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Showing posts with label faithless electors. Show all posts
Showing posts with label faithless electors. Show all posts

Sunday, November 4, 2012

And the Winner Will Be ...


BERJAYA

For as long as I can remember, I have been fascinated by presidential elections.

Mind you, I'm not talking about election campaigns. Modern experience is that political campaigns are nasty, dishonest and undignified — although American history does have a few inspiring tales of elevating campaigns that go a long way toward redeeming the rest.

No, I have never been fascinated by the campaigns. I covered some political campaigns when I was a general assignment reporter, and I know that one political rally is pretty much the same as the next. In fact, with their scripted messages of the day and their identical backdrops, any rallies that take place on the same day really could substitute for any of the others on that evening's news broadcast — and hardly anyone would be the wiser.

What has fascinated me is the numbers that come in on election night, what they say about who we are and what we care about — and the most important numbers of all, of course, the tallies in the Electoral College.

I enjoy analyzing the vote by various demographic groups because it tells us a lot about our priorities, but I guess I have always been more intrigued by the raw state totals that usually determine how each state's electoral votes will be cast. Generations come and go, the faces in the voting lines change but political alliances seldom do.

I suppose that explains why certain states always vote for one party or the other. And I have a healthy respect for the lessons of history.

In the lead–up to this year's elections — in large part, I'm sure, because of our national experience with the recounts of 2000 — some have been openly worrying about the possibility that the popular vote winner will not be the electoral vote winner.

Paul Brandus, for example, recently wrote in The Week about nail–biters in American presidential election history.

And he pointed out something that no one else, to my knowledge, has in this election cycle — the possibility that the electoral vote would be inconclusive and the matter would have to be decided by the Congress.

Brandus wrote about the slim mathematical possibility that both Obama and Romney would finish with 269 electoral votes — one short of the required 270. (Personally, I'm more inclined to believe that a "faithless elector" — or two or three — would prevent a candidate from winning in the Electoral College.)

If that happened, the House would select the president, and the Senate would select the vice president. That is how such an impasse is to be resolved, according to the Constitution.

The catch is that the newly elected Congress — not the one that is presently in power — would make the decisions. Congress has adjourned and is not scheduled to be in session again until January, when the newly elected members will be sworn in.

And their first order of business, in the event of an Electoral College tie, would be to choose the president and vice president.

Most people expect the House to remain in Republican hands — the GOP would have to lose about two dozen seats to lose control of the chamber, which is something that almost never happens (historically), but, in the last three elections, we have seen double–digit seat shifts in the House so it is possible.

However, the fate of the Senate, which is narrowly held by Democrats (who must defend about two–thirds of the seats that will be voted on Tuesday), has been less certain for many observers, but the emerging consensus seems to be the Democrats will hold on to their majority in that chamber.

If that turns out to be the breakdown of the next Congress, Brandus observed, the House would be expected to elect Romney president — and the Senate would be expected to re–elect Vice President Joe Biden. Talk about gridlock.

It's a season for silliness, I suppose. Most of the time, the electoral vote winner is the popular vote winner so, historically speaking, talk of such a split belongs under the heading of worst–case scenario. It is possible but not probable, even in a very close race.

And, usually, a candidate's share of the electoral vote tends to mirror that candidate's share of the popular vote (if not exceed it) as well. But not always. The only requirement for winning a state is to get more votes there than the other guy. It can be by a few hundred votes (see Florida in 2000) or by a million or more (see California, Texas, New York in just about every election in the last 30 years).

For that reason, many political scientists have observed, Democrats (like Al Gore in 2000) may be more vulnerable to a popular vote/electoral vote split because — in recent elections, at least — they have been winning heavily populated states like California and New York by wide margins.

The flip side is that most of the states that are popularly labeled red states these days are primarily smaller states (with the noteworthy exception of Texas) — so if a Republican is winning a majority of the popular vote, recent history suggests that he must be winning (perhaps handily) in the Electoral College because his margins in most states will appear tiny when compared to the Democrat's margins in the larger. more urban states.

