National Popular Vote -- Electoral college reform by direct election of the President

E-mail newsletter no. 5 of 2006

September 2, 2006

Please Contact Governor Schwarzenegger and Urge Him to Sign Assembly Bill AB 2948 — the “Agreement Among the States to Elect the President by Nationwide Popular Vote”

The California Legislature has just given its final approval to legislation to implement nationwide election of the President. The bill now goes to Governor Arnold Schwarzenegger, who may sign or veto it. Please contact Gov. Schwarzenegger and urge him to sign just-passed bill for National Popular Vote. The Governor's physical address is Governor Arnold Schwarzenegger, State Capitol Building, Sacramento, CA 95814. His phone is 916-445-2841. His fax is 916-445-4633. To send an electronic message, visit http://www.govmail.ca.gov

The bill (AB 2948) would enact the proposed interstate compact called the "Agreement Among the States to Elect the President by National Popular Vote" in California. The bill is sponsored by Assembly members Tom Umberg (chair of the Assembly Elections Committee), Mervyn M. Dymally, John Laird, Loni Hancock, Mark Leno, and Ted W. Lieu and Senator Jack Scott. The bill now goes to Governor Arnold Schwarzenegger, who has until September 30 to act on it. Los Angeles Times story. Sacramento Bee story. AP story. Contact Governor Schwarzenegger — It’s Time to Make California Matter in Presidential Elections.

Assemblyman Rick Keene (Chico) said in the Assembly debate today: " "Frankly the current system does not work. ... Presidential candidates don't bother to visit the largest state in the Union. ... What California thinks doesn't matter. ... We don't matter in the equation. ... We are currently disenfranchised in the process. ... We need to do something about this."

The proposed interstate compact implements a goal favored by 70% and more of the public since the 1940s, namely nationwide popular election of the President. Recent poll results from Arkansas, Missouri, Maine, and Michigan. Gallup Polls results since 1944.

The action in California follows passage of an identical bill by the Colorado State Senate on April 17.

On March 14, The New York Times endorsed National Popular Vote’s plan, calling it an “innovative new proposal" and "an ingenious solution" and saying “Legislatures across the country should get behind it.” On March 1, the Chicago Sun-Times called National Popular Vote’s plan “thinking outside the box” and said “It's time to make the change with this innovative plan.” On March 27, the Minneapolis Star Tribune endorsed National Popular Vote’s plan saying, “the Legislature [should] do the right thing and endorse the new compact.” The National Popular Vote plan was recently endorsed in a Sacramento Bee editorial and Los Angeles Times editorial.

National Popular Vote’s National Advisory Board now includes John Buchanan (R–Alabama), Birch Bayh (D–Indiana), John Anderson (R–Illinois and later Independent presidential candidate), Tom Campbell (R–California), David Durenberger (R–MN), and Jake Garn (R–Utah).

The proposed interstate compact implements nationwide popular election of the President by having states agree to jointly award all of their electoral votes to the presidential candidate receiving the most popular votes in all 50 states and the District of Columbia. The proposed interstate compact would not take effect until identical legislation is enacted by states possessing a majority of the electoral votes (that is, 270 of the 538 electoral votes). Thus, the compact would only take effect when it can guarantee an Electoral College majority to the presidential candidate receiving the most popular votes in all 50 states and the District of Columbia. The proposed compact is described in detail in the book Every Vote Equal: A State-Based Plan For Electing The President By National Popular Vote by John R. Koza, Barry Fadem, Mark Grueskin, Michael S. Mandell, Robert Richie, and Joseph F. Zimmerman. The legislative bills currently pending in various states would enact the compact in those states. National Popular Vote is working to get identical legislation introduced into all 50 states by the start of the 2007 legislative sessions.

The major shortcoming of the current system is that voters in two thirds of the states are effectively disenfranchised in presidential elections because they do not live in closely divided "battleground" states. Presidential candidates concentrate over two-thirds of their advertising money and campaign visits in just six states, and over 99% of their advertising money in just 16 states. The spectator states in presidential elections include six of the nation's 10 most populous states (California, Texas, New York, Illinois, New Jersey, and North Carolina), 12 of the 13 least populous states (all but New Hampshire); and a majority of the medium-sized states. As the Los Angeles Times said in its June 5 editorial endorsing the National Popular Vote plan:

"The Electoral College doesn't skew just election results; it skews elections. Candidates know they don't have to campaign in states that either clearly favor them or clearly don't; they have to focus only on swing states. In the 2004 campaign, Bush and Kerry spent a great deal of time brushing up on agricultural policy and other issues of vital concern in Iowa, while ignoring matters important to people in states such as California, Texas and New York."

