13-5 focus question The Electoral College remains controversial. In this section, we will look at problems and potential solutions.

Electoral College Today One of the least understood parts of the American political process. People vote to elect Presidential electors ELECTORAL COLLEGE TODAY

Constitution provides for each state to have as many electors as it has members in Congress. Today, the electors just go through the form set out in the Constitution. They are not changing the vote of the people. ELECTORAL COLLEGE TODAY

Choosing electors In most states when you vote, The ballot states: The electors for Name of candidate The party choose the electors in most states. CHOOSING ELECTORS

Counting electoral votes 12th Amendment: Electors should meet in their respective states. Meet on the Monday after the second Wednesday in December. Cast their electoral vote for president and vice president. Ballots sent by registered mail to president of the Senate. COUNTING ELECTORAL VOTES

Formal election results and opening of the ballots: January 6 President of Senate opens the ballot and counts them before a joint session of congress. If no candidate has a majority (270/538), election goes to House of Representatives COUNTING ELECTORAL VOTES

Electing a president http://www.youtube.com/watch?v=xr7nZUANy3g& feature=related

HISTORICAL HAPPENINGS House of Representatives decided election in 1800 1824 House chooses a President from among the top three candidates in the Electoral College.

Election of 1824 http://www.youtube.com/watch?v=ako-nzb7pcw

If the House does not choose a president by January 20 In the House of Representatives, each state has one vote and 26 are needed to win. If the House does not choose a president by January 20 20th Amendment provides that the newly elected Vice President shall act as President until a choice is made. COUNTING ELECTORAL VOTES

Senate has had to choose a Vice President only once in 1837. If no person receives a majority of votes for Vice President, the Senate decides between the top two candidates. Senate has had to choose a Vice President only once in 1837. COUNTING ELECTORAL VOTES

Flaws in the Electoral College Three major defects: 1. winner of the popular vote is not guaranteed the presidency. 2. electors are not required to vote how the popular vote was 3. any election might have to be decided in the House of Representatives Introduction to flaws

First major defect The Electoral College operates on winner takes all. Winning candidate in a state gets all of that state’s electoral votes. Example: 2004: George Bush won 51% of popular vote in Ohio; John Kerry received 2.7 million votes from people in Ohio. George Bush took all 20 electoral votes. FIRST MAJOR DEFECT IN ELECTORAL COLLEGE

Popular vote winner has failed to win the presidency four times: 1826 1876 – Rutherford Hayes received 185 electoral votes, his opponent Samuel Tilden won the popular vote and received 184 electoral votes 1888 - Grover Cleveland won the popular vote, but Benjamin Harrison won the electoral vote 2000 George W. Bush v. Al Gore FIRST MAJOR DEFECT

Bush v. Gore 2000 Al Gore: 50,992,335 popular votes George W. Bush: 50,455,156 Bush won 271 electoral votes. Florida had 25 electoral votes and was the deciding state. For five weeks, recounts and problems existed FIRST MAJOR DEFECT

Bush v. Gore http://www.youtube.com/watch?v=KV5deafKcyI&f eature=related

Decision by the court was 5 – 4. US Supreme Court Bush v. Gore, December 12, 2000 Differing ways each county were recounting the votes violated the 14th Amendment’s Equal Protection clause. Bush at that point had a 537 vote lead and received the 25 electoral votes. Decision by the court was 5 – 4. FIRST MAJOR DEFECT

Supreme Court decision http://www.youtube.com/watch?v=lleCj1xG9aA

Second major defect Nothing in the Constitution requires the electors to vote for the candidate favored by the popular vote in their state. Electors have broken “their pledges” on only eleven occasions. This has not had an effect on an election but could have. SECOND MAJOR DEFECT

Third major defect Third parties have threatened to make it impossible for either major party candidate to win a majority in electoral college. 1968 – George Wallace, American Independent Party. Won five southern states and 46 electoral votes THIRD MAJOR DEFECT

In this election, if Democrat Hubert Humphrey had carried Alaska, Delaware, Missouri, Nevada and Wisconsin, where Richard Nixon had a small lead. Nixon’s electoral votes could have been 268.

Problems with the House of Representatives deciding: Voting done by states – a small state would have as much power as a larger state. If the representatives were so divided that no candidate received a majority, the state would lose its vote Constitution requires a majority – 26 states – if there were problems, it is a real possibility that a majority would not exist. THIRD MAJOR DEFECT

DISTRICT PLAN This would do away with the winner take all aspect. Strongest argument against it, the loser of the popular vote could still win the electoral election. In 1960, this would have been Richard Nixon (who lost the popular vote). He would have won the electoral vote. DISTRICT PLAN

Proportional Plan Example: Each presidential candidate would receive the same share of a state’s electoral votes as he or she received in the state’s popular vote. Example: Candidate A wins 40% of votes. State has 20 electoral votes. Candidate A would get 8. PROPORTIONAL PLAN

Odds that an election would go to the House would increase Problems: Small states still have proportionally more power (two Senate seat – representation). Third parties could increase. These parties no longer need to win entire state to get electoral votes. Odds that an election would go to the House would increase PROPORTIONAL PLAN

Direct popular election Do away with the electoral college in favor of direct election of the president. Each vote would count equally in the national result. DIRECT POPULAR ELECTION

This would need a Constitutional Amendment. Problems: This would need a Constitutional Amendment. This process is long and time consuming Smaller states are overrepresented in the electoral college. They would lose this in a direct election. Without their support, it would be difficult to pass an amendment. DIRECT POPULAR ELECTION

Some fear that this could lead to fraud. Some are concerned that being able to campaign effectively would be nearly impossible in each state.

National popular vote plan Could become effective without a constitutional change. 1. Each state would agree that all of the state’s electoral votes are awarded to the winner of the national popular vote. 2. Interstate compact would come into play if a candidate failed to reach 270. POPULAR VOTE PLAN

Defending the Electoral College Problems are over exaggerated. Only two presidential elections have gone to the House of Representatives in 180 years. Loser of the popular vote becoming president has only happened four times over 55 presidential elections. DEFENDING ELECTORAL COLLEGE

Two major strengths: 1. it is a known process. 2. In nearly every instance, the present system identifies the President to be quickly. DEFENDING THE ELECTORAL COLLEGE

CONCLUDING QUESTION Of all of the plans presented in this section, what is the fairest way to elect the President?