(While we're on the topic of silliness, I feel torn between hilarity and horror at the suggestion that the president could postpone the election because of the recent hurricane that devastated the East Coast.

(The Constitution spells out when a federal election is to be held, and only an act of Congress — which is not in session, as I mentioned earlier — could do that. Lawmakers from the interior U.S. almost certainly would sympathize with the plight of the folks in the Northeast but would not see any reason to inconvenience their own constituents, many of whom have already voted early, anyway.

(So I find it hilarious that people even suggest this. It may be in jest or it may be serious. I think both may be at play here because I am sure that at least some are being facetious. But I am inclined to feel horror at the thought that there are citizens out there who not only believe the president possesses such sweeping powers that he can reschedule a national election — but are actually comfortable with one individual having such totalitarian power in a democratic republic.)

Speaking of history, I can't recall a week preceding a presidential election that was quite like last week.

I didn't have access to a wide range of news sources when I was growing up, but I've been online for about 15 years now, and I have witnessed all sorts of columns and articles prior to presidential elections during that time.

And, frankly, I was astonished at the number of post–mortems for the Obama campaign that were appearing in print and online editions of publications last week — almost as if the votes had already been counted.

Steve Huntley of the Chicago Sun–Times wrote that Obama has "eroded" the American dream.

Foremost in these post–mortems was a column by Richard Cohen, who wrote in the Washington Post of watching a documentary about Ethel Kennedy that showed her husband on his trips to Appalachia and Mississippi and how he "brimmed with shock and indignation, with sorrow and sympathy" over the plight of the poor.

Kennedy "was determined," Cohen wrote, "you could see it on his face — to do something about it. I've never seen that look on Barack Obama's face." He lamented that "I once wondered if Obama could be another RFK."

But, Cohen wrote, undoubtedly echoing the thoughts of many, "I wish he was the man I once mistook him for."

Anyway, let's get back to the business at hand.

Back in April, I examined the "emerging electoral map" and tried to explain historical voting patterns.

I started off by dismissing nearly half of the states as sure things for one side or another — and, with only one real exception, I'm standing by that forecast.

Of the sure things, Mitt Romney has 14 states — Alabama (9 electoral votes), Alaska (3), Arkansas (6), Idaho (4), Kansas (6), Kentucky (8), Louisiana (8), Mississippi (6), Nebraska (5), Oklahoma (7), Tennessee (11), Texas (38), Utah (6), Wyoming (3). Total = 120 electoral votes.

Barack Obama has 10 states (and D.C.) — California (55 electoral votes), Connecticut (7), D.C. (3), Hawaii (4), Maryland (10), Massachusetts (11), New York (29), Oregon (7), Rhode Island (4), Vermont (3), Washington (12). Total = 145 electoral votes.

The wild card in that group, I feel, is Oregon.

Yes, I know that Obama carried Oregon by more than 16 percentage points in 2008. And I know Democrats have carried Oregon in six straight presidential elections.

But I'm still doubtful about the state.

Last Monday, The Oregonian reported a six–point lead for Obama in its latest statewide poll.

That may sound good to Obama supporters, conditioned as they have been lately to disappearing leads in states they were counting on carrying, but it actually represents a decline from findings in polls taken in the last three or four months. It isn't a huge decline as these things go — and it falls within the typical margin for error so things may not have changed in Oregon.

But slippage would be in keeping with the apparent pattern in most states.

And, even though seven electoral votes from a single state doesn't mean much when there are 531 electoral votes in the other 49 states and the District of Columbia, seven electoral votes might make all the difference in a race that is expected to be as close as this one is believed to be.

(Personally, I don't think it will be as close as many people do.)

So, while I still predict that Oregon will vote for Obama, I also say that, if it is a very close race, Oregon will bear watching in the late–night hours when the votes on the West Coast are being counted.

