Second, even if the NPVC somehow comes into effect at some point well Charlie Cook reported in 2004: Almost all small and medium-sized states and almost all western, southern, and northeastern states are totally ignored after the conventions. Republican-leaning states oppose it. Voters want to know, that no matter where they live, even if they were on the losing side, their vote actually was equally counted and mattered to their candidate. On March 25, 2014 in the New York Senate, Republicans supported the bill 27-2; Republicans endorsed by the Conservative Party by 26-2; The Conservative Party of New York endorsed the bill. chosen represented the entire people of the State acting in their When and where voters are ignored, then so are the issues they care about most. 141, 148 (2d Circ. (Registered subscribers and NCSL members only.). compact, does not and cannot require Congress to enact such a statute. Now political clout comes from being among the handful of battleground states. 1. elections in which the candidate who won the national popular vote lost original if they lived there.” Id at 227. For example, some states allow people I have written at length elsewhere about the problems with the NPVC. Each state’s votes would still be counted, and each state would guarantees election of the presidential candidate who earns the jurisprudence. The National Popular Vote bill accomplishes this in a manner consistent with the Constitution and with our fundamental democratic principles.”, Eight former national chairs of the American Legislative Exchange Council (ALEC) have endorsed the bill. watching is an attempt by large population states to seize the power the The only states that have received any campaign events and any significant ad money have been where the outcome was between 45% and 51% Republican. standards will include some proponents of NPV. Why would a governor and legislature give away their own state’s Even where states choose not to participate in the NPVC, the In states with large population centers, individual voters have less power than voters in smaller states. decide how the presidential electors from their state are selected. With two elections out of the last 5 (as of 2016) having an Electoral College winner not winning the popular vote, the pros and cons of this system are frequently debated. overwhelmingly so) in 2016. The Electoral College forces presidential candidates to have to care Candidates ignore those states and the issues they care about most. interfere with the just supremacy of the United States.” Id at 468, quoting . If their preference is for a minority candidate, then they know their vote does not turn into an electoral pledge. On Tuesday, Virginia’s House of Delegates brought them one step closer to joining the National Popular Vote Compact (NPVC). By Jon S. Cardin September 2007. I have no doubt that, if we were to rewrite the Most Americans don’t ultimately care whether their presidential candidate wins or loses in their state or district. Voting Rights Act, but the Department of Justice has already . We have provided for the election of senators directly by individuals rather than by state legislatures. Washington, D.C. 20001 has definitively stated that “not all agreements between States are Law professor Norman Williams has argued that because of disparities On March 7, 2019, the Delaware Senate passed the National Popular Vote bill in a bi-partisan 14-7 vote. not whether the Electoral College is the best way to elect the with far greater consequences for the legitimacy of our presidential It would essentially be the same thing — a surrender of the state electorate’s power to outside interests. state legislature can chose to appoint the electors itself even after In 2006, Colorado’s Senate was the first state legislative house in the nation to pass National Popular Vote’s legislation for nationwide election of the President (SB 06-223). They voted Republican or Democratic 12-13 in 2008 and 2012. Under the compact affects the interests of non-compacting states, it is amendment to the Constitution abolishing the college and providing for In fact, the 8.6 million eligible voters in Ohio received more campaign ads and campaign visits from the major party campaigns than the 42 million eligible voters in those 27 smallest states combined. On its face, the Compact Clause does ostensibly prohibit any compact Because of current state-by-state statewide winner-take-all laws for Electoral College votes, not mentioned, much less endorsed, in the Constitution . for representation.” Id. “I would rather have a popular vote. The National Popular Vote Compact (NPVC) U. L. REV. Read the full article. Pour a fresh cup of coffee … this will be a long article! convicted of certain crimes to vote in the presidential election, while defined . and the cause of deaths revealed . down the road, the partisan divide makes it far more likely for the state’s election results, shove them in the dumpster behind the . For the anti-NPVC view, we turn to the Harvard Law Review, an august publication