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PE President Elect
ARTICLES

Electoral College Reform - 2002 Update
by JAMES R WHITSON < james@presidentelect.org >
posted August 19, 2002
read or post comments about this article
Six months after the 2000 election, President Elect posted a report on various Electoral College reforms being proposed in legislatures throughout the United States (Electoral Reform in the 2000 Election Aftermathopen link in new window). With nearly two years since the election, it's time to take another look.

As stated in the 2001 article, it would take a Constitutional amendment to make even the slightest change, let alone scrap the system. And amendments are extremely hard to get passed. That is why any reform of the Electoral College will most likely occur at the state level. The Constitution gives state legislatures some control over the actual mechanics of the system, most importantly, the manner of choosing electors.

Right now, 48 states and the District of Columbia choose their electors using an at-large popular vote (also known as the winner-take-all system). That means that whichever candidate wins the most votes in a state gets all of that state's electoral votes. Two states, Maine and Nebraska, choose their electors using a district popular vote. In this system, the winner of each congressional district wins an electoral vote, and the at-large winner of the entire state gets an additional two electoral votes. The Constitution leaves the method to be used in the hands of the state legislatures.

The National Conference of State Legislatures (NCSL) has created a regularly updated repository, called the Database of Election Reform Legislationopen link in new window, that details what election reform proposals have been considered in the various states . You can search the database by state, by category, or using your own search criteria. Below is a synopsis of some of the proposals that deal with the Electoral College.


"AT-LARGE TO DISTRICT" PROPOSALS
PENDING (2002): California, Massachusetts, Michigan, New Jersey, New York, North Carolina, Pennsylvania
FAILED (2002): California, Minnesota, Missouri, Oklahoma, Tennessee, Virginia, Washington, Wisconsin

FAILED (2001): Colorado, Connecticut, Indiana, Iowa, Louisiana, Maryland, Missouri, Nevada, New Hampshire, New Jersey, New Mexico, North Carolina, Oregon, Texas, Virginia

By far, the most widely proposed reform. Almost all would have an elector chosen from each congressional district and two given to the winner of the statewide popular vote. Wisconsin's would have had an elector chosen from each congressional district and two given to the candidate who won a majority of districts.

"AT-LARGE TO PROPORTIONAL" PROPOSALS
FAILED (2002): Alabama, Vermont, Washington

FAILED (2001): Alabama, West Virginia

The proportional system would allocate electors based on the popular vote percentage received. For example, if you received 40% of the at-large popular vote, you would receive 40% of the electors in that state. The proportional system in Washington would have given electoral votes to the top three candidates. The Vermont plan was a complicated proportional scheme that would make your head hurt just thinking about it! (Check out the NCSLopen link in new window site if you're interested and have your aspirin handy.)

"DISTRICT TO AT-LARGE" PROPOSALS
FAILED (2002): Nebraska:
It's a little surprising that Nebraska considered this, seeing how so many states are mulling a switch towards their system.

"BINDING ELECTORS" PROPOSALS
PASSED (2001): Virginia
PENDING (2002): New York
FAILED (2002): Illinois, Indiana, Minnesota, Rhode Island, West Virginia

FAILED (2001): Arizona, Idaho, Indiana, Iowa, Missouri, New Hampshire, Rhode Island, Texas

Several states already bind their electors to vote as they are expected (see Which Electors Are Bound?open link in new window).

"PUNISHING / REMOVING FAITHLESS ELECTORS" PROPOSALS
PASSED (2001): North Carolina
PENDING (2002): Michigan
FAILED (2002): Indiana

FAILED (2001): Indiana

Many states already have laws aimed at punishing or removing faithless electors. The Michigan and North Carolina proposals increase the penalties already in place. North Carolina's fine for faithless electors has jumped to $10,000!

"POST-ELECTION DISPUTE" PROPOSALS
PASSED (2002): Wyoming

PASSED (2001): North Carolina, Texas

FAILED (2001: Connecticut
These proposals spell out what would happen if the winner of the state was in doubt as the date that electors are required to vote on neared.

"PRO-ELECTORAL COLLEGE" RESOLUTIONS
PASSED (2001): Alaska, Idaho, South Dakota, Virginia
FAILED (2002): South Carolina, Vermont
These bills are basically shows of support for the Electoral College, and ask Congress not to mess with it.

"ANTI-ELECTORAL COLLEGE" RESOLUTIONS
PENDING (2002): Ohio
FAILED (2002): Wisconsin

FAILED (2001): Connecticut

These bills encourage Congress to scrap the Electoral College for a direct nationwide election.

read or post comments about this article
Electoral College Reform - 2002 Update
© James R Whitson, President Elect

If you have any questions, comments, gripes, error reports, corrections, etc.,
feel free to send them to email@presidentelect.org.

original content and graphics unless otherwise noted
© 1999-2002 James R Whitson

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