I'm still inclined to keep Oregon among the sure things — but, in the shifting political climate, I'm not as sure of it as I was.

I labeled the next group of states the probables — states that are likely to vote in a certain way but, for one reason or another, their eventual leaning will remain unclear until the votes are counted on Tuesday.

Romney had nine states in this group: Arizona (11), Colorado (9), Georgia (16), Indiana (11), Montana (3), North Dakota (3), South Carolina (9), South Dakota (3), West Virginia (5). Total = 70 electoral votes.

I'm inclined to leave those states in the Republican column — including Colorado. Many observers have been listing Colorado as too close to call — but Colorado usually seems to be close. (Well, Obama did carry the state by about nine percentage points in 2008.)

It also seldom votes for Democrats. In the 14 presidential elections before 2008, Colorado only voted for Democrats twice. And it hasn't voted for Democrats in consecutive elections since it supported Franklin Roosevelt in 1932 and 1936.

Most recent polls show either candidate with a one–point lead or the two candidates tied. I expect it will be close on election night, but I'm sticking with my original prediction that Romney will carry the state.

Obama has five states among the probables: Delaware (3), Illinois (20), Maine (4), Minnesota (10), New Jersey (14). Total = 51 electoral votes.

I still think Obama will win those five states, but I'm a little dubious about Minnesota and New Jersey.

Minnesota has a long history of supporting Democrats. It hasn't voted for a Republican since Richard Nixon's 49–state landslide in 1972.

A week ago, though, rumors were rampant that Obama was planning a visit to Minnesota, sparking speculation that Democrats were in trouble there. Obama, preoccupied with Hurricane Sandy, didn't go to Minnesota after all, but former President Bill Clinton came instead.

Minnesota voted for Obama by about 10 percentage points four years ago, and it is hard to imagine that it would flip to the Republicans. But Clinton's presence there about a week before the election can only be interpreted as a sign that Democrats are worried.

My next category was the leaners. Like the probables, they can be expected to vote in a certain way — but the chances that they actually will are less than they are for the probables.

Romney has two states in this group: North Carolina (15), Virginia (13). Total = 28 electoral votes.

They were both regarded as too close to call a few months ago, but I felt Obama effectively lost North Carolina when he announced his support for gay marriage the day after North Carolina voters resoundingly rejected it.

Virginia is still considered too close to call by many. But its support for Obama in 2008 was the first time it had voted for a Democrat in more than 40 years — and Virginia hasn't voted for Democrats in back–to–back elections since the 1940s — all of which leads me to believe Virginia will vote — albeit narrowly — for Romney. Especially if George Allen's Senate race is successful.

Obama also had two states among the leaners: Michigan (16), New Mexico (5). Total = 21 electoral votes.

New Mexico looks like it will remain in the Democrats' column, but I'm not so certain about Michigan. That, after all, is where Romney was born and where his father served as governor. Obama did win the state by more than 800,000 votes in 2008 — and a recent Detroit Newspoll showed Obama in the lead — but that lead, which has been cut in half since early October, was within the margin of error.

Ramussen recently found Obama leading in Michigan with 50%. I think Obama can count on it — but it may be late in the evening before he can secure Michigan's electoral votes.

That gives the following electoral vote totals: Romney = 218, Obama = 217. And it leaves eight battleground states — Florida (29), Iowa (6), Missouri (10), Nevada (6), New Hampshire (4), Ohio (18), Pennsylvania (20), Wisconsin (10) — worth 103 electoral votes.

I designated these states as battlegrounds back in April. Most are still regarded as battlegrounds today; a few are considered reasonably safe for one candidate or another, but I think all are in play to an extent.

Recent polls indicate that Missouri is likely to vote Republican, which would boost Romney's electoral vote total to 228. And, in fact, polls have been suggesting a Romney victory in Missouri was increasingly likely ever since I posted my first glance at the Electoral College.

