders knew what they were doing.
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mvy
05:39 PM on 08/06/2012
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.

That's more than 85 million voters, 200 million Americans, ignored. When and where voters are ignored, then so are the issues they care about most.

The National Popular Vote bill would change existing state winner-take-all laws, to a system guaranteeing the majority of Electoral College votes for, and the Presidency to, the candidate getting the most popular votes in the entire United States.

The National Popular Vote bill preserves the constitutionally mandated Electoral College. It ensures 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.
HUFFPOST SUPER USER
mvy
05:40 PM on 08/06/2012
The big cities inside the 12 biggest states are not as big as people think, and not as dominant as people think. Big cities do not, for example, even control California elections, as evidenced by the reality that governors Reagan, Deukmejian, Wilson, and Schwarzenegger never carried Los Angeles, San Francisco, or other big cities in California. Similar examples of Republicans winning in big states, despite losing the big cities, can be easily cited in every other big state.

The populations of the 50 largest cities together constitute only 19% of the nation’s population. And, to put that into perspective, Arlington, Texas is the nation’s 50th largest city (at about 363,000).
12:03 PM on 08/06/2012
Thank you.
This, the filibuster, and campaign finance, I think are the three biggest problems of this nation.
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groland
socially left, fiscally right
11:40 AM on 08/06/2012
Even worse than the electoral college is the Senate. The two Senators from CA represent 35 million people, whereas the two from ND, WY, SD, MT, RI, DE do not even represent 1 million citizens. Yet, they all have the same vote. Incidentally, the GOP is over represented in states that have fewer people, again making the Senate a real roadblock to legislation.
11:26 AM on 08/06/2012
Right, let the voters in New York and California decide if Nebraska should have private property rights.

Jeez.