As Charlie Cook reported in 2004:

"Senior Bush campaign strategist Matthew Dowd pointed out yesterday that the Bush campaign hadn't taken a national poll in almost two years; instead, it has been polling 18 battleground states."

Kerry similarly pursued an 18-state strategy in 2004. In other words, present-day presidential campaigns simply do not even care about the issues and concerns of voters in two-thirds of the states.

A second shortcoming of the current system is a candidate can win the Presidency without winning the most popular votes nationwide. A shift of 60,000 votes in Ohio in 2004 would have elected Kerry, despite President Bush's 3,500,000-vote nationwide lead. A shift of a handful of votes in one or two states would have elected the second-place candidate in five of the last 12 presidential elections. The second-place candidate was elected in 2000, 1888, 1876, and 1824.

A third shortcoming is that the current system regularly manufactures artificial crises even when the nationwide popular vote is not particularly close. Even though President Bush was 3.5 million votes ahead of Kerry in 2004 on election night, the nation had to wait until Wednesday to see if Kerry would dispute Ohio's all-important 20 electoral votes. Similarly, the disputed 2000 presidential election was an artificial crisis created by one candidate's 537-vote lead in Florida in an election in which the other candidate had a 537,179-vote lead nationwide (1,000 times greater). In the nation's most controversial presidential election, Tilden's lead in 1876 of 3.1% was greater than, for example, Bush's 2.8%-lead in 2004; however, very small margins in five states (889, 922, 1,050, 1,075, and 2,798) created a constitutional crisis. With is a single large pool of 122,000,000 votes, there are fewer opportunities for close outcomes, recounts, and disputes than with 51 separate smaller pools.

All three shortcomings have a single cause-the states' use of the winner-take-all rule that awards all of a state's electoral votes to the candidate winning the state. Nationwide popular election of the President solves all three shortcomings of the current system by making every vote equal, regardless of where it is cast. The winner-take-all rule is not mentioned in the U.S. Constitution. It is not a federal law. It was not the choice of the Founding Fathers. The U.S. Constitution gives the states the power to choose the manner of awarding their electoral votes. When the Founding Fathers returned to their states to organize the nation's first presidential election in 1789, only three states chose to use the winner-take-all rule to award their state's electoral votes. The winner-take-all rule is strictly a matter of state law. A state law may be changed by any state at any time.

On May 25, five Republican New York Assembly members introduced a bill (A11563) to enact National Popular Vote's proposed interstate compact entitled "Agreement Among the States to Elect the President by National Popular Vote" in New York state. The bill in New York is sponsored by Assemblyman Fred W. Thiele, Jr. (Republican, Independence, Working Families – Sag Harbor); Assemblyman Jim Bacalles (Republican, Conservative – Corning); Assemblyman Joe Errigo (Republican, Conservative – Conesus); Assemblyman Andrew Raia (Republican, Conservative, Independence, working Families – East Northport); Assemblywoman Teresa Sayward (Republican, Independence, Conservative – Willsboro).

The bill's sponsor, New York State Assemblyman Fred W. Thiele, Jr. stated, "The election of the President by popular vote is a goal that is supported by more than 70% of the American people. There is no rational reason in the 21st Century why the public should not be permitted to select its President by majority vote. The Electoral College is a 18th Century anachronism that no longer serves the goals of a pure democracy. The enactment of an interstate compact to insure the popular election of the President is a creative and innovative way to attain this goal. New York State, the Empire State should take a leadership role in energizing our democracy."

Also on May 25, Arizona state Sen. Paula Aboud (D–Tucson) announced that she plans to introduce the National Popular Vote plan to reform the Electoral College system into the Arizona Legislature in its next session. "The President of the United States should be the candidate who received the most votes cast by voters, period, and every vote should count the same no matter where it is cast.," said Aboud. "This reform is long overdue and Arizona should set an example for the rest of the country." Press Release

In Vermont, Rep. Warren Kitzmiller (D–Montpelier), Rep. Anne Donahue (R), Rep. Chris Pearson (P–Burlington), and Rep. Daryl Pillsbury (I–Brattleboro) plan on introducing legislation in 2007.

On May 10, The Louisiana House and Governmental Affairs Committee today approved National Popular Vote's bill (HB 927) to enact National Popular Vote's bill in Louisiana. The Committee's action followed testimony in Baton Rouge by former congressman John Buchanan (R–Alabama), bill sponsor State Representative Juan LaFonta (D), and National Popular Vote President Barry Fadem.

On April 25, the Missouri House Elections Committee held an informational hearing on National Popular Vote's bill, hearing testimony from former Congressman John Anderson (R–Illinois and Independent presidential candidate) and John Buchanan (the first Republican to represent Birmingham, Alabama in Congress) and National Popular Vote President Barry Fadem. In Missouri, National Popular Vote's plan (HB 2090) is sponsored by Representative Robert Johnson (R) and Representative Jeff Roorda (D). See St. Louis Post-Dispatch April 27, 2006 article. See St. Louis Post-Dispatch May 11, 2006 article.

Earlier, on April 17, the Colorado State Senate approved National Popular Vote's proposed interstate compact entitled the “Agreement Among the States to Elect the President by National Popular Vote.” Colorado’s Senate thus became the first state legislative house in the nation to pass National Popular Vote's plan for nationwide election of the President. Among the Senators voting for the bill (SB 06-223) were original Senate sponsors Ken Gordon (D), John Evans (R), and Lew Entz (R). On April 14, Senate Majority Leader Ken Gordon said “We're trying to count every vote equally, … We think the president should be the person who gets the majority vote. It's the bedrock of our democracy.” Senator Evan (R–Parker) said on April 14, “This bill addresses some serious flaws in the Electoral College process.”

The Colorado Senate's action followed a favorable vote on the bill’s second reading on April 14 and a favorable vote on April 10 in the Senate Judiciary Committee. At that time, the committee heard testimony from Colorado Common Cause Executive Director Pete Maysmith, National Popular Vote President Barry Fadem, Dr. John R. Koza (originator of the plan), and Colorado attorney Mark Grueskin. On April 19, a Denver Post editorial said it is “time to rethink presidential elections.”

In a statement on April 15 referring to the Colorado Senate’s favorable vote on the bill’s second reading, Senator Gordon said, “This is the bill that would join Colorado in a compact of states who would all agree to send their votes to the person who receives the largest popular vote in the country. The compact only goes into effect if states representing a majority of the Electoral College join. Right now not everyone's vote is equal in electing a President. I think it makes sense to make the President the person who gets the most votes. It is revolutionary, I admit. It is called democracy. I know some people are concerned. It is a big change, and I don't want to discount the concerns of people who feel we should be cautious, but I believe that if the framers of the Constitution were around now they would favor a woman's right to vote, they would oppose slavery and they would support electing the President by majority vote.”

In the Illinois Senate, the bill (SB 2724) is sponsored by Senators Jacqueline Collins (D), Kirk W. Dillard (R and Du Page County Republican Party Chair), James T. Meeks (I). The Senate bill now has seven sponsors. In the Illinois House, the bill is sponsored (HB 5777) by Representatives Robert S. Molaro (D) and Jim Durkin (R). The House bill now has 29 sponsors.

National Popular Vote's plan was announced on February 23 at a press conference at the National Press Club in Washington, featuring former Congressmen John Anderson (R–Illinois and Independent presidential candidate) and John Buchanan (R–Alabama), former Senator Birch Bayh (D–Indiana), Common Cause President Chellie Pingree, FairVote Executive Director Rob Richie, National Popular Vote President Barry Fadem, and Dr. John R. Koza, originator of the plan. At that time, National Popular Vote Press released a book by John R. Koza, Barry Fadem, Mark Grueskin, Michael S. Mandell, Robert Richie, and Joseph F. Zimmerman describing the plan entitled Every Vote Equal: A State-Based Plan For Electing The President By National Popular Vote.

Common Cause supports National Popular Vote’s proposal for the direct election of the President.

Fair Vote — Center for Voting and Democracy — supports National Popular Vote’s proposal for the direct election of the President and has established a Presidential Elections Reform Program

National Popular Vote has met with legislators at ALEC in San Francisco in July 2006, NASS in Santa Fe in July, NCSL in Nashville in August, and CSG in Chicago in August, where Democratic and Republican state legislators chaired a legislative roundtable.

ADDITIONAL INFORMATION ABOUT THE NATIONAL POPULAR VOTE PLAN

Additional information is available at www.NationalPopularVote.com.

The National Popular Vote proposal is described in detail in our 620-page book Every Vote Equal: A State-Based Plan for Electing the President by National Popular Vote. The book is available to be read or downloaded for free at www.every-vote-equal.com. Chapter 1 contains an overview of the National Popular Vote plan. Chapter 6 contains a detailed explanation of the proposed interstate compact entitled “Agreement Among the States to Elect the President by Nationwide Popular Vote.”