The Electoral College: Reform Proposals in the 108th Congress

The Electoral College Overview

  • The Electoral College is a mechanism established by the U.S. Constitution for the election of the President and Vice President.
  • Voters cast ballots, but these votes are translated into electoral votes based on the outcomes within each state.

Historical Context

  • The Electoral College has successfully resolved elections since the adoption of the 12th Amendment in 1804, with uncontested results in 46 of 50 elections.
  • Despite its longevity, the system has faced consistent criticism and reform proposals.

Categories of Reform Proposals

  1. Elimination of the Electoral College
    • Proposals to adopt direct popular voting for President and Vice President.
  2. Reform within the existing Electoral College framework
    • Amendments to improve perceived flaws in the current system.

Key Reform Proposals in the 108th Congress

  • H.J.Res. 28 (Jesse Jackson Jr.)
    • Ensured electors vote based on the state's popular vote majority.
  • H.J.Res. 103 (Gene Green) and H.J.Res. 109 (Jesse Jackson Jr.)
    • Proposed direct popular election of President and Vice President.
  • H.J.Res. 112 (Zoe Lofgren)
    • Suggested a similar direct election model.
  • H.R. 4867 (Peter Deutsch)
    • Aimed to change congressional procedures regarding objection to electoral votes.

Direct Popular Election Details

  • Would replace the current Electoral College with a nationwide popular vote system.
  • Candidates would need to secure a plurality of votes, with plans for a runoff if no candidate exceeds 40%.
  • Emphasizes equal weight of votes regardless of location.

Proposed Electoral College Reforms

  • The Automatic Plan
    • Electoral votes awarded directly to candidates winning the most votes (winner-take-all).
  • The District Plan
    • Awards one electoral vote per congressional district and two for statewide winners (used in Maine and Nebraska).
  • The Proportional Plan
    • Allocates electoral votes based on the percentage of popular votes received.

Arguments For Direct Popular Election

  • Simplifies the election process and ensures that the candidate receiving the most votes wins.
  • Eliminates the complexities of the existing system, such as contingencies under the 12th Amendment.
  • Every voter would have equal influence, enhancing democratic values.

Arguments Against Direct Popular Election

  • Critics argue it undermines the federal character intended by the framers of the Constitution.
  • Potential to create constant nationwide disputes in close elections, causing instability.

Defenses of the Electoral College

  • Provides a federal method involving states directly in the process of electing the President.
  • Encourages broad-based campaigning rather than focusing solely on populous urban areas.
  • The system has maintained political stability across elections despite its criticisms.

Observations and Future Considerations

  • The difficulty in amending the Constitution requires a significant consensus which is currently lacking.
  • Past instances of electoral controversies (e.g., the 2000 election) could lead to future reforms but face high political and constitutional hurdles.