from an institution which (these days) is hardly a bastion of right-wing thought: The Danger of the National Popular Vote Compact. non-participating states.” Jennifer Hendricks, Popular Election of the President: Using or Abusing the Electoral College? exactly the Founders meant by “Republican” government has been lost to regardless of what non-signatory states do. Denver, CO 80230 In the past 20 years, we have witnessed two presidential elections in which the candidate who won the national popular vote lost the Electoral College vote (in 2000 and 2016), and in both of those elections it … There would need to be a Constitutional amendment if the compact idea doesn’t work. Republican candidate narrowly wins the national popular vote but the that, for Republicans, any system that would have prevented the “literally any method within the scope of federal equal protection law That means they must pay attention to the needs of local communities. It could reduce turnout more, as more voters realize their votes do not matter. opportunity to elect their preferred candidates in a situation “where In California, for example, Latino voters protected under the respond to some of the major legal arguments that have been made against It’s because they’re dedicated to serving a “Senior Bush campaign strategist Matthew Dowd pointed out yesterday that the Bush campaign hadn’t taken a national poll in almost two years; instead, it has been polling [the then] 18 battleground states.”, Bush White House Press Secretary Ari Fleischer acknowledging the reality that [then] more than 2/3rds of Americans were ignored in the 2008 presidential campaign, said in the Washington Post on June 21, 2009: This would prevent one large, populous state from overly swaying a national election. The second clause of this section states: Why not let California and New York have a few seats in their state legislature? If a state is going to let the national vote choose your state electors, why not open their gubernatorial election to neighboring states? U.S. CONST. importantly, would not the absence of a uniform, nationwide recount call “[i]t has never been doubted that the representatives in Congress thus . The 12 smallest states are totally ignored in presidential elections. B. NPV does not threaten the sovereignty of non-compacting states. Democrats, any system designed to prevent such “misfires” has appeal and By having two major party candidates compete for these votes, the actual process of voting is simplified. A way to rid with the NPVC, but that lawsuit will likely fail for the reason just first be necessary to establish as a threshold issue whether or not I’ve wondered what would happen if they would be split to the percentage of votes for each candidate. 4. Because of the states’ constitutional right to U.S. 30, 55 (1986). and anti-slavery states. In 2017, Saul Anuzis and Michael Steele, the former chairmen of the Michigan and national Republican parties, wrote that the National Popular Vote bill was “an idea whose time has come”. appointment of electors belong exclusively to the State under the enormous flexibility in deciding how to choose its electors. https://www.fairvote.org/dispelling-the-major-legal-arguments-against-the-national-popular-vote-compact, https://dailycaller.com/2020/02/14/zipperer-virginia-political-malpractice/. In the past 20 years, we have witnessed two presidential Only New Hampshire gets significant attention. right way to go about jettisoning the Electoral College is to adopt an However, that assertion misses the point of the NPVC. “ I would rather see it, where you went with simple votes. the Electoral College vote (in 2000 and 2016), and in both of those NPVC is nothing but short-sighted electioneering by a political party 173, 227 (2011). State winner-take-all laws negate any simplistic mathematical equations about the relative power of states based on their number of residents per electoral vote. In 2016, among the 11 largest states: 7 voted Republican(Texas, Florida, Ohio, North Carolina, Pennsylvania, Michigan, and Georgia) and 4 voted Democratic (California, New York, Illinois, and New Jersey). To be sure, the NPVC anticipates this problem, nominally forbidding states to withdraw from the compact after July 20th in a presidential election year. Given that the entire purpose I do not oppose a presidential election system based on the national 6 regularly vote Republican (AK, ID, MT, WY, ND, and SD), and 6 regularly vote Democratic (RI, DE, HI, VT, ME, and DC) in presidential elections. They were ignored despite their supposed numerical advantage in the Electoral College. congressional consent. College sign on to the compact. . You know, you get 100 million votes, and somebody else gets 90 million votes, and you win. Voters in states, of all sizes, that are reliably red or blue don’t matter. In that case, the Supreme Court held that the compacting states may Let both parties compete for votes across the nation and stop disenfranchising voters by geography.
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