But the other seven states still are generally regarded as too close to call — even if some polls suggest that one candidate or the other has a modest lead.

So let's look at them, one by one:
  • Florida — The race appears close in Florida, with recent polls showing one– or two–point leads for either candidate. Florida voted for Obama four years ago, but the state hasn't voted for Democrats in consecutive elections since the days of FDR and Harry Truman.

    I think it will be close – no surprise there — but I think it will be in the Republican column. (Romney = 257, Obama = 217)
  • Iowa — The Des Moines Register, which has endorsed Romney, reported Saturday that Obama leads by five points, but he is still below 50%.

    It will probably be tight in Iowa, but I think Obama will carry it. (Romney = 257, Obama = 223)
  • Nevada — With one of the highest unemployment rates in the nation, Nevada seems like fertile ground for Romney, and perhaps it will turn out that way on Tuesday.

    But even though the Las Vegas Review Journal, in a sharply worded editorial, endorsed Romney last Thursday, Obama's lead in Nevada appears to be growing.

    So I will pick Nevada to vote for Obama. (Romney = 257, Obama = 229)
  • New Hampshire — New Hampshire was once considered reliably Republican, but it has voted Democrat in four of the last five elections.

    A recent University of New Hampshire poll found the candidates tied at 48–48. Since undecided voters tend to break for the challenger, I will call this state for Romney. (Romney = 261, Obama = 229)
  • Ohio — It is an article of faith among political observers that no Republican has won the White House without winning Ohio. Sometimes Republicans have lost the national election in spite of winning Ohio (Richard Nixon in 1960, Tom Dewey in 1944).

    Most recent polls — MSNBC, CNN, WeAskAmerica.com — show the president at 50% or better in Ohio. And, without the auto bailout, it is hard to argue that Ohio would be doing as well as it is in the current economic climate.

    It is worth noting that Rasmussen says the race is a dead heat. Perhaps it is.

    But, right now, I'm inclined to pick Ohio to vote for Obama.

    Does that mean Romney will lose? Not necessarily. Twenty years ago, when George H.W. Bush sought a second term, polls showed him leading Bill Clinton in Texas — and political observers pointed out that no Democrat had won the presidency without winning Texas.

    But Clinton was elected president twice — and Obama was elected president once — without the support of Texas. A U.S. presidential election is actually 51 individual elections (50 states and the District of Columbia). If Romney loses Ohio, it is only 18 electoral votes — the fewest Ohio has been worth since the days of Andrew Jackson — and that loss can be made up with victories elsewhere. (Romney = 261, Obama =247)
  • Pennsylvania — I'm sure no one in the Obama campaign thought Pennsylvania would be up for grabs in the closing days of the election, but I predicted it would back in April — and my reason was the strong Republican showing in the state in the 2010 midterm elections.

    Republicans won a U.S. Senate seat and the statehouse.

    Recent surveys by Franklin & Marshall and the Philadelphia Inquirer have Obama leading but with a plurality, not a majority.

    And, since Pennsylvania was assumed to be a lock for Obama, it was spared the barrage of anti–Romney commercials that flooded other battleground states in the spring and summer — so the voters there had few preconceived notions that Romney had to refute

    To be fair, that wasn't an unreasonable conclusion. Pennsylvania voted for Obama by a 10–point margin in 2008, and the state hasn't voted Republican since 1988.

    In a close race, Democrats usually hope for a strong turnout in Democrat–leaning Philadelphia to help them win Pennsylvania. But I wonder just how strong the turnout in Philadelphia will be, given its close proximity to the area that was most directly affected by Hurricane Sandy.

    I believe few, if any, Americans hope that the pain and suffering caused by the hurricane will influence the election in any way, but, if turnout in Philly is lower than usual — and I'm inclined to think it might be — that could tip the balance of power to Romney. And that is what I think will happen. (Romney = 281, Obama = 247)
  • Wisconsin — Usually, Wisconsin could be expected to be even more Democratic than Michigan, perhaps about as Democratic as Minnesota.

