Electoral College: Reform Proposals in the 109th Congress

  • Electoral College Overview

    • American voters elect the President and Vice President through a system established by constitutional provisions, federal and state laws, and political practices.
    • The Electoral College has worked successfully in 47 of the 51 presidential elections since the 12th Amendment was ratified in 1804.
    • Criticism and proposals for reform have arisen over time due to the occasional election outcomes where the candidate with fewer popular votes wins the presidency (notably in 2000, 1888, and 1876).

  • Reform Proposals in the 109th Congress

    • A total of five relevant proposed amendments aimed to eliminate the electoral college and substitute direct popular election:
    • H.J.Res. 8 (Representative Gene Green) - Called for direct election and Congress to set federal voting standards.
    • H.J.Res. 17 (Representative Eliot Engel) - Similar to H.J.Res. 8, included provisions for voter registration and counting of votes.
    • H.J.Res. 36 (Representative Jesse Jackson, Jr.) - Proposed direct election with a majority requirement.
    • H.J.Res. 50 (Representative Zoe Lofgren) - Followed similar themes as H.J.Res. 8, with additional congressional powers outlined.
    • S.J.Res. 11 (Senators Dianne Feinstein and Barbara Boxer) - Similar to the House proposals but also addressing state residency requirements.
    • None of these amendments progressed beyond referral within Congress.

  • Arguments for Direct Popular Election (Pro)

    • Democratic Principle: Voters would have a direct say in electing the President and Vice President.
    • Equal Vote Weight: Every vote would have equal weight regardless of geographic location.
    • Simplicity: Simplifies the electoral process, removing complexities of the current system.
    • Eliminates Complications: Reduces complications arising from scenarios such as candidate death between election day and results certification.

  • Arguments Against Direct Popular Election (Con)

    • Population Plurality: Candidates could win with as little as 40% of votes, raising concerns about true majority representation.
    • Post-Election Disputes: Concerns that close elections could lead to widespread disputes, similar to those seen in 2000 and 2004.
    • Federalism Impact: The current system maintains a balance between state and federal power in presidential elections.

  • Electoral College Reform Approaches

    • Automatic Plan: Allocates all electoral votes to the winning candidate of each state based on popular vote. A majority is still required to win.
    • District Plan: Assigns one electoral vote to the winner of each congressional district, in addition to two statewide votes.
    • Proportional Plan: Distributes electoral votes in proportion to the popular vote received by each candidate.

  • Concluding Observations

    • A decline in the number of reform proposals has been noted, with fewer attempts to reform the system and proposals becoming increasingly complex.
    • The difficulty of constitutional amendments and the stability of the electoral system appear to ensure its continued presence unless major issues arise that stimulate significant reform efforts.