Discussions on gerrymandering often call for the creation of independent redistricting commissions to draw electoral maps. But in this episode of the Democracy Works podcast from the McCourtney Institute for Democracy, Christopher Fowler explains that plan is just part of a bigger solution to gerrymandering.
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No country still uses an electoral college − except the U.S.
Oct 18, 2024
Holzer is an associate professor of political science at Westminster College.
The United States is the only democracy in the world where a presidential candidate can get the most popular votes and still lose the election. Thanks to the Electoral College, that has happened five times in the country’s history. The most recent examples are from 2000, when Al Gore won the popular vote but George W. Bush won the Electoral College after a U.S. Supreme Court ruling, and 2016, when Hillary Clinton got more votes nationwide than Donald Trump but lost in the Electoral College.
The Founding Fathers did not invent the idea of an electoral college. Rather, they borrowed the concept from Europe, where it had been used to pick emperors for hundreds of years.
As a scholar of presidential democracies around the world, I have studied how countries have used electoral colleges. None have been satisfied with the results. And except for the U.S., all have found other ways to choose their leaders.
The origins of the U.S. Electoral College
The Holy Roman Empire was a loose confederation of territories that existed in central Europe from 962 to 1806. The emperor was not chosen by heredity, like most other monarchies. Instead, emperors were chosen by electors, who represented both secular and religious interests.
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As of 1356, there were seven electors: Four were hereditary nobles and three were chosen by the Catholic Church. By 1803, the total number of electors had increased to 10. Three years later, the empire fell.
When the Founding Fathers were drafting the U.S. Constitution in 1787, the initial draft proposal called for the “National Executive,” which we now call the president, to be elected by the “National Legislature,” which we now call Congress. However, Virginia delegate George Mason viewed “making the Executive the mere creature of the Legislature as a violation of the fundamental principle of good Government,” and so the idea was rejected.
Pennsylvania delegate James Wilson proposed that the president be elected by popular vote. However, many other delegates were adamant that there be an indirect way of electing the president to provide a buffer against what Thomas Jefferson called “well-meaning, but uninformed people.” Mason, for instance, suggested that allowing voters to pick the president would be akin to “refer(ring) a trial of colours to a blind man.”
For 21 days, the founders debated how to elect the president, and they held more than 30 separate votes on the topic – more than for any other issue they discussed. Eventually, the complicated solution that they agreed to was an early version of the electoral college system that exists today, a method where neither Congress nor the people directly elect the president. Instead, each state gets a number of electoral votes corresponding to the number of members of the U.S. House and Senate it is apportioned. When the states’ electoral votes are tallied, the candidate with the majority wins.
James Madison, who was not fond of the Holy Roman Empire’s use of an electoral college, later recalled that the final decision on how to elect a U.S. president “was produced by fatigue and impatience.”
After just two elections, in 1796 and 1800, problems with this system had become obvious. Chief among them was that electoral votes were cast only for president. The person who got the most electoral votes became president, and the person who came in second place – usually their leading opponent – became vice president. The current process of electing the president and vice president on a single ticket but with separate electoral votes was adopted in 1804 with the passage of the 12th Amendment.
Some other questions about how the electoral college system should work were clarified by federal laws through the years, including in 1887 and 1948.
After the 2020 presidential election exposed additional flaws with the system, Congress further tweaked the process by passing legislation that sought to clarify how electoral votes are counted.
Other electoral colleges
After the U.S. Constitution went into effect, the idea of using an electoral college to indirectly elect a president spread to other republics.
For example, in the Americas, Colombia adopted an electoral college in 1821. Chile adopted one in 1828. Argentina adopted one in 1853.
In Europe, Finland adopted an electoral college to elect its president in 1925, and France adopted an electoral college in 1958.
Over time, however, these countries changed their minds. All of them abandoned their electoral colleges and switched to directly electing their presidents by votes of the people. Colombia did so in 1910, Chile in 1925, France in 1965, Finland in 1994, and Argentina in 1995.
The U.S. is the only democratic presidential system left that still uses an electoral college.
A ‘popular’ alternative?
There is an effort underway in the U.S. to replace the Electoral College. It may not even require amending the Constitution.
The National Popular Vote Interstate Compact, currently agreed to by 17 U.S. states, including small states such as Delaware and big ones such as California, as well as the District of Columbia, is an agreement to award all of their electoral votes to whichever presidential candidate gets the most votes nationwide. It would take effect once enough states sign on that they would represent the 270-vote majority of electoral votes. The current list reaches 209 electoral votes.
A key problem with the interstate compact is that in races with more than two candidates, it could lead to situations where the winner of the election did not get a majority of the popular vote, but rather more than half of all voters chose someone else.
When Argentina, Chile, Colombia, Finland and France got rid of their electoral colleges, they did not replace them with a direct popular vote in which the person with the most votes wins. Instead, they all adopted a version of runoff voting. In those systems, winners are declared only when they receive support from more than half of those who cast ballots.
Notably, neither the U.S. Electoral College nor the interstate compact that seeks to replace it are systems that ensure that presidents are supported by a majority of voters.
This story includes material from a story published on May 20, 2020.
This article is republished from The Conversation under a Creative Commons license. Read the original article.
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100 years ago, a Nebraska Republican fought for democracy reform
Oct 14, 2024
Gruber is senior vice president of Open Primaries.
With Nebraska Gov. Jim Pillen’s announcement on Sept. 24 that he doesn't have enough votes to call a special session of the Legislature to change the way the state allocates electoral votes, an effort led by former President Donald Trump to pressure the Legislature officially failed.
Nebraska is one of only two states that award a single Electoral College vote to the winner in each congressional district, plus two votes to the statewide winner of the presidential popular vote. Much has been made — justifiably — of Republican state Sen. Mike McDonnell’s heroic decision to buck enormous political pressure from his party to fall in line, and choosing instead to single-handedly defeat the measure. The origins of the senator's independence, though, began in a 100-old experiment in democracy reform.
In 1933, after years of rampant corruption, Nebraska’s two-chamber, partisan gridlocked on a series of basic tasks, from tax allocation to the repeal of Prohibition. U.S. Sen. George Norris (R), a Republican, refused to sit idly by as his state faced enormous political and social unrest. He firmly believed partisan politics were detrimental to the democratic process. For him, “men in the legislature, elected on a partisan political platform, are inclined to follow the bidding and the dictates of party machines and party bosses.” Norris himself practiced a brand of practical, can-do politics that demanded he follow his own belief system. For him, partisan politics gets in the way of building any meaningful, lasting change.
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So he led an effort, using his own money, to fundamentally reimagine how Nebraska does politics, by putting a measure on the 1934 ballot to abolish the legislature and replace it with a unicameral body operating with nonpartisan rules and elected on a nonpartisan, open primary ballot. The entire political class of the state and both the Democratic and Republican parties opposed it. The people of Nebraska overwhelmingly voted in favor of it.
This restructuring has generally freed the Legislature from the type of strong-arm partisan politics that pervades political activity in Congress and most state legislatures. With no formal party alignments or caucuses, the Nebraska Legislature operates under a unique political reality that allows coalitions to form issue by issue. Because committee chairs are elected by the members and not partisan leaders, with minority party members regularly holding leadership posts, the Nebraska Legislature is largely a meritocracy.
Perhaps most unique about the Nebraska system is how voters elect state senators. Instead of separate, partisan primaries to select Republican and Democratic nominees, Nebraska utilizes a single, nonpartisan open primary. The primary ballot lists all candidates without partisan affiliation. The top two candidates, regardless of party, advance to the general election.
That means that senators elected in the Nebraska system are not strictly beholden to their party and its leadership to get elected and stay in office. Senators can define what “left,” “right” and “center” mean — or don’t mean — instead of letting the party define it for them.
That Nebraska legislators are not bound by party dogma is incredibly empowering. It gives them the space to consider new legislative approaches, and to reach out more broadly in crafting policy. It shakes off the mythology and false assumptions of what it means to be a Republican, Democrat or independent. And it allows elected leaders to vote their conscience, and not be forced into supporting narrow party agendas.
That doesn’t mean Nebraska’s elected leaders are free from partisan politics — far from it. And the pressure is particularly acute since statewide offices and Nebraska’s federal delegation operate under typical partisan rules. What it does mean is that they are able to move the people’s business forward despite those challenges. Which is why they’ve made progress on issues ranging from tax reform to immigration, while the state’s congressional representatives — representing the same constituents — have stuck close to their party’s agendas and shown little leadership on the same issues despite their priority among voters.
That bring us to McDonnell, who in opposing the proposed change to how Nebraska counts electoral votes made a clear statement of conviction: “The idea that the coach calls a timeout with two minutes left and says, ‘I want to change the value of the field goal from three points to four, and that’s how I’m going to win,’ it doesn’t ring true, and that’s not part of Nebraska…If the people of Nebraska want to do it two years out and let whoever wants to run for president of the United States know the rules, I think that would be fair.”
It’s a statement that could have just as easily come from Norris himself.
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Closed primaries, gerrymandering eliminate competition for House seats
Oct 11, 2024
Meyers is executive editor of The Fulcrum.
There are 435 voting members of the House of Representatives. But few of those districts — 55, to be exact — will be decided on Election Day, according to new data from the nonprofit organization Unite America. That’s because the vast majority of races were effectively decided during the primaries.
The research data goes deep into what Unite America calls the “Primary Problem,” in which few Americans are determining winners of House elections.
According to UA, 87 percent of House seats are “safe,” meaning they are noncompetitive and considered a lock to be one by the dominant political party. Voters still get to cast ballots in the general elections for those districts, but the candidates, the political operatives and the media already know how things will turn out because partisan gerrymandering has effectively guaranteed the outcomes.
“In November, blue districts will stay blue and red districts will stay red,” UA states in its analysis.
But gerrymandering only tells part of the story. For a variety of reasons, few people participate in primaries. In fact, according to UA, only 7 percent of voting age Americans cast ballots in those 380 safe-seat primaries.
“These numbers speak to the despair many Americans have that their vote does not seem to matter,” said Unite America Executive Director Nick Troiano.
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The research identified three factors leading to such low participation numbers: closed primaries, uncompetitive primaries and lack of interest.
Many states allow only people who are registered with a political party to vote in partisan primaries, even though the elections are state-funded and -operated. This year, 17.6 million people were not permitted to vote in decisive primaries across 15 states that have closed primaries.
Some states allow voters to participate in primaries even if they are not registered with a party. And four states have eliminated separate, partisan primaries in favor of single-ballot primaries in which all candidates run together. Alaska, California, Louisiana and Washington each have a version of an all-candidate primary, with variations on the number of candidates who advance to the general election.
UA found that in those four states, 29 percent of House seats will be decided in November — triple the percentage of races in states with partisan primaries.
Troiano and Unite America identified a “record number” of 2024 ballot initiatives that would create open primaries in more states. Voters in Arizona, Colorado, Idaho, Montana, Nevada and South Dakota will determine whether to move to open, all-candidate primaries when they cast ballots this fall.
In addition, people in Ohio will vote on whether to establish an independent redistricting commission, which would take mapping out of politicians’ hands. Recent polling indicates the proposal will pass. Currently, nine states use independent redistricting for congressional maps and 10 use them for state legislative redistricting.
“We have an opportunity to usher in a new era of politics where all voters’ voices matter and where our leaders represent a true majority — not just the 7 percent who determine party primaries,” Troiano said.
Among those voters eligible to participate in primaries, many saw ballots with only one candidate running for the dominant party’s nomination (169 out of 380 safe seats).
“In other words, nearly 40% of Congress was effectively elected without having to earn a single vote — leaving 101,486,410 voters (39% of eligible Americans) without a meaningful choice in who represents them,” the report states.
This is the third election cycle in which Unite America has studied these issues, and the “primary problem” is growing.
In 2020, 10 percent of eligible voters effectively elected 83 percent of House members, and in 2022, just 8 percent chose 83 percent, according to UA.. This is happening at a time when more and more Americans are declaring themselves to be independent of political parties.
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What voters need to know about the presidential election
Oct 10, 2024
Becvar is co-publisher of The Fulcrum and executive director of the Bridge Alliance Education Fund. Nevins is co-publisher of The Fulcrum and co-founder and board chairman of the Bridge Alliance Education Fund.
It is quite clear that the presidential election is going to be incredibly close. In each of the seven swing states, the margin of error is less than 2 percent.
As citizens, this is not something to fear and it is critically important that we all trust the election results.
As part of our ongoing series for the Election Overtime Project, today we present a guide explaining in detail what you, as a voter, need to know about the role of state legislatures and Congress in a presidential election. The guide was prepared by the Election Reformers Network, a nonprofit organization championing impartial elections and concrete policy solutions that strengthen American democracy.
Once Election Day has come, state legislators have no role in determining presidential results
- They can pass laws before the election deciding how the state will select its electors (winner-take-all, by congressional district, etc.).
- They cannot change how the state selects its electors after the elections.
- They cannot select a different set of electors than those chosen based on the certified results.
- They do not certify the presidential results in their state.
Candidates and parties
Candidates and/or parties have many opportunities to ensure the accuracy of the count. They have no legitimate grounds to claim they legally won once results showing they did not are final, and all court cases are resolved.
- Candidates and/or parties can designate observers to watch important election processes, in accordance with state law.
- Candidates in close elections can observe and/or request recounts in most states.
- Candidates and parties can contest results in court.
Courts
Elections are conducted according to procedures set by law; courts are the backstop candidates and officials use to ensure the law is followed.
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- Courts can order election boards, canvas boards and similar bodies to certify results if they refuse to do so.
- Courts cannot hear (and must dismiss) challenges if the court lacks the authority to hear the case, if the plaintiff lacks the right to bring the case, or if there is insufficient evidence or legal basis to continue the case.
- Courts can hear and decide challenges to the election results if there is sufficient evidence that the votes were not cast or counted according to law.
Results: Election laws alone determine when results are final
- Media projections have no bearing on the results.
- Whether a candidate concedes has no bearing on the results (though failing to do so can create risks of political violence).
- The election result and selection of electors in a state becomes final when the governor (or other executive per state law) issues the Certificate of Ascertainment within 36 days of Election Day (by Dec. 11).
- The Certificate of Ascertainment is subject to change by court order if there is a successful legal challenge before the meeting of electors (Dec. 17).
Congress
The role of Congress is extremely limited, and Congress does not actually “certify” presidential results.
- Congress can witness the vice president counting — without discretion — each state’s official certificate of electoral votes.
- Members of Congress can object to counting electoral votes on a very limited set of grounds that are extremely unlikely to occur. (For example: Did the elector vote for a president who is over 35, as required by the Constitution?)
- Members of Congress cannot object to the results in any state so long as those results have been certified according to law.
- In the very unlikely event that no candidate wins a majority of electoral votes, the House of Representatives picks the president (with each state's delegation having one vote) and the Senate picks the vice president.
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