    But a couple of things make me think Wisconsin will vote for Romney.

    For one, Wisconsin has been the site of many recent Republican victories — the 2010 election of Scott Walker as governor and the rejection of the recent recall effort, the 2010 election of Republican Ron Johnson to the U.S. Senate, and the shift of two of its eight House seats from Democrat to Republican hands.

    For another, Wisconsin does not usually have a candidate on the national ticket. But this year it has one in Rep. Paul Ryan, who ran 13 percentage points ahead of Obama in his southeast Wisconsin district in 2008.

    I think Wisconsin will vote for Romney. (Romney = 291, Obama = 247)

Sunday, February 7, 2010

What If ... ?

Here's a hypothetical for you to ponder.

What if 60,000 Ohio voters who voted for George W. Bush in 2004 had decided, instead, to vote for John Kerry?

BERJAYAI know the history books tell us that Bush won that election, and it may be hard to imagine him losing, but it wasn't so outlandish at the time. Kerry actually led Bush in public opinion polls through much of the campaign. He had a lot of financial support, and he did well in his debates with Bush.

And if 60,000 Ohioans had voted for Kerry instead of Bush, Kerry would have won the state — and the election.

But Bush, who got less than 50% job approval in two polls of likely voters that were released less than a week before the 2004 election, managed to win because:
  • Bush exploited Kerry's own words on Iraq: "I actually did vote for the $87 billion before I voted against it."
  • the "Swift Boat Veterans for Truth" undermined the qualification for leadership that Kerry emphasized at the national convention — his service during the Vietnam War; and
  • Kerry was vulnerable to the Bush campaign's portrayal of him as a Massachusetts liberal.
At the very least, we would have had practically a reverse of what we had in 2000 — when Bush won the electoral vote but lost the popular vote. Kerry would have finished with 271 electoral votes (assuming there were no "faithless electors"), the same number Bush had four years earlier. Kerry would have lost the popular vote — by an even wider margin than Bush did — and America would have had back–to–back elections in which the president–elect was the winner only in the Electoral College. Bear in mind, though, that, in this scenario, in which only 60,000 votes in Ohio are taken from the Republican nominee and given to the Democratic nominee, the results in none of the other 49 states would be altered. And, while it is reasonable to assume that most, if not all, of those 60,000 Ohio voters also voted for the Republican Senate nominee, incumbent George Voinovich, and other Republicans on the ballot, that is more detail than this scenario calls for. Without knowing where these voters were living in 2004, it is impossible to ascertain which congressional races, if any, might have been affected. But Ohio only has 18 congressional districts, 12 of which elected Republican representatives in 2004; even if all 12 could have been reversed in this scenario (and 60,000 votes would not have been nearly enough to accomplish that), Republicans still would have held the advantage in the House. For that matter, Voinovich would not have been denied re–election if he had lost 60,000 votes. He was re–elected that year by 1.5 million votes. Obviously, the GOP's 55–44 advantage in the Senate would have been unchanged. BERJAYASo this would have had little, if any, influence on the party divisions that existed in Congress. All that can be said is that, if 60,000 votes in Ohio had switched from Bush to Kerry, America would have had divided government from 2005 to 2007. Clearly, certain things that happened during Bush's second term — Hurricane Katrina comes to mind — almost certainly would have happened anyway. Natural disasters happen regardless of who sits in the Oval Office. Whether Kerry would have been more engaged in evacuation efforts and other preparations before Katrina made landfall is something about which we can only speculate. Likewise, it seems to me, the legal battle over Terri Schiavo that took place in the early months of 2005 would have happened whether Bush or Kerry had been elected president. But, without Bush in the White House, I believe Republicans in Congress would have been hesitant to interfere. And I definitely believe Kerry never would have signed the infamous "Palm Sunday Compromise."
Kerry probably would have had to come up with at least one Supreme Court nomination. Chief Justice William Rehnquist died of cancer in September 2005.

