In Indianapolis, early voting for the upcoming municipal elections just commenced, and my husband and I dutifully cast our ballots in advance of election day.
After all, we could be hit by a bus or otherwise “snuffed out” between now and the actual date of the election. This way, we’re sure our votes for Mayor and City-County Council will count.
Unlike our votes for President.
Each time we participate in the democratic process, I am reminded of all the ways in which that process has become less democratic. Voter suppression, voter I.D. laws, polls closing at 6:00 pm–there are numerous ways that the Republican super-majority in our state has made casting a vote onerous for everyone, but especially for the minority and working-class folks who tend to vote Democratic.
Indiana isn’t alone. There are so many ways that the party that controls a statehouse can erase the votes of citizens in the opposing party–at least, in Presidential contests. The most pernicious–and probably least understood–is “winner take all.”
The column began with a discussion of the Electoral College, and the changes in the way it works–especially the manner in which we choose Electors– since it was first conceived by Alexander Hamilton. But as the author noted, today’s Electors aren’t the problem.
What really disregards the will of the people is the winner-take-all rule currently used by every state but Maine and Nebraska. Giving all electors to the winner of the statewide popular vote erases the votes of citizens in the political minority — say, the 4.5 million people who voted for Donald Trump in California, or the 3.9 million who voted for Hillary Clinton in Texas. Nationwide, this was the fate of 55 million people in 2016, or 42 percent of the country’s electorate.
The winner-take-all rule encourages campaigns to focus on closely divided battleground states, where a swing of even a few hundred votes can move a huge bloc of electors — creating presidents out of popular-vote losers, like George W. Bush and Donald Trump. This violates the central democratic (or, if you prefer, republican) premises of political equality and majority rule.
What most people don’t realize is that the winner-take-all rule exists nowhere in the Constitution. It’s a pure creation of the states. They can award their electors by congressional district, as Maine and Nebraska do, or in proportion to the state’s popular vote, as several states have considered.
Or, of course, states could award their electoral votes to whoever wins the national popular vote, which would be the result of enough states signing on to the National Vote Compact.
If the Compact cannot reach its target of signatory states having a total of 270 Electoral Votes, my own preference would be a proportionate allocation. If 60% of the votes are cast for candidate A, candidate A gets 60% of the state’s electoral votes–not 100%. People in the political minority in a state would suddenly have an incentive to vote–an incentive that doesn’t exist now. A presidential vote by a Democrat in Indiana or a Republican in California simply doesn’t count.
Allocating votes by Congressional District risks replicating the major flaw of today’s Electoral College–awarding disproportionate weight to less-populated rural areas. (Thanks to population shifts since the Constitution was ratified, today’s Electoral College effectively makes every rural vote worth one and a third of every urban vote.)
The problem is, to work properly, all states would have to make the change to proportional allocation–and that won’t happen. So we’re stuck.
Until we figure a way to get rid of the Electoral College, we will continue to have Presidents elected by–and answerable to–a minority of the voters. I don’t know what you call that, but it isn’t democracy.