Electoral College Reform: Key Concepts and Proposals

Overview of the Electoral College System

  • Electoral College Basics: U.S. presidents and vice presidents are elected indirectly by electors.
  • Constitutional Foundation: Established by Article II, Section 1, Clause 2 of the U.S. Constitution; ratified in its current form by the 12th Amendment in 1804.
  • Majority Requirement: Candidates must obtain the majority of electoral votes (currently 270 out of 538) to win the presidency.
  • Discrepancies in Voting: In 4 historic cases, candidates won the presidency without the majority of the popular vote (1824, 1876, 1888, 2000).

Arguments for Reform

  • Reform of the electoral college is seen as necessary due to the following:
    • Democratic Principle: Critics argue that direct election of presidents serves a democratic ideal better than the electoral college, as all votes would carry equal weight.
    • Contingent Elections: Instances where the House of Representatives decides the election (notably in 1824) highlight flaws in the electoral system.
    • Modern Concerns: Issues such as voter disenfranchisement and electoral misrepresentation are cited as reasons for reform.

Current Reform Proposals

  • Types of Proposed Reforms: Reform measures have evolved into two main categories:
    1. Direct Popular Election: Abolishes the electoral college to directly elect the President and Vice President based on national popular vote.
    2. Modified Electoral College: Retains the electoral college while addressing its perceived defects, such as changing how votes are allocated.
Direct Popular Election
  • Common Advantages Cited:
    • Every vote would be equal and counted directly towards the national result.
    • Elimination of the winner-take-all system, thus preventing some voters from feeling their votes do not matter.
  • Challenges: Critics voice concerns over potential for political fragmentation and the impact on campaigning strategies.
Proposed Constitutional Amendments in 111th Congress
  • H.J.Res. 9 (Every Vote Counts Amendment): Proposes to elect the President and Vice President by popular vote, enabling Congress to legislate election procedures.
  • H.J.Res. 36: Direct election without restrictions on residency.
  • S.J.Res. 4: Direct election with Congress granted expansive powers regarding election procedures and ballot access.

National Popular Vote (NPV) Compact

  • History and Development: NPV campaign initiated to circumvent the electoral college without needing a constitutional amendment.
  • Mechanism: States enter into a compact to award electoral votes to the candidate who wins the most popular votes nationwide once the compact has enough states (totaling 270 electoral votes).
  • Current State Participation: 6 states have adopted the compact as of the report's date, representing 73 electoral votes.

Arguments Against Electoral College Reform

  • Defense of Current System: Supporters assert:
    • The electoral college is a fundamental component of federalism, respecting state roles in governance.
    • It encourages coalition building across diverse regions and political ideologies.
    • Preserves a two-party system that stabilizes American politics.

Summary of Various Reform Plans

  1. Automatic Plan: Allocates electoral votes on a winner-take-all basis simulating the current system but eliminates electors.
  2. District Plan: Maintains electoral college but allocates votes district by district, as seen in Maine and Nebraska.
  3. Proportional Plan: Allocates electoral votes based on the proportion of popular votes garnered by each candidate.

Future Considerations

  • Political Viability: Amendment to the constitution is difficult, requiring broad consensus, which is currently lacking.
  • State Legislative Role: States can lead with reforms though the NPV movement could face legal challenges.
  • Potential for Change: Future amendments or reforms may depend on public sentiment after closely contested elections and perceived failings of the electoral college system.