And, considering her husband's health problems, it seems likely that Sandra Day O'Connor would have chosen to retire when she did. She was reported, in 2000, to be reluctant to retire while a Democrat was in the White House, but who knows how she might have felt if Kerry had been president and her husband was in the last stages of Alzheimer's disease? She might well have decided her husband was more important than politics.

Whether O'Connor would have decided to retire may be in doubt, but one thing seems certain. If Kerry had been president, Harriet Miers assuredly would not have been nominated to replace her if she had.

For that matter, it seems doubtful that John Roberts would have been Kerry's choice for chief justice. In fact, Kerry was one of the 22 senators who voted against Roberts' confirmation.

Based on the rhetoric of the campaign, I assume that Kerry would have ended American military involvement in Iraq and Afghanistan by the time he would have sought re–election in 2008, which certainly would have eased the budget squeeze to a certain extent.

So I guess the main question that remains is, if Kerry had been elected in 2004, would America have avoided the economic meltdown from which it continues to suffer? That may depend on whether one is inclined to believe that the problems that led to the current recession had been put in motion many years before.

Would Kerry have been able to enact policies that would have spared the nation the anguish of the recession? Or would he have had to ask the nation for a second term while the economy collapsed around him?

And who would have been Kerry's Republican challenger in 2008? Would it have been McCain? If it had been, would Sarah Palin have been his running mate? Or would the Republicans have nominated Mitt Romney under those circumstances?

Whoever got the nomination, would he have been relentless in linking the Kerry administration to the bad economy? And would Kerry have retaliated by trying to make the case that the policies that led to the downturn began under one of the Bushes — or Ronald Reagan?

What would America and the world be like today if 60,000 people in Ohio had chosen Kerry over Bush?

Monday, December 15, 2008

It's Officially Obama

The presidential electors in each state gathered in their state capitols and performed their constitutional duty today.

And, to no one's surprise, Barack Obama has been elected president of the United States.

But I guess it isn't technically official until January 6 — when Congress, in a joint session, calculates the totals for Obama and John McCain. I'm no whiz at math, but I can tell you how it breaks down right now — unless there are one or two "faithless electors" out there (of which I am unaware).

If there are any defectors, that might throw my calculations off a little.

But it shouldn't take long to calculate how 538 votes break down — even for someone as mathematically challenged as I!

Nevertheless, I'm sure it must cost something to perform these tasks that the Constitution has required for more than 200 years — even if it's only the reimbursement of each elector's transportation expenses, meal costs and the price of a night's lodging in each state's capitol.

These aren't phantom electors — numbers to be added and subtracted but nothing tangible. These are real people — and they're the ones who really choose the president and vice president.

Of course, I'm sure the eventual cost involves more than just the basic expenses of getting the electors together. What about the food, lodging and transportation costs, not to mention overtime pay, for anyone who must work because the electors are gathering — i.e., security personnel, maintenance workers at the 50 state capitols and other services providers?

And what about similar costs associated with the joint session of Congress to essentially rubber-stamp the electoral vote?

A joint session of Congress is typically a special occasion — which would suggest out-of-pocket expenses for anyone required to be there.

BERJAYABut, at a time when the American taxpayers are being expected to pick up the tab for billions of dollars in bailouts, it seems an unnecessary burden to ask them to continue to pay for a long-outdated process to select national leaders.

It is the 21st century, not the 18th century.

We can do things that were not possible more than 200 years ago.

It doesn't take weeks or months for news to travel from one place to another anymore.

We have the capability to see what is happening on the other side of the globe at any time of the day or night.

And we can perform tasks faster and more efficiently. More than 130 million people voted in the November election — the highest number on record — and nearly all the votes had been counted within a matter of hours.

Isn't it time to do away with the Electoral College — and let direct popular vote select the president and vice president?

