Skip to content
Search

Latest Stories

Top Stories

Winner-take-all electoral vote system is constitutional, appeals court says

Winner-take-all electoral vote system is constitutional, appeals court says
Kameleon007/Getty Images

Republicans in California and Democrats in Texas might not like how their state awards electoral votes, but the winner-take-all system used in 48 states is constitutional, a federal appeals court has ruled.

The League of United Latin American Citizens has challenged the winner-take-all system for awarding the 38 votes from Texas, the second biggest Electoral College prize, arguing it violates the Constitution's guarantees of equal protection and freedom of association to voters from the losing political party. (That's been the state's Democrats in 10 straight presidential contests and is likely to be them again this fall.)

LULAC has filed similar suits in California, Massachusetts and South Carolina in the hopes of compelling states to award electoral votes proportionally based on popular vote totals, a form of the system now used only in Nebraska and Maine.


The four states are in different federal circuits, so different rulings from different appeals courts could eventually push the Supreme Court to provide the ultimate answer.

In the Texas case, on Wednesday a three-judge panel of the Fifth Circuit Court of Appeals rejected the Texas lawsuit by citing, among other things, a 1969 Supreme Court ruling that upheld Virginia's winner-take-all system.

LULAC's argument centered on how the current system disincentivizes Democratic voters to turn out in presidential elections since the popular vote goes so predictably to the Republican nominee. The system also creates an environment where presidential candidates ignore Texas voters in favor of campaigning in swing states.

The court rejected those arguments, saying voters of the minority party may not like the winner-take-all process but it doesn't block their ballot access.

"There is a critical distinction between a system that diminishes voters' motivation to participate and one that burdens their ability to do so," Judge Jerry Smith, a Reagan appointee, wrote in a unanimous opinion. Although the winner-take-all system "may indirectly decrease the incentive of members of perennially losing political parties to vote," he continued, "it does not hinder their actual ability to vote."

LULAC "will continue to fight to make sure every American citizen's right to is enforced and that their vote counts," Domingo Garcia, the group's president, said in a statement. "Winner-Take-All electoral politics is a rigged system that dilutes the votes of Latinos and other minorities in states like Texas, California, Massachusetts and South Carolina."


Read More

Person looking at computer screen at work.

Brenda Núñez, voter registration supervisor for Nueces County, shows the home screen of the state's voter registration system in 2024. Election officials say they're still struggling to use the system, known as TEAM, to complete essential tasks.

(==Gabriel Cárdenas for Votebeat

Election Officials Are Scrambling To Process Voter Registration Backlog Using a System They Say Does Not Work

At 6 p.m. a few days after the state sent Randall County election administrator Shannon Lackey a backlog of 3,388 of voter registration records, she was still at her desk, processing them after a full day of work.

She planned to stay late and get as much done as she could, then keep working from home. Lackey, whose department has five employees, isn’t expecting overtime pay or compensatory time off to make up for the extra work caused by the state error.

Keep ReadingShow less
multiethnic American voters participating in the US election, showcasing the concept of choice in a democracy

Presidents who lost the popular vote often faced economic turmoil. See the pattern from Harrison to Trump and how a 50-state strategy could change it.

Alan Mazzocco/Getty Images

Path Forward from Economic Consequences of Non-Popular Vote Presidents

While losing the popular vote does not inherently cause economic ruin, the structural political weakness of entering office without a democratic majority mandate often compounded the economic challenges their administrations faced. These terms were marked by distinct economic hardships, structural imbalances, or severe financial crises.

Destabilizing Partisan Protectionism

Keep ReadingShow less
people filling out their ballots at voting booths and submitting their vote.

Independent voters may hand Democrats control of Congress this fall — but as history shows, they'll get nothing in return. Here's how to change that.

Pressmaster/Getty Images

Swinging Outcomes Is Not Enough

The midterms are six weeks away, and polls predict that independent voters, who broke for Donald Trump in 2024, are planning on voting for Democrats by wide margins. Among Latinos, the numbers are staggering, to the point that the Republican gerrymanders in Florida and Texas may actually result in Democratic victories.

If the Democrats take control of Congress, it will be because of independents. And what do independents get in return?

Keep ReadingShow less
Diverse People At Voting Booth. Vote Here Elections Sign

A political scientist examines how automatic voter registration is quietly turning non-affiliation into America's largest voting bloc.

AndreyPopov/Getty Images

When Neither Party Is the Default: Rethinking Representation As America’s Electorate Changes

For most of my career as a political scientist, representation was the central theme of my teaching and research. Early on, I studied how legislators understood their responsibilities to constituents — whether they saw themselves as delegates carrying out constituent mandates, trustees exercising independent judgment, or politicos combining both. That work asked a question that still matters: What does it mean to represent the public in a changing democracy?

Today I find myself asking a related question: What happens when the electorate changes but the institutions built to represent it do not?

Keep ReadingShow less