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Mass. Leg. May Side-step the Federal Constitution
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Czarjorge



Joined: 01 May 2007
Location: I now have the same moustache, and it is glorious.

PostPosted: Wed Jun 25, 2008 11:27 am    Post subject: Reply with quote

ontheway wrote:
Czarjorge wrote:
The electoral college was originally created why? To give more power to smaller states and to keep the 'ignorant masses' from having direct control over the process. But haven't we moved away from that attitude as a country?

We choose Senators now. The system was changed to allow greater democracy. Shouldn't the same thing be done with the electoral college?

As a system its ridiculously antiquated. The worst thing possible in the next election would be for Obama to win the popular vote and lose the election. I'm not sure we'd have a civil war over it, but I expect that the issue would end up in the courts and get strung out. Complicating the problem would be Bush's 'win' in 2000. People would not sit idly by for another 'stolen' election.

Like it or not, we expect as a people that the candidate with the most votes wins. If that's the will of the people why retain the electoral college?



The 2000 election was not "stolen" from the Democrats. In every recount, including an extensive final recount undertaken by the media, Bush was the winner by a few hundred votes. As much as any of us may hate Bush, the truth is, he won the 2000 election. It was not stolen from Gore.


Public perception is that something fishy was going on in Florida in 2000. That's what is most important. And Gore DID win the popular vote, but lose the election. That's what people remember, that's what people won't accept again. The reality of the outcome of the Florida vote is not as important as the sense that something untoward was going on.

Whether the election was 'stolen' or not people think their vote should mean something, and if we find ourselves again with a candidate that wins the popular vote but loses the election there will be trouble, or at least change. If not then we have an even bigger problem.
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Ya-ta Boy



Joined: 16 Jan 2003
Location: Established in 1994

PostPosted: Wed Jun 25, 2008 2:25 pm    Post subject: Reply with quote

ontheway, thanks for clarifying the Nebraska/Maine system. Strictly speaking, 'proportional' was not an accurate word to use.

I agree with czar that much of the public does feel the Election of '00 was stolen. Rightly or wrongly, many do believe this. Contributing factors: Most people don't realize that under the current system we vote as states, not as individual citizens. Second, the vast majority hate the Electoral College and want to abolish it. Many don't understand it very well, but what the do understand, they don't like. Third, most of us remember those pictures of workers holding up those ballots with hanging chads and feel something fishy was going on in Florida.

A few states, Iowa among them, have addressed the gerrymandering problem. What they have done is adopt a computer program that is programmed to draw compact district lines.

If the other states adopted a similar system, it would go a long way in reforming the 'safe seat' problem in Congress where 90% (It's even more I think) of the seats are safe for the incumbent. I've read that one immediate result would be a surge of minority members of Congress. One way to achieve a more equitable distribution of seats (I'm thinking of both minorities and parties) would be for voters in seriously gerrymandered states to seek redress in the federal courts.

Until that problem is addressed, Nebraska/Maine have a better solution than this Massachusetts idea. I really think it's asking for major trouble for a state that votes Democratic to give its electors to the Republicans in years when the Republicans have a nation-wide majority.
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bacasper



Joined: 26 Mar 2007

PostPosted: Wed Jun 25, 2008 5:30 pm    Post subject: Reply with quote

ontheway wrote:
George W. Bush would have lost Florida and therefore the Presidency if there had been a complete statewide recount. This is the apparent result of a review of uncounted ballots in the 2000 Presidential election. The new data, compiled by AP and seven other news organizations, suggests Bush would have won Florida only under a more selective recount of the 4 counties that were the subject of Al Gore�s legal strategy.


This is speculation.

The actual counts and recounts showed Bush won.

It is not speculation that if the votes uncounted during the election statewide were counted, Gore got more votes.

What is speculation is if the recount were limited to the four counties Gore sought, Bush would have won.
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ontheway



Joined: 24 Aug 2005
Location: Somewhere under the rainbow...

PostPosted: Wed Jun 25, 2008 9:03 pm    Post subject: Reply with quote

Ya-ta Boy wrote:
ontheway, thanks for clarifying the Nebraska/Maine system. Strictly speaking, 'proportional' was not an accurate word to use.

I agree with czar that much of the public does feel the Election of '00 was stolen. Rightly or wrongly, many do believe this. Contributing factors: Most people don't realize that under the current system we vote as states, not as individual citizens. Second, the vast majority hate the Electoral College and want to abolish it. Many don't understand it very well, but what the do understand, they don't like. Third, most of us remember those pictures of workers holding up those ballots with hanging chads and feel something fishy was going on in Florida.

A few states, Iowa among them, have addressed the gerrymandering problem. What they have done is adopt a computer program that is programmed to draw compact district lines.

If the other states adopted a similar system, it would go a long way in reforming the 'safe seat' problem in Congress where 90% (It's even more I think) of the seats are safe for the incumbent. I've read that one immediate result would be a surge of minority members of Congress. One way to achieve a more equitable distribution of seats (I'm thinking of both minorities and parties) would be for voters in seriously gerrymandered states to seek redress in the federal courts.

Until that problem is addressed, Nebraska/Maine have a better solution than this Massachusetts idea. I really think it's asking for major trouble for a state that votes Democratic to give its electors to the Republicans in years when the Republicans have a nation-wide majority.



I agree with Yata completely on this.

The Massachusetts plan is a terrible idea.

People have the perception that the Electoral College is a somehow unfair, or a problem, but if they understood it, and considered the problems with the alternatives, they would embrace it.

We need to fix the gerrymandering problem anyway, and the Maine/Nebraska system would mean the electoral votes would more closely match the direct votes.


One thing that I never hear anyone talk about is just how horrible the problems of a nationwide direct election of the President would be. Imagine in 2000 if we had to recount the entire country. It was a close vote. Imagine the voter fraud that would be committed in advance in those states and especially local precincts that are overwhelmingly controlled by one party.

We would have hundreds of thousands of dead people voting in every election. In the one party areas we would see inflated voter rolls and turnouts at or in excess of 100%. The problem of voter fraud and the massive turmoil of recounts in the inevitable close elections ... this would be a horrible development for the US.
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Ya-ta Boy



Joined: 16 Jan 2003
Location: Established in 1994

PostPosted: Thu Jun 26, 2008 12:22 am    Post subject: Reply with quote

I know there is a consensus among the people for reform, in particular for abolishing the Electoral College. The problem is that there is not the requisite number of states to pass a constitutional amendment. I'm fairly certain that if the former presidents, vice presidents and other public figures of stature decided to, they could bring the necessary pressure on the small states to vote for abolition.
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ontheway



Joined: 24 Aug 2005
Location: Somewhere under the rainbow...

PostPosted: Thu Jun 26, 2008 7:12 am    Post subject: Reply with quote

It takes 3/4 of the states to pass a Constitutional Amendment. That means that it requires 38 states to pass identical amendment resolutions. It only takes 13 states to block.

So, which states would NEVER sacrifice their rights of statehood? Which states would NEVER agree to give up their limited remaining power versus the Federal monster?

Here is my list of states that will NEVER vote to end the Federal system and the Electoral College:

Maine
New Hampshire
North Carolina
South Carolina
Georgia
Alabama
Mississippi
Texas
Oklahoma
Tennessee
Kentucky
Nebraska
North Dakota
Montana
Idaho
Wyoming
Utah
Nevada
Arizona
Alaska

There are other states that I consider unlikely to make such a change.

But, if reformers want to make a difference and slowly reform the EC system, they should encourage the states to adopt the Maine/Nebraska system. This can be done one at time. If Massachusetts wants to lead the way, they should follow the lead of their former northern colony.
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ontheway



Joined: 24 Aug 2005
Location: Somewhere under the rainbow...

PostPosted: Thu Jun 26, 2008 9:30 am    Post subject: Reply with quote

This National Popular Vote scheme has been signed into law in only 3 states so far: New Jersey, Illinois and Maryland. Hawaii and Rhode Island are awaiting sigs or vetos by their governors. The laws are toothless since they only go into effect if a goup of states representing a majority in the Electoral College actually pass the same legislation. This is unlikely to ever happen.

More interesting, since the laws are being enacted by mostly Dem states, if they actually became operative it would be something like this:

1) The Dem candidate wins the popular vote in a close race but loses in the EC. The Dem candidate will have carried nearly all of the Nat Pop Vote states. One or two of the NPV states will have voted for the Republican, who will have won, except for the effect this law.

At this point, the Republican Party, Candidates, National Committee, the Presidential Elector candidates, and individual voters of the affected state or states will sue over this law in a challenge that will go straight to the Supreme Court.

In a replay worse that that in 2000, the Supreme Court will end up making a court ruling that will look like it is choosing the President. The NPV laws would likely be struck down, the R candidate would still win with an EC majority and less than a plurality of the popular vote, and the result would be chaos. Better that the NPV plan should never see the light of day.

The problems caused by the NPV scheme would be worse than the disease.


2) On the other hand, if the laws go into effect and the results are reversed, with a Repub Pres candidate winning the popular vote but losing slightly in the EC before the plan, the states that passed the plan could all be Dem states, they could all flip to the Republican, and the R candidate could end up with 100% of the Electoral Vote. Could the Supreme Court overturn that result? Not likely.

Stupid plan.

Democrats lose either way.
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