Sunday, July 6, 2008

Who's Getting Your Vote on Election Day?

Perhaps you've been spending the Fourth of July holiday patting yourself on the back for being free and independent.

Are you as free and independent as you think you are?

Most Americans will go to the polls in November believing that they will be voting for Barack Obama or John McCain for president.

But — while the ballot may give them the choice between those two names, as well as the names of third-party candidates — voters actually will be casting their votes for a slate of electors who will choose the next president when the Electoral College convenes in December.

(Actually, the Electoral College never meets as a whole national body. A state's electors meet in their state capital and cast separate ballots for the presidency and the vice presidency. Their votes are reported to Congress, where the final tally is calculated.)

If you go to your polling place planning to vote for a specific candidate, you will — sort of. Your vote will be counted (presumably) in the popular vote tally in your state and in the nation — but the election that will actually choose the next president and vice president will still be about five weeks away — and the only participants will be the electors who are chosen in November.

And, unless there is a virtually unprecedented coincidence, none of the electors will be named Obama or McCain.

A state's number of electors depends on its representation in Congress. Each state has two senators, so each state starts off with two electoral votes. Then, a state gets an additional electoral vote for each congressional district it has. Representation in the House is based on population, so larger states, obviously, have larger electoral vote totals.

Each party nominates its candidates for the Electoral College in the months prior to the election. Their names won't appear on your ballot, but if you vote for Obama, you're actually voting for the slate of electors who were nominated by the Democrats in your state and if you vote for McCain, you're actually voting for the slate of electors who were nominated by the Republicans in your state.

I presume it works the same way for third-party and independent candidates — although it's been 40 years since a third-party/independent candidate received more popular votes in any state than either the Democrat or the Republican.

In America, we have direct democracy in the elections of every official except the president.

To elect a president, we still rely on representative democracy, as we have for more than 200 years.

That, my friend, is how the Electoral College works.

But, even when it appears simple, it really isn't.

The general assumption is that, if a candidate gets the most popular votes in a given state, that candidate will receive all of that state's electors.

And, indeed, most of the time, if a candidate receives more popular votes in a particular state than anyone else, that candidate receives all of the electoral votes.

But the winner-take-all assumption doesn't always hold.

For one thing, there are very few laws that govern the behavior of electors.

A couple of states have made their own rules for voting in the Electoral College. Maine and Nebraska allocate their electoral votes on a proportionate basis. A candidate can win some electoral votes by winning the overall popular vote, and a candidate can win an electoral vote by receiving the most popular votes in a congressional district.

Maine has had this law on the books since 1972, and Nebraska made it a law there in 1992.

It's legally possible for more than one candidate to receive electoral votes from Maine and Nebraska. To date, however, that point of law has been a moot point because none of the congressional districts in either state has voted for the candidate who lost the state's total popular vote.

In a close race, though, it's possible that such a split could occur.

(And, in another interesting twist, I've heard talk recently about legislative efforts in some states that would require the electors of those states to vote for whoever receives the most votes nationally — regardless of which candidate finished first in that state.)

For another thing, there have always been "faithless electors," who vote for someone other than the candidate nominated by their party or who choose not to vote at all. Typically, the "faithless electors" act alone, and they usually appear to abandon campaigns that have already lost — so their support for or opposition to their party's candidate is not seen as critical to the outcome.


BERJAYA

In fact, America had a so-called "faithless elector" in 2004. One of the electors from Minnesota — a state that was carried by John Kerry — voted for Kerry's running mate, John Edwards. (See above.)

And, over the years, there have been other instances of "faithless electors." In 1988, West Virginia voted for the Dukakis-Bentsen ticket over Bush-Quayle, but one of the electors voted for Bentsen, not Dukakis. In 1976, the state of Washington voted for the Ford-Dole ticket over Carter-Mondale, but one of the state's electors voted for Ronald Reagan, who had lost the battle for the Republican nomination to Ford that summer.

The "faithless elector" phenomenon doesn't happen often — but it does happen.

Nearly half of the states have laws on the books now to punish the "faithless electors," although usually parties can rely on a high degree of loyalty from their electors. They were hand-picked by the parties or their nominees, after all.

Such laws are rarely, if ever, enforced. It appears that electors are at a greater risk of being disciplined by the state party than they are of being punished for violating the law if they choose not to vote for the candidate who carried the state in November.

What are some of the arguments for and against continuing to use the Electoral College?

Those who believe it is an antiquated system that should be scrapped and presidents should be elected by direct vote say

  • a candidate can lose the popular vote and still be elected by the Electoral College.

  • under the winner-take-all system, candidates focus their attention and resources on large states where the race is close. Small states, and large states where the outcome is a foregone conclusion, are ignored.

  • participation is discouraged in states where a campaign is not competitive — opponents of the Electoral College say this would be eliminated by direct vote for president because parties would have more incentive to get out their voters everywhere, not just in a few battleground states.

Supporters of the Electoral College say

  • in order to be elected, a candidate must demonstrate a widespread ability to win votes. A Democrat, for example, cannot be elected merely by carrying a handful of large states, like California and New York, where Democrats have been successful on a regular basis in recent years.

  • the power of minority groups is enhanced. They can provide the winning edge in close contests.

  • the system maintains the integrity of the separation of powers in the Constitution.

A lot has been written about the Electoral College in recent years, especially after George W. Bush defeated Al Gore in 2000.

Among those speaking against retaining the Electoral College are

  • New York Times, "Making Votes Count," Aug. 29, 2004.

  • Bradford Plumer, Mother Jones, "The Indefensible Electoral College," Oct. 8, 2004.

Do you want to know more about the Electoral College? Here are some links for that:
And, if you just want to have a little fun, here are some links where you can calculate the electoral votes, based on how you believe each state will vote.

There's a lot more information on the Electoral College out there.

Paul Maslin, writing in Salon.com, speculates about how Obama can reach the magical 270 mark that will give him a majority of the electoral votes.

"Certain cold realities haven't changed," Maslin writes. "Unless there is a popular-vote landslide in November, the presidential election is still best seen as a collection of 50 statewide contests."

And, in those 50 statewide contests, Maslin says he has observed some factors that will be important:

  1. "The number of competitive states has been contracting."

  2. "The number of states that shift markedly from one election to the next has also been contracting."

  3. "In a non-incumbent year with two candidates from regions that have been unrepresented at this level for a long time — the Rust Belt and the Southwest — stronger regional variations could occur."

  4. "Every successful GOP candidate since 1968 has hailed from California or Texas."

  5. "[T]he last two successful Democrats came from the South, a region that had underperformed in previous elections."

  6. "The choice of a vice-president has had a pretty spotty geographic impact in the past five elections."

Recently, there has been a lot of talk on both sides about making the election a 50-state campaign. It would be nice if that were truly possible, but the reality is that — with the Electoral College in place — it simply isn't feasible for either campaign to actively seek votes in certain areas.

That will become even more significant as the days of the campaign begin to dwindle and the focus narrows to the states that are too close to call.

But there is clearly a sentiment out there that the Electoral College has outlived whatever usefulness it had.

Not long ago, Obama paid a visit to North Dakota — the kind of place Democratic candidates never visit during a campaign.

North Dakota has only 3 electoral votes, and it hasn't voted for a Democrat for president in four decades.

It's as surprising to see a Democrat making an appearance in North Dakota as it would be to see McCain scheduling a campaign stop in the District of Columbia — which seldom gives the Democratic nominee less than 80% of its vote.

If the Electoral College were to be abolished and the election depended exclusively on the popular vote, candidates would have to look for votes wherever they could find them.

Perhaps, one day, the Electoral College will be abolished. But it's the procedure that will elect the next president.

And all the presidents in the foreseeable future.