Monday, December 31, 2007

The Electoral College: Democracy Denied

The Electoral College method of electing the President of the United States is a travesty. Three times in the nation's history the candidate who did not get the most votes has been declared the winner. This is a blatant denial of democracy itself. The Electoral College should be abolished. It could be replaced either by simple popular vote, a second round of voting or by an instant runoff voting (IRV) plan.


An Electoral College system was set up at the Constitutional Convention in 1787 for two main reasons. First, the delegates did not trust the common people to make so important a choice. Indeed, only members of the House of Representatives were to be elected directly by the citizens. Senators and Presidential Electors were chosen by majority vote of the most numerous house of the state legislature, usually called the State Assembly. Second, the Constitution was a bundle of compromises between the thirteen states, each pushing its own specific interest. In order to secure the support of the smaller states, the larger states had to agree to a system that exaggerated the power of the small states in the national election process and kept the decision in the hands of the politicians rather than the voters themselves. This antidemocratic element of our election process is not something to be hallowed; it was simply a crass political bargain in the service of an elitist view of the citizenry.


In 1824, 1876 and 2000 the will of the majority of the American people was thwarted by this unjust system. Andrew Jackson was denied in 1824 in an election that was ultimately decided in the House of Representatives, though he was able to avenge his defeat and unseat John Quincy Adams four years later. Rutherford Hayes won the Electoral Vote over Samuel Tilden in 1876 despite losing by 3% in the popular vote in a chain of events that saw the votes of three states challenged and awarded as part of a backroom deal. (Look up the "Compromise of 1877" for more details about this.) Finally, George W. Bush took the Electoral vote 271-267 over Al Gore amid the famous "hanging chad" controversy and recounts in Florida that were ultimately halted by the Supreme Court. Gore won the popular vote by some 550,000 that year.

Apologists for the Electoral College like to say it makes the candidates pay attention to rural areas or smaller states that would otherwise be ignored. But that's not what it does. It makes them pay attention to states that have close races, regardless of their other characteristics. Republicans ignore the vast rural areas of California and the million votes they could pick up there because the Electoral College vote is winner take all. The Golden State is overwhelmingly Democratic and they would lose the statewide vote anyway. Similarly, Democrats ignore the big urban areas of Texas and the million votes they could gain there because the Lone Star State is so decisively Republican they would still fail to carry it. Instead of trying to pick up millions of such votes in one-sided states they spare no effort and expense to get out 10,000 votes in hotly contested Wisconsin, change 5,000 minds in nip and tuck New Mexico or 3,000 in competitive Delaware. Neither side pays much attention to campaigning in or addressing the issues of any state of the Republican South and Great Plains or most states of the Democratic Northeast or Pacific Coast. What a perversion of democracy it is that 3,000 votes in one place are considered more important than one million in another.

The simplest way to correct the problem would be to declare the winner to be whoever gets the most nationwide votes. We decide our other elections in America that way; why not for the most important election of all? Some object on the grounds that leaders can be elected by only a plurality but without the majority of the votes this way. In multiple-candidate races this has happened several times. Abraham Lincoln in 1860, Woodrow Wilson in 1912 and Bill Clinton in 1992 are three prominent examples. If this is a problem a better way might be to ensure that the national leader begins with the support of at least a majority of the people.

One way to make certain a president has been chosen by the majority is to have a second round "runoff" election. We do this in some states in local and primary elections and France does this in its presidential election. Candidates who finish third or worse are eliminated from the ballot in the runoff. The top two vote-getters square off, usually shortly after the initial contest. This allows people to indicate their support for minor candidates in the general election and then vote between the two most nationally popular ones in the final round. In 2000, for instance, liberals could have voted for Nader and conservatives for Buchanan in the first round and then gravitated to Gore and Bush respectively in the runoff. This method can work but instant runoff voting (IRV) is a better option.

In Instant Runoff Voting the voter marks a first, second, third, and so on choice for an office. If there were four candidates running and no one got a majority, the candidate who finished fourth would be eliminated and his or her voters' second choices would count instead. If neither of the top two yet had a majority the number three finisher would be eliminated and his or her second (or third, if necessary) picks would count, along with those of the already eliminated number four finisher. In this way IRV will determine a majority based on ranked preferences. This system is in use for some elections in Britain, Canada, Australia and San Francisco. You might also see it referred to as rank order, preference voting, or other names. It allows people to vote for minor candidates and still register a preference between the major contenders if their choice finishes down the list. It also saves the time and expense or holding a second round of elections. I like the idea and would like to see it adopted, but any of the three plans mentioned is a huge improvement over the current unjust procedure.

Which ever way is chosen, the overriding priority is to get rid of the undemocratic Electoral College system. Because the practice is part of the Constitution it requires a constitutional amendment to change it. That would need to originate in the Congress and then move to the states for ratification. It's a long and difficult process, but worth it. Let's hope we have seen the last time that the American people's choice for president does not become president.

4 comments:

Paul Myers said...

The reason why Grover Cleveland is remembered as the 22nd and 24th President is because he lost the election of 1888 to Benjamin Harrison. Harrison also lost the popular vote to Cleveland 47.9 percent to 48.6 percent but won the Electoral College 233 to 168.

Yes, it is a travesty. I'm not sure we would have seem much difference in the 1820s, but the election of 1876 probably did more damage to race relations in our country than anything else. All the gains that blacks had gained following the Civil War were wiped out because of that compromised election.

Who knows what would have happened in 1892. Would Cleveland have run again for a third term? Probably not, so one can't predict who might have emerged then, but it might have caused other ramifications further down the road. Would McKinley run earlier? What would that do to Teddy Roosevelt? With two terms under McKinley from 1893 to 1901, Roosevelt would probably not have been a major influence, or would have been relegated to nowhere land because of some back room deal within the Republican party. Instead of being discarded to the Vice Presidency in 1900, which backfired because of the McKinley assassination, we might never have heard of TR.

Then we can all speculate how this world and country would be different if the will of the people had been followed by the popular vote in 2000. Yes, 9/11 would still have happened, but does anyone believe we'd be fighting two different wars in Afghanistan and Iraq?

What's even more amazing is with two elections decided differently by the Electoral College than the popular vote within a time frame of less than 20 years, that something wasn't done back then to rectify the problem.

Steve Natoli said...

Thanks for fact checking. I missed the 1888 election!

Interesting speculations on what might have happened to Theodore Roosevelt. I'm sure he never would have gotten the nomination from the party apparatus had he not succeeded McKinley through assassination. The ramifications of not having TR as president would be enormous.

I agree if Gore had been president there is scant chance we would be in Iraq. The budget might be balanced, too, and Social Security's solvency assured.

Unknown said...

A very rational argument against an irrational system that probably won't be changed in our lifetime. Another consequence of the pandering to small states is the unwillingness of presidential candidates to question the rush to ethanol because of the Iowa caucuses. The net energy gain for the country is rather small while the financial gain to Midwest corn interests is rather high. But it would be political stupidity to go to Iowa and question ethanol.

Steve Natoli said...

Realistic points, Don. I wonder if it happened again in '08 there would finally be enough support to get it changed?
Your ehtanol point is of course valid. A change in the primary process and/or the electoral college could serve to mitigate that.