Many thanks to Ella for this informative and timely post allowing us to understand the results of the US electoral college

It’s a historic, and inspiring moment. And how wonderful to wake up with the news that tomorrow begins today.

There’s a lot of pudding to be eaten before the proof behind the rhetoric comes through, but what a start. We, the watching, waiting world, eager as a child on Christmas morning, salute you.

The National Popular Vote bill would guarantee the Presidency to the candidate who receives the most popular votes in all 50 states (and DC). The bill would take effect only when enacted by states possessing a majority of the electoral votes (270 of 538). When the bill comes into effect, all the electoral votes from those states would be awarded to the presidential candidate who receives the most popular votes in all 50 states (and DC).

Evidence as to how a nationwide presidential campaign would be run can be found by examining the way presidential candidates currently campaign inside battleground states. Inside Ohio or Florida, the big cities do not receive all the attention. And, the cities of Ohio and Florida certainly do not control the outcome in those states. Because every vote is equal inside Ohio or Florida, presidential candidates avidly seek out voters in small, medium, and large towns. The itineraries of presidential candidates in battleground states (and their allocation of other campaign resources in battleground states) reflect the political reality that every gubernatorial or senatorial candidate in Ohio and Florida already knows–namely that when every vote is equal, the campaign must be run in every part of the state.

Further evidence of the way a nationwide presidential campaign would be run comes from national advertisers who seek out customers in small, medium, and large towns of every small, medium, and large state. A national advertiser does not write off Indiana or Illinois merely because a competitor makes more sales in those particular states. Moreover, a national advertiser enjoying an edge over its competitors in Indiana or Illinois does not stop trying to make additional sales in those states. National advertisers go after every single possible customer, regardless of where the customer is located.

The National Popular Vote bill has been approved by 21 legislative chambers (one house in CO, AR, ME, NC, and WA, and two houses in MD, IL, HI, CA, MA, NJ, RI, and VT). It has been enacted into law in Hawaii, Illinois, New Jersey, and Maryland. These states have 50 (19%) of the 270 electoral votes needed to bring this legislation into effect.

Small states are almost invariably non-competitive in presidential election. Only 1 of the 13 smallest states are battleground states (and only 5 of the 25 smallest states are battlegrounds).

Of the 13 smallest states, Idaho, Montana, Wyoming, North Dakota, South Dakota, and Alaska regularly vote Republican, and Rhode Island, Delaware, Hawaii, Vermont, Maine, and DC regularly vote Democratic. These 12 states together contain 11 million people. Because of the two electoral-vote bonus that each state receives, the 12 non-competitive small states have 40 electoral votes. However, the two-vote bonus is an entirely illusory advantage to the small states. Ohio has 11 million people and has “only” 20 electoral votes. As we all know, the 11 million people in Ohio are the center of attention in presidential campaigns, while the 11 million people in the 12 non-competitive small states are utterly irrelevant. Nationwide election of the President would make each of the voters in the 12 smallest states as important as an Ohio voter.

The fact that the bonus of two electoral votes is an illusory benefit to the small states has been widely recognized by the small states for some time. In 1966, Delaware led a group of 12 predominantly low-population states (North Dakota, South Dakota, Wyoming, Utah, Arkansas, Kansas, Oklahoma, Iowa, Kentucky, Florida, Pennsylvania) in suing New York in the U.S. Supreme Court, arguing that New York’s use of the winner-take-all effectively disenfranchised voters in their states. The Court declined to hear the case (presumably because of the well-established constitutional provision that the manner of awarding electoral votes is exclusively a state decision). Ironically, defendant New York is no longer a battleground state (as it was in the 1960s) and today suffers the very same disenfranchisement as the 12 non-competitive low-population states. A vote in New York is, today, equal to a vote in Wyoming–both are equally worthless and irrelevant in presidential elections.

The concept of a national popular vote for President is far from being politically “radioactive” in small states, because the small states recognize they are the most disadvantaged group of states under the current system.

As of 2008, the National Popular Vote bill has been approved by a total of seven state legislative chambers in small states, including one house in Maine and both houses in Hawaii, Rhode Island, and Vermont. It has been enacted by Hawaii.

Neither of the two most important features of the current system of electing the President (namely, that the voters may vote and the winner-take-all rule) are in the U.S. Constitution. Neither was the choice of the Founders when they went back to their states to organize the nation’s first presidential election.

In 1789, in the nation’s first election, the people had no vote for President in most states, it was necessary to own a substantial amount of property in order to vote, and only 3 states used the winner-take-all rule (awarding all of a state’s electoral vote to the candidate who gets the most votes in the state). Since then, as a result of changes in state laws, the people have the right to vote for presidential electors in 100% of the states, there are no property requirements for voting in any state, and the winner-take-all rule is used by 48 of the 50 states.

My God . . . it took all my willpower to get through the explanation!

It does seem convoluted, doesn’t it? May I add to the confusion with this tidbit: when the electors vote, they vote separately for president and vice president. That goes back to 1800, when Jefferson and Aaron Burr were tied and some sneaks tried to make Burr the president even though Jefferson was the intended candidate for that.

Proportional representation does make sense and that is what we have in Maine and Nebraska with respect to the electoral college. Thankfully, Florida has done away with the hanging chad ballots, but I’m just crossing my fingers tight for all 51 elections until Nov. 6.

Dine out on “federal enclave.” I’d guess no more than .01% of Americans know the District’s legal status and most of us who do are current or former residents.

I’m glad it was helpful!