Skip to content
Search

Latest Stories

Follow Us:
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

Official ballots with a chain and lock over them, and the USA flag behind them.

The impact of election fraud claims and voting laws on democracy in the United States. Daniel O. Jamison examines voter suppression concerns, mail-in ballot policies, and the broader political struggle over election integrity.

Getty Images, JJ Gouin

If It Ain’t Broke, Don’t Fix It

For nearly ten years, claims that our elections are riddled with fraud have threatened the foundation of our democratic republic.

It is alleged that Democrats have flooded the country with illegal immigrants who then illegally vote for Democrats. Purportedly to protect the country from this, Republicans seek legislation that would, among other provisions, restrict vote-by-mail, require potentially expensive and onerous proof of citizenship to register to vote, and require potentially expensive photo identification to vote.

Keep ReadingShow less
The Fahey Q&A with Elizabeth Rasmussen

An in-depth interview with Elizabeth Rasmussen of Better Boundaries on Utah’s redistricting battle, Proposition 4, and the fight to protect ballot initiatives, fair maps, and democratic accountability.

The Fahey Q&A with Elizabeth Rasmussen

Since organizing the Voters Not Politicians 2018 ballot initiative that put citizens in charge of drawing Michigan's legislative maps, Fahey has been the founding executive director of The People, which is forming statewide networks to promote government accountability. She regularly interviews colleagues in the world of democracy reform for The Fulcrum.

Elizabeth Rasmussen is the Executive Director for Better Boundaries, a Utah-based organization fighting for fair maps, defending the citizen initiative process, preserving checks and balances, and building a better future. Currently making headlines in the state, Better Boundaries is working to protect Proposition 4, and with it, the rights of Utah voters.

Keep ReadingShow less
A sign that reads, "Voter Registration," hanging from the cieling, pointing to an office with the words, "Voter registration," above its doorway.

The voter registration office at the Nueces County Courthouse in Corpus Christi, Texas on Sept. 11, 2024. Voting rights groups are challenging the state's use of a federal database to check the citizenship status of people on the state's voter roll.

Gabriel Cárdenas for Votebeat

Voting Rights Groups Challenge Texas’ Removal of Potential Noncitizens From the Voter Roll

What happened?

Voting rights groups are suing the Texas Secretary of State’s Office and some county election officials to prevent the removal of voters from the state’s voter roll based on use of a federal database to verify citizenship. They also claim the state failed to crosscheck its own records for proof of citizenship it already possessed before seeking to remove voters.

Keep ReadingShow less
People at voting booths, casing their votes in front of a mural depicting the American flag, a bald eagle flying, and children holding hands in the foreground.

Virginia voters cast their ballots at Robius Elementary School November 4, 2025 in Midlothian, Virginia.

Getty Images, Win McNamee

Fixing Broken Systems: America’s Path Beyond Polarization

"A bad system will beat a good person every time" is a famous quote by Dr. W. Edwards Deming, the American statistician most often credited with the Japanese economic miracle after WWII. Even talented, hardworking people cannot overcome a flawed, dysfunctional, or unfair system, making system improvement more crucial than solely blaming individuals for failures.

Fixing “bad systems” is viewed by political scientists and reform organizations as the primary path to reducing America’s political dysfunction. Current systemic structures often create "misaligned incentives" that reward extreme partisanship and obstruction rather than governance. The most prominent electoral system reforms proposed by experts include:

Keep ReadingShow less