Ken Obenski’s characterization of the our electoral college system as a “tail-wagging-the-dog” is spot on. (“Saving Democracy” published April 3. So too is his odds making — “unlikely” — for a Constitutional Amendment to rectify the problem. Respectfully, his suggested alternative, the creation of new states, which he admits requires “a majority of Congress to want fair governance” is similarly unlikely.
The shortcomings of the current system of electing the president stem from state-by-state “winner-take-all” laws that have been enacted by state legislatures in 48 states. However, these laws are not required by our Constitution. Because of these winner-take-all statutes, presidential candidates have no reason to pay attention to issues of concern to voters in states where statewide outcomes are a foregone conclusion.
In 2012, 253 general-election campaign events were held in just 12 states, and two-thirds of those events were in just 4 states (Ohio, Florida, Virginia, and Iowa). Thirty-eight states were completely ignored. Similarly, in 2016, almost all campaign events (94%) were in the 12 states where Donald Trump’s support was between 43% and 51%. Two-thirds of those events (273 of 399) were in just 6 states (Ohio, Florida, Virginia, North Carolina, Pennsylvania, and Michigan).
There is another alternative to Mr. Obenski’s, one that has gained traction toward actual achievement – the National Popular Vote Interstate Compact. The compact will guarantee the presidency to the candidate who receives the most popular votes across all 50 states and the District of Columbia. It ensures that every vote, in every state, will matter in every presidential election. The compact is a state-based approach that preserves the Electoral College, state control of elections, and the power of the states to control how the president is elected. No federal constitutional amendment required.
The National Popular Vote bill has been enacted by 16 jurisdictions possessing 195 electoral votes, including four small states (Delaware, Hawaii, Rhode Island, and Vermont), eight medium-sized states (Colorado, Connecticut, Maryland, Massachusetts, New Jersey, New Mexico, Oregon, and Washington), three big states (California, Illinois, and New York), and the District of Columbia. The bill has passed at least one chamber in nine additional states with 88 more electoral votes (Arkansas, Arizona, Maine, Michigan, Minnesota, North Carolina, Nevada, Oklahoma, and Virgina). A total of 3,522 state legislators from all 50 states have endorsed it. The bill will take effect when enacted by states with 75 more electoral votes, enough to elect a president (270 of 538). At that time, every voter in the country will acquire a direct vote for a group of at least 270 presidential electors supporting their choice for president. All of this group of 270-plus presidential electors will be supporters of the candidate who received the most popular votes in all 50 states and DC — thus making that candidate president.
Something to think about.
Edward H. Schulman is a resident of Kailua-Kona.