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9 years ago @ Equality on Trial - Alabama updates 3/23 · 0 replies · +2 points

"Awarding electoral votes by a proportional or congressional district [used by Maine and Nebraska] method fails to promote majority rule, greater competitiveness or voter equality. Pursued at a state level, both reforms dramatically increase incentives for partisan machinations. If done nationally, a congressional district system has a sharp partisan tilt toward the Republican Party, while the whole number proportional system sharply increases the odds of no candidate getting the majority of electoral votes needed, leading to the selection of the president by the U.S. House of Representatives.

For states seeking to exercise their responsibility under the U.S. Constitution to choose a method of allocating electoral votes that best serves their state’s interest and that of the national interest, both alternatives fall far short of the National Popular Vote plan . . ." --FairVote

The National Popular Vote bill would guarantee the majority of Electoral College votes, and thus the presidency, to the candidate who receives the most popular votes in the country, by replacing state winner-take-all laws for awarding electoral votes in the enacting states.

Every vote, everywhere, would be politically relevant and equal in presidential elections. No more distorting and divisive red and blue state maps of pre-determined outcomes. There would no longer be a handful of 'battleground' states where voters and policies are more important than those of the voters in 80% of the states that now are just 'spectators' and ignored after the conventions.

The bill would take effect when enacted by states with a majority of Electoral College votes—that is, enough to elect a President (270 of 538). The candidate receiving the most popular votes from all 50 states (and DC) would get all the 270+ electoral votes of the enacting states.

The bill has passed 33 state legislative chambers in 22 rural, small, medium, large, red, blue, and purple states with 250 electoral votes. The bill has been enacted by 11 jurisdictions with 165 electoral votes – 61% of the 270 necessary to go into effect.

NationalPopularVote.com

9 years ago @ Equality on Trial - Equality news round-up... · 0 replies · +3 points

Congressional consent is not required for the National Popular Vote compact under prevailing U.S. Supreme Court rulings. However, because there would undoubtedly be time-consuming litigation about this aspect of the compact, National Popular Vote is working to introduce a bill in Congress for congressional consent.

The U.S. Constitution provides:
"No state shall, without the consent of Congress,… enter into any agreement or compact with another state…."

Although this language may seem straight forward, the U.S. Supreme Court has ruled, in 1893 and again in 1978, that the Compacts Clause can "not be read literally." In deciding the 1978 case of U.S. Steel Corporation v. Multistate Tax Commission, the Court wrote:
"Read literally, the Compact Clause would require the States to obtain congressional approval before entering into any agreement among themselves, irrespective of form, subject, duration, or interest to the United States.

"The difficulties with such an interpretation were identified by Mr. Justice Field in his opinion for the Court in [the 1893 case] Virginia v. Tennessee. His conclusion [was] that the Clause could not be read literally [and this 1893 conclusion has been] approved in subsequent dicta."

Specifically, the Court's 1893 ruling in Virginia v. Tennessee stated:
"Looking at the clause in which the terms 'compact' or 'agreement' appear, it is evident that the prohibition is directed to the formation of any combination tending to the increase of political power in the states, which may encroach upon or interfere with the just supremacy of the United States."

The state power involved in the National Popular Vote compact is specified in Article II, Section 1, Clause 2 the U.S. Constitution:
"Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors…."

In the 1892 case of McPherson v. Blacker (146 U.S. 1), the Court wrote:
"The appointment and mode of appointment of electors belong exclusively to the states under the constitution of the United States"

The National Popular Vote compact would not "encroach upon or interfere with the just supremacy of the United States" because there is simply no federal power -- much less federal supremacy -- in the area of awarding of electoral votes in the first place.

9 years ago @ Equality on Trial - Equality news round-up... · 2 replies · +3 points

The current system does not provide some kind of check on the "mobs." There have been 22,991 electoral votes cast since presidential elections became competitive (in 1796), and only 17 have been cast for someone other than the candidate nominated by the elector's own political party. 1796 remains the only instance when the elector might have thought, at the time he voted, that his vote might affect the national outcome. The electors are and will be dedicated party activists of the winning party who meet briefly in mid-December to cast their totally predictable rubberstamped votes in accordance with their pre-announced pledges.

The U.S. Supreme Court has upheld state laws guaranteeing faithful voting by presidential electors (because the states have plenary power over presidential electors).

The National Popular Vote bill would end the disproportionate attention and influence of the "mob" in the current handful of closely divided battleground states, such as Ohio and Florida, while the "mobs" of the vast majority of states are ignored.
9 states determined the 2012 election.
10 of the original 13 states are politically irrelevant in presidential campaigns now. They aren’t polled or visited. Candidates do not bother to advertise or organize in their state.
None of the 10 most rural states matter
24 of the 27 lowest population states, that are non-competitive are ignored, in presidential elections.
4 out of 5 Americans were ignored in the 2012 presidential election. After being nominated, Obama visited just eight closely divided battleground states, and Romney visited only 10. These 10 states accounted for 98% of the $940 million spent on campaign advertising.

The National Popular Vote bill would guarantee the majority of Electoral College votes, and thus the presidency, to the candidate who receives the most popular votes in the country, by replacing state winner-take-all laws for awarding electoral votes.

Every vote, everywhere, would be politically relevant and equal in presidential elections. No more distorting and divisive red and blue state maps of pre-determined outcomes. There would no longer be a handful of 'battleground' states where voters and policies are more important than those of the voters in 80% of the states that now are just 'spectators' and ignored after the conventions.

The bill would take effect when enacted by states with a majority of Electoral College votes—that is, enough to elect a President (270 of 538). The candidate receiving the most popular votes from all 50 states (and DC) would get all the 270+ electoral votes of the enacting states.

The presidential election system, using the 48 state winner-take-all method or district winner method of awarding electoral votes, that we have today was not designed, anticipated, or favored by the Founders. It is the product of decades of 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.

The bill uses the power given to each state by the Founders in the Constitution to change how they award their electoral votes for President. States can, and have, changed their method of awarding electoral votes over the years. Historically, 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.

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 (with about 70% opposed and about 10% undecided).

Support for a national popular vote is strong among Republicans, Democrats, and Independent voters, as well as every demographic group in every state surveyed recently. In virtually every of the 39 states surveyed, overall support has been in the 70-80% range or higher. - in recent or past closely divided battleground states, in rural states, in small states, in Southern and border states, in big states, and in other states polled.
Americans believe that the candidate who receives the most votes should win.

The bill has passed 33 state legislative chambers in 22 rural, small, medium, large, red, blue, and purple states with 250 electoral votes. The bill has been enacted by 11 jurisdictions with 165 electoral votes – 61% of the 270 necessary to go into effect.

NationalPopularVote
Follow National Popular Vote on Facebook via NationalPopularVoteInc

11 years ago @ Daily Camera.com: - Electoral College coul... · 0 replies · +1 points

A survey of Colorado voters showed 68% overall support for a national popular vote for President.

Support was 79% among Democrats, 56% among Republicans, and 70% among independents.

By age, support was 83% among 18-29 year olds, 59% among 30-45 year olds, 71% among 46-65 year olds, and 66% for those older than 65.

By gender, support was 77% among women and 58% among men.

NationalPopularVote.com

12 years ago @ Daily Camera.com: - From the editorial adv... · 0 replies · +1 points

The National Popular Vote bill would guarantee the Presidency to the candidate who receives the most popular votes in all 50 states (and DC).

Every vote, everywhere, would be politically relevant and equal in presidential elections.

When the bill is enacted by states possessing a majority of the electoral votes-- enough electoral votes to elect a President (270 of 538), all the electoral votes from the enacting states would be awarded to the presidential candidate who receives the most popular votes in all 50 states and DC.

The bill uses the power given to each state by the Founding Fathers in the Constitution to change how they award their electoral votes for president. 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.

The bill has passed 31 state legislative chambers in 21 small, medium-small, medium, and large states, including one house in AR, CT, DE, DC, ME, MI, NV, NM, NY, NC, and OR, and both houses in CA, CO, HI, IL, NJ, MD, MA ,RI, VT, and WA . The bill has been enacted by DC, HI, IL,CA, NJ, MD, MA, VT, and WA. These 9 jurisdictions possess 132 electoral votes-- 49% of the 270 necessary to bring the law into effect.
http://www.NationalPopularVote.com

12 years ago @ BakersfieldNow.com - Eyewitness News breaks... · 0 replies · +1 points

Stan Harper does not understand the bill.

The National Popular Vote bill would guarantee the Presidency to the candidate who receives the most popular votes in all 50 states (and DC).

The National Popular Vote bill is a state-based approach. Unable to agree on any particular method, the Founding Fathers left the choice of method for selecting presidential electors exclusively to the states by adopting the language contained in section 1 of Article II of the U.S. Constitution-- "Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors . . ." The U.S. Supreme Court has repeatedly characterized the authority of the state legislatures over the manner of awarding their electoral votes as "plenary" and "exclusive."

States have the responsibility to make their voters relevant in every presidential 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 for president.

Under the National Popular Vote bill, all the electoral votes from all the states that have enacted the bill would be awarded, as a bloc, to the presidential candidate who receives the most popular votes in all 50 states and the District of Columbia. The bill would take effect only when enacted by states possessing a majority of the electoral votes -- that is, enough electoral votes to elect a President (270 of 538). The bill would thus guarantee the Presidency to the candidate who receives the most popular votes.

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 (with about 70% opposed and about 10% undecided). Support is strong among Republican voters, Democratic voters, and independent voters, as well as every demographic group surveyed in virtually every state surveyed in recent polls in closely divided battleground states: CO - 68%, FL - 78%, IA 75%,, MI - 73%, MO - 70%, NH - 69%, NV - 72%, NM-- 76%, NC - 74%, OH - 70%, PA - 78%, VA - 74%, and WI - 71%; in smaller states (3 to 5 electoral votes): AK - 70%, DC - 76%, DE - 75%, ID - 77%, ME - 77%, MT - 72%, NE 74%, NH - 69%, NV - 72%, NM - 76%, OK - 81%, RI - 74%, SD - 71%, UT - 70%, VT - 75%, WV - 81%, and WY - 69%; in Southern and border states: AR - 80%,, KY- 80%, MS - 77%, MO - 70%, NC - 74%, OK - 81%, SC - 71%, TN - 83%, VA - 74%, and WV - 81%; and in other states polled: CA - 70%, CT - 74%, MA - 73%, MN - 75%, NY - 79%, OR - 76%, and WA - 77%. Americans believe that the candidate who receives the most votes should get elected.

The National Popular Vote bill has passed 31 state legislative chambers, in 21 small, medium-small, medium, and large population states, including one house in Arkansas(6), Connecticut (7), Delaware (3), The District of Columbia, Maine (4), Michigan (16), Nevada (5), New Mexico (5), New York (29), North Carolina (15), and Oregon (7), and both houses in California (55), Colorado (9), Hawaii, Illinois, New Jersey, Maryland, Massachusetts, Rhode Island (4), Vermont, and Washington. The bill has been enacted by the District of Columbia (3), Hawaii (4), Illinois (19), New Jersey (14), Maryland (11), Massachusetts (10), Vermont (3), and Washington (13). These eight jurisdictions have 77 electoral votes -- 29% of the 270 necessary to bring the law into effect.

See http://www.NationalPopularVote.com

12 years ago @ BakersfieldNow.com - Calif lawmakers approv... · 0 replies · +1 points

The Electoral College 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.

State-by-state winner-take-all laws to award Electoral College votes, are an example of state laws eventually enacted by states, using their exclusive power to do so, AFTER the Founding Fathers wrote the Constitution, Now our current system can be changed by state laws again.

Unable to agree on any particular method, the Founding Fathers left the choice of method for selecting presidential electors exclusively to the states by adopting the language contained in section 1 of Article II of the U.S. Constitution-- "Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors . . ." The U.S. Supreme Court has repeatedly characterized the authority of the state legislatures over the manner of awarding their electoral votes as "plenary" and "exclusive."

The constitution does not prohibit any of the methods that were debated and rejected. Indeed, a majority of the states appointed their presidential electors using two of the rejected methods in the nation's first presidential election in 1789 (i.e., appointment by the legislature and by the governor and his cabinet). Presidential electors were appointed by state legislatures for almost a century.

Neither of the two most important features of the current system of electing the President (namely, universal suffrage, and the 48 state-by-state winner-take-all method) are in the U.S. Constitution. Neither was the choice of the Founders when they went back to their states to organize the nation's first presidential election.

In 1789, in the nation's first election, the people had no vote for President in most states, only men who owned a substantial amount of property could vote, and only three states used the state-by-state winner-take-all method to award electoral votes.

The current 48 state-by-state winner-take-all method (i.e., awarding all of a state's electoral votes to the candidate who receives the most popular votes in a particular state) is not entitled to any special deference based on history or the historical meaning of the words in the U.S. Constitution. It is not mentioned in the U.S. Constitution, the debates of the Constitutional Convention, or the Federalist Papers. The actions taken by the Founding Fathers make it clear that they never gave their imprimatur to the winner-take-all method.

The constitutional wording does not encourage, discourage, require, or prohibit the use of any particular method for awarding the state's electoral votes.

As a result of changes in state laws enacted since 1789, the people have the right to vote for presidential electors in 100% of the states, there are no property requirements for voting in any state, and the state-by-state winner-take-all method is used by 48 of the 50 states. States can, and frequently have, changed their method of awarding electoral votes over the years.

12 years ago @ Vision to America - CNN Analysts Bash Cons... · 3 replies · 0 points

The National Popular Vote bill would guarantee the Presidency to the candidate who receives the most popular votes in all 50 states (and DC).

Every vote, everywhere would be politically relevant and equal in presidential elections. Elections wouldn't be about winning states. Every vote, everywhere would be counted for and directly assist the candidate for whom it was cast. States have the responsibility to make their voters relevant in every presidential election. Candidates would need to care about voters across the nation, not just undecided voters in a handful of swing states.

In the 2012 election, pundits and campaign operatives already agree that, at most, only 14 states and their voters will matter under the current winner-take-all laws (i.e., awarding all of a state’s electoral votes to the candidate who receives the most popular votes in each state) used by 48 of the 50 states. Candidates will not care about at least 72% of the voters- voters-in 19 of the 22 lowest population and medium-small states, and 17 medium and big states like CA, GA, NY, and TX. 2012 campaigning would be even more obscenely exclusive than 2008 and 2004. 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. Policies important to the citizens of ‘flyover’ states are not as highly prioritized as policies important to ‘battleground’ states when it comes to governing.

Since World War II, a shift of a few thousand votes in one or two states would have elected the second-place candidate in 4 of the 13 presidential elections. Near misses are now frequently common. There have been 6 consecutive non-landslide presidential elections. 537 popular votes won Florida and the White House for Bush in 2000 despite Gore's lead of 537,179 popular votes nationwide. A shift of 60,000 votes in Ohio in 2004 would have defeated President Bush despite his nationwide lead of over 3 Million votes.

Under the National Popular Vote bill, all the electoral votes from all the states that have enacted the bill would be awarded, as a bloc, to the presidential candidate who receives the most popular votes in all 50 states and the District of Columbia. The bill would take effect only when enacted by states possessing a majority of the electoral votes — that is, enough electoral votes to elect a President (270 of 538). The bill would thus guarantee the Presidency to the candidate who receives the most popular votes.

The Electoral College 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. I find it hard to believe the Founding Fathers would endorse an electoral system where 2/3rds of the states and voters now are completely politically irrelevant.

The bill uses the exclusive power given to each state by the Founding Fathers in the Constitution to change how they award their electoral votes for president. 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.

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 (with about 70% opposed and about 10% undecided). Support is strong among Republican voters, Democratic voters, and independent voters, as well as every demographic group surveyed in virtually every state surveyed in recent polls. Americans believe that the candidate who receives the most votes should get elected.

The bill has passed 31 state legislative chambers, in 21 small, medium-small, medium, and large states, including one house in AR, CT, DE, DC, ME, MI, NV, NM, NY, NC, and OR, and both houses in CA, CO, HI, IL, NJ, MD, MA, RI, VT, and WA. The bill has been enacted by DC (3), HI (4), IL (19), NJ (14), MD (11), MA (10), VT (3), and WA (13). These 8 jurisdictions possess 77 electoral votes - 29% of the 270 necessary to bring the law into effect.
http://www.NationalPopularVote.com

12 years ago @ Vision to America - CNN Analysts Bash Cons... · 0 replies · +3 points

It is not necessary to update the Constitution to change the current presidential election system from the current 48 state-by-state winner-take-all method for awarding Electoral College votes . To satisfy the majority of Americans who do not support the current system, we do not need to abolish the Electoral College by constitutional amendment.

The presidential election system we have today is not in the Constitution, and enacting National Popular Vote would not need an amendment. State-by-state winner-take-all laws to award Electoral College votes, are an example of state laws eventually enacted by states, using their exclusive power to do so, AFTER the Founding Fathers wrote the Constitution, Now our current system can be changed by state laws again.

Unable to agree on any particular method, the Founding Fathers left the choice of method for selecting presidential electors exclusively to the states by adopting the language contained in section 1 of Article II of the U.S. Constitution– "Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors . . ." The U.S. Supreme Court has repeatedly characterized the authority of the state legislatures over the manner of awarding their electoral votes as "plenary" and "exclusive."

The Electoral College is a set of electors who vote for presidential candidates. Under the current presidential election system, 48 states award all of their electors to the winners of their state.

The constitution does not prohibit any of the methods that were debated and rejected. Indeed, a majority of the states appointed their presidential electors using two of the rejected methods in the nation's first presidential election in 1789 (i.e., appointment by the legislature and by the governor and his cabinet). Presidential electors were appointed by state legislatures for almost a century.

Neither of the two most important features of the current system of electing the President (namely, universal suffrage, and the 48 state-by-state winner-take-all method) are in the U.S. Constitution. Neither was the choice of the Founders when they went back to their states to organize the nation's first presidential election.

In 1789, in the nation's first election, the people had no vote for President in most states, only men who owned a substantial amount of property could vote, and only three states used the state-by-state winner-take-all method to award electoral votes.

The current 48 state-by-state winner-take-all method (i.e., awarding all of a state's electoral votes to the candidate who receives the most popular votes in a particular state) is not entitled to any special deference based on history or the historical meaning of the words in the U.S. Constitution. It is not mentioned in the U.S. Constitution, the debates of the Constitutional Convention, or the Federalist Papers. The actions taken by the Founding Fathers make it clear that they never gave their imprimatur to the winner-take-all method.

The constitutional wording does not encourage, discourage, require, or prohibit the use of any particular method for awarding the state's electoral votes.
As a result of changes in state laws enacted since 1789, the people have the right to vote for presidential electors in 100% of the states, there are no property requirements for voting in any state, and the state-by-state winner-take-all method is used by 48 of the 50 states. States can, and frequently have, changed their method of awarding electoral votes over the years. Maine and Nebraska do not use the winner-take-all method– a reminder that an amendment to the U.S. Constitution is not required to change the way the President is elected.

The normal process of effecting change in the method of electing the President is specified in the U.S. Constitution, namely action by the state legislatures. This is how the current system was created, and this is the built-in method that the Constitution provides for making changes.

12 years ago @ Expose Obama - National Popular Vote ... · 0 replies · +1 points

The current state-by-state winner-take-all system of awarding electoral votes maximizes the incentive and opportunity for fraud. A very few people can change the national outcome by changing a small number of votes in one closely divided battleground state. With the current system all of a state's electoral votes are awarded to the candidate who receives a bare plurality of the votes in each state. The sheer magnitude of the national popular vote number, compared to individual state vote totals, is much more robust against manipulation.

Senator Birch Bayh (D-Indiana) summed up the concerns about possible fraud in a nationwide popular election for President in a Senate speech by saying in 1979, "one of the things we can do to limit fraud is to limit the benefits to be gained by fraud. Under a direct popular vote system, one fraudulent vote wins one vote in the return. In the electoral college system, one fraudulent vote could mean 45 electoral votes, 28 electoral votes."

Hendrik Hertzberg wrote: "To steal the closest popular-vote election in American history, you'd have to steal more than a hundred thousand votes . . .To steal the closest electoral-vote election in American history, you'd have to steal around 500 votes, all in one state. . . .

For a national popular vote election to be as easy to switch as 2000, it would have to be two hundred times closer than the 1960 election--and, in popular-vote terms, forty times closer than 2000 itself.

Which, I ask you, is an easier mark for vote-stealers, the status quo or N.P.V.[National Popular Vote]? Which offers thieves a better shot at success for a smaller effort?"