Study Notes on Electoral College Reform

Author: Robert A. Levy
Source: Cato Policy Report, Mar 1, 2013
Lexile Score: 1240L
Thesis: The current Electoral College system disenfranchises some voters in winner-takes-all states and should be reformed.

The Electoral College is an institution established by the Constitution for electing the president and vice president of the United States.
Each state's electoral votes equal the number of its House of Representatives members plus two for its Senators.
Total Electoral Votes: 538
- 435 from House of Representatives + 100 from Senators + 3 from Washington, D.C. (due to the 23rd Amendment).
To win the presidency, a candidate must secure a majority of electoral votes: 270 or more.
Example: In the 2000 election between George W. Bush and Al Gore, Bush won the presidency despite losing the popular vote, igniting debates about the necessity for reform in electoral processes.

Disenfranchisement: Voters in winner-takes-all states may feel their individual votes do not matter.
Constitutional Structure: The authors note that the Framers designed the Electoral College to minimize the potential for sectionalism and protect minority rights.
- Critics argue this structure favors regions with high voter density, leading to a scenario where smaller states could be overlooked in campaigning.
Majority Rule Myth: Although “one man, one vote” is a democratic ideal, the United States operates as a constitutional republic where political outcomes do not solely rely on majority votes.

National Popular Vote Interstate Compact (NPVIC): A proposed scheme allowing states to award their electoral votes to the presidential candidate who wins the national popular vote.
- This would bypass the need for a constitutional amendment.
State Authority: Article II of the Constitution allows states the discretion of deciding how they allocate electoral votes, thus enabling reforms like NPVIC.
Maine-Nebraska System: Offers an alternative where votes are awarded by congressional district rather than the entire state.
- Process: One electoral vote is assigned per district, with the remaining votes given to the statewide winner.
- Impact: This could incentivize candidates to campaign in states with competitive districts, rather than focusing solely on swing states.

Marginal Candidates: Shifting to district-based voting could increase the influence of marginal candidates who do not have a realistic chance of winning statewide, citing Ross Perot’s performance in 1992 as an example.
Gerrymandering Effects: Under a district system, gerrymandering could affect presidential election outcomes in addition to congressional ones.
Political Resistance: Changes in voting structures would need to be enacted by state legislatures, which may resist reform due to party interests.
- Politicians may favor winner-take-all models due to perceived advantages in electoral outcomes.
Example Analysis: In the 2012 election, while President Obama won the electoral vote 332 to 206, GOP control of state legislatures could lead to a district-based system favoring Republicans in future elections.

Robert Levy endorses the Maine-Nebraska system as a viable compromise that could enhance state campaigning and reduce reliance on a few swing states.
The author emphasizes the importance of exploring alternatives, like the NPVIC, to preserve electoral integrity.

Related Subjects: Election laws, electoral college, U.S. politics and government, voting.