“Wrong Winners”: The Long Past And Perilous Future Of Gaming The Electoral College system
Following another bitter presidential loss, Republicans in several states are pushing for rule changes that would boost their odds in future races — essentially, switching the Electoral College allocation method in Democratic-leaning swing states from the current winner-take-all system to one that would help Republicans capture at least some electoral votes in those battlegrounds.
In the short run, of course, such changes would probably help Republicans siphon off electoral votes in states like Virginia, Ohio, Michigan, and Pennsylvania. But these rule changes would also make a mockery of the concept of fair elections, and harm the twin Republican principles of conservativism and federalism.
Currently, all but two states award Electoral College votes using a winner-take-all system (called the Unit Rule). The Unit Rule is not mandatory. Other methods have been used in the past, including having the state legislature hand out the electoral votes however it sees fit. Another popular alternative method, one that is currently used by Maine and Nebraska, is giving one electoral vote to the winner of each congressional district.
The Unit Rule is widely used today because of its political benefits. In the early days of the republic, it was not clear which system was best. Some politicians were strong proponents of the district-based system — including Thomas Jefferson. But this philosophical position quickly gave way to expediency. When Jefferson ran for president in 1800, his native Virginia transferred over to the Unit Rule to hand Jefferson the full allotment of his home state’s votes.
In the ensuing elections, many states switched allocation methods. Eventually, the trend toward a more democratic system in the 1820s led to the phasing out of the state legislatures’ allocating votes. At the same time, politicians realized that the district system diluted the impact of a state’s vote, and prevented state lawmakers from delivering their entire electoral bounty to their preferred candidate. By 1836, all states except South Carolina used the winner-take-all method.
However, over the years, there have been occasional attempts to switch to a different plan to help various favored candidates. For instance, in 1892, Michigan switched to the district plan to help Grover Cleveland, and then switched back to the Unit Rule for the 1896 election.
Fast forward to the modern day. Since the super-tight 2000 election, there have been numerous attempts to switch the allocation methods of states. Republicans tried to loosen Democrats’ stranglehold on deep-blue California by pushing for a district-based system, which would have been devastating to Democrats. Liberals have made similar noises about revising the laws of North Carolina and Colorado. None of these plans have come fruition.
Since Obama’s landslide victory in November, all of the talk about changing the system — and there has been a lot of it — has been on the Republican side. Thanks to the GOP’s big wins in the 2010 elections, Republicans control the legislatures and the governors’ offices of a number of states that voted for Obama, including Michigan, Pennsylvania, Wisconsin, Ohio, and Virginia. These states are now targets for a switch to the district-based method.
This would clearly damage Democrats’ short-term political prospects. For example, under the system proposed by Virginia, the state’s electoral votes would have gone from 13 for Obama to 9-4 in favor of Mitt Romney — because he won a bunch of congressional districts despite decisively losing the state’s popular vote.
Such rule changes would immediately nationalize state legislative elections. Thanks to their role in gerrymandering, state legislative elections are already receiving increased attention from national figures. If states started fussing with the rules of the Electoral College, this attention would skyrocket. Consider this: In the 2011 Wisconsin recalls of nine state senators, total campaign spending topped $44 million. Imagine how much would be spent if the presidency were thought to be on the line.
From the point of view of federalism, this would destroy the ideal of state governments as “laboratories of democracy.” These state legislative races would no longer focus on local issues — instead, they would be decided by national topics that have nothing to do with an average legislator’s job. We could also expect an increase in recall elections run to gain a majority in a closely divided legislature.
Gerrymandering, already a bipartisan blight on our political system, would only grow in importance. Mid-decade gerrymandering would become the norm. Essentially, every election would become an attempt to game the system.
We’ve actually seen this before. It goes on every four years, as states try to rejigger the rules, and especially the dates, of their presidential nominating contests. It is not pretty, and it is not a good way to run a system.
Another problem is with the conservative ideal of keeping the Electoral College intact. The Electoral College managed to survive the 2000 presidential debacle. Part of the reason was politics, and part of the reason was that there was a clear villain in the process, namely Florida’s botched election system. But yet another part is that whatever the merits of the complaints against the Electoral College, it’s a historic and relatively straightforward process — win a state, win its votes.
Of course, the current electoral allocation method skews attention to swing states, and ignores voters in any states that are solidly blue or red, including three of the four biggest states (California, New York, and Texas). Switching to the district-based system would result in more attention for these states’ local issues. However, the district-based system may be more likely to misfire. It would have increased Bush’s Electoral College totals in 2000, despite his losing the popular vote to Al Gore.
Indeed, the district-based system proposed by Republicans (and occasionally, in the past, Democrats) would actually be designed to increase the likelihood of “wrong winners” — someone who loses the popular vote but wins the presidency.
Can the Electoral College handle being a continual contra-indicator of the national popular vote? It is likely that repeated misfires of the Electoral College would fatally undermine the system. Eventually, if one party is specifically disadvantaged, it would have to go all-in to replace the Electoral College with a national popular vote system. And at some point in the future, a party would accomplish that.
Attempts to game the Electoral College for short-term political gain may temporarily help Republican candidates. But in the long term, they would have a devastating impact on the concept of fair elections, and on the ideals of federalism and conservativism. Republicans would be well advised to consider whether the short-term pleasure is worth the long-term pain.
By: Joshua Spivak, The Week, January 25, 2013
“Rig The Vote”: Deep Inside The Evil Lair Of The Republican Party
If you can’t win by playing fair, cheat.
That seems to be the plan of Republican lawmakers in several battleground states that stubbornly keep going for Democrats during presidential elections. Thanks in part to gerrymandering, many states already have — and will continue to have in the near future — Republican-controlled legislatures.
Republican lawmakers in Michigan, Ohio, Pennsylvania, Virginia and