Skip to content
Search

Latest Stories

Top Stories

Bloc voting is a bigger problem than electors going rogue. Here's a fix.

Electoral College protest

The Supreme Court's ruling on faithless electors could pave the way to removing the human component of the Electoral College.

Mark Makela/Getty Images
Johnson is executive director of Election Reformers Network, a nonprofit founded by international election specialists to promote electoral improvements in the United States.

The Supreme Court has disarmed one time bomb ticking away in our presidential election system — the risk of "faithless" electors throwing an election to an undeserving candidate. Other critical problems remain, which the decision can play a part in helping us address.

The court's conclusion this week that the Constitution does not "establish that electors must have discretion" should end the claim that electors play an important role in our system of checks and balances. The electors have never checked or balanced anything, and we wouldn't want them to.

Debates about the role of electors usually include conservatives citing our founding compromise between small and large states and the resulting electoral advantage for the smaller ones — which many Republicans perceive as critical protection against tyranny of the majority. But "Why electors?" is a separate question from "Why an electoral advantage for small states?"

Nothing is gained and no party benefits from keeping human electors, as compared to states' simply reporting their electoral votes. Monday's unanimous decision, supported by all five of the conservative justices, should help establish consensus on this point.

We should also be able to build consensus that most remaining problems with our presidential system stem from the winner-take-all electoral votes rules of 48 states, not the Electoral College advantage for small states.

Some facts help demonstrate why.

First, the United States is not exceptional internationally in having votes from different regions carry different weight. Every constitution addresses both citizens and territory, and in that balance many convey greater voting impact to less populated regions. In Britain, the smallest parliamentary district has one-sixth the voting population — and thus six times the impact on who becomes prime minister — as the largest.

Second, polls consistently show roughly two-thirds of Republicans oppose electing the president by national popular vote, the mechanism often proposed to end the advantage for sparsely populated states.

This is the context that makes amending the Constitution to switch to a direct popular vote effectively impossible. It also should shape our thinking about the viability of the National Popular Vote Compact, under which states agree to award their electors to the national popular vote winner once states with a combined 270 votes (a majority) sign on.

Lastly, contrary to conventional wisdom on the left, Republican nominees do not now gain a major advantage from the distribution of electoral votes.

Small-state voters certainly have more impact, but in 2016 the impact of the average red state voter was almost exactly the same as her blue state counterpart. Similarly, Donald Trump did not become president because of small states: The 16 least populous split, eight to eight. Instead, Trump won from second place because he carried states with smaller margins of victory than Hillary Clinton did.

Winner-take-all is the reason our elections effectively sideline two-thirds of the states, making voting largely meaningless in most of the country. Presidents in office respond to this odd incentive, often prioritizing swing states over the nation as a whole.

Either party can end up on the short end of margin-of-victory math. Republicans were in 1960 and could easily be again, particularly if Texas transitions to thin margins for Democrats. And, at the state level, neither party likes that both tickets ignore all but a handful of battlegrounds.

So it ought to be possible to build support for replacing winner-take-all with a new system that nonetheless maintains an advantage for small states.

Winner-take-all is nowhere in the Constitution, but became entrenched through competition among states to maximize their impact. The Founders quickly regretted this, and most advocated for amendments to prevent states' using winner-take-all.

The best known alternative is what's used by Maine and Nebraska: two electoral votes for the statewide winner and one for carrying each House district. But that injects gerrymandering into presidential elections and, applied nationwide, would still have yielded a Trump victory in 2016.

Far better for states to allocate their electoral votes proportionally to the candidates, with the proportional calculation carried to the right of the decimal point to reduce rounding.

Seventy years ago, senators voted 64-27 to amend the Constitution with exactly the features discussed here: replacing human electors with electoral votes, replacing winner-take-all with proportional allocation, and retaining the advantage for small states.

The version electoral reformers are pushing now is an improvement, because it would limit the proportional allocation to the top two vote-getters nationwide.

Here are four reasons this is a good idea:

1. The president would nearly always be the popular vote winner.

2. With shares of electoral votes available in every state, candidates would have incentive to campaign nationwide — because every state would matter.

3. The "spoiler" problem would largely be fixed. (The 1 percent in Michigan for the Green Party's Jill Stein probably swung 16 electoral votes to Trump four years ago; with top-two, her impact would have been .05 of an electoral vote.)

4. Our state results would finally reflect our true preferences, replacing the image of warring red and blue with just different shades of purple.

In the Supreme Court's decision this week, it's possible to see the justices' concern over a problem that was not even mentioned: the exceptionally high hurdles to altering the Constitution.

In less polarized and less chaotic times, maybe the court would have treated the textual questions more strictly, with the amendment path cited as an available remedy to the risk of electors permitted to be "faithless" with their votes.

If there are such doubts on the court about the prospects for amending the Constitution, we should not share them; there is no future for a country that cannot update its founding document. The outlines of a viable amendment to fix our presidential system are in plain sight. It's time to start transforming them into reality.


Read More

The History of U.S. Prevention Through Deterrence: Effective Border Policy or Humanitarian Risk?

The History of U.S. Prevention Through Deterrence: Effective Border Policy or Humanitarian Risk?

A Brief History of Prevention Through Deterrence

The U.S. Border Patrol agency has evolved greatly over the years, shifting its focus to address changing national security concerns. It was originally established in 1924 to restrict illegal immigration by Chinese and European immigrants before moving to restrict alcohol smuggling during Prohibition. The agency adopted its current focus on illegal immigration from Mexico during the 1970s, when immigration pressures coincided with a severe economic recession in the United States. In 1994, the Border Patrol released a strategy document with the support of the Clinton administration which introduced an approach to immigration known as Prevention Through Deterrence. This tactic aimed to discourage border crossings by funneling immigrants through border entry points with harsh terrain, in contrast with previous policies based on arrest and apprehension post-entry.

Successful Prevention Through Deterrence is measured by fewer encounters and apprehensions at the border, indicating that illegal attempts to enter the country have been prevented and deterred. Barriers to entry are policed by a range of physical infrastructure like fences, vehicle barriers, and other blockades designed to stop illegal foot and vehicle traffic. These measures are supported by camera- and thermal-based surveillance systems as well as measures like deportation and criminal charges which impose legal consequences on migrants. The focus of Prevention Through Deterrence operations themselves is twofold: establishing control of high-traffic border sectors and using security measures to enable the seizure of contraband.

Keep ReadingShow less
A microphone in the foreground and a crowd, blurry in the background.

INC ‘26 gathered independent leaders in D.C. to unveil a seven-candidate slate, a Fulcrum Caucus strategy and new tools for corruption-free governance.

Getty Images, uschools

Independent Movement Unites at INC ’26 to Build National Power

From September 23–25, leaders from across the American independent political movement gathered at the JW Marriott in Washington, D.C., for the fourth Independent National Convention (INC ’26). Produced by United Independents, the event brought together hundreds of participants representing political reform organizations, independent campaigns, alternative parties, civic initiatives and grassroots organizing efforts.

The gathering reflected the breadth of activity outside the traditional two-party system while addressing a persistent challenge: translating America's large independent constituency into greater political representation, institutional capacity, and coordinated action.

Keep ReadingShow less
Meeting, handshake and business people with deal in office for funding approval and success.

Four Reds and four Blues reached unanimous Points of Agreement on immigration, then presented them to Reps. Fitzpatrick and Suozzi. Here’s how it worked.

Jacob Wackerhausen/Getty Images

On Immigration, Common Ground May Be Closer Than We Think

Immigration has become one of the issues pulling Americans apart. Earlier this month, at a constituent conversation in Bristol, Pennsylvania, I watched eight Americans with very different political views offer a glimpse of how it does not have to stay that way.

Four “Reds” and four “Blues” — terms used for participants on the political right and left — sat across from Reps. Brian Fitzpatrick (R-Pa.) and Tom Suozzi (D-N.Y.), the Republican and Democratic co-chairs of the House Problem Solvers Caucus, to present something increasingly unusual in our politics: unanimous Points of Agreement on immigration developed through an earlier Common Ground Workshop.

Keep ReadingShow less
Automobiles wait in line to cross the São Sebastião Channel in Brazil

Automobiles wait in line to cross the São Sebastião Channel in Brazil

Hugo Balta

How a Brazilian Island's Automation Model Offers a Blueprint for Overwhelmed U.S. Hotspots

Hugo Balta is currently reporting from Brazil, exploring how the country's efforts to strengthen democracy, expand civic participation, and address environmental challenges may hold valuable insights for the United States.

For decades, some of the world's most popular ecotourism destinations have faced a simple but persistent challenge: a relatively small local tax base must support infrastructure and environmental protection for millions of visitors. When tourism costs fall disproportionately on residents, roads, sanitation systems, and natural resources can become strained. Increasingly, governments are addressing that imbalance through "user-pays" conservation fees that shift a portion of those costs to travelers.

Keep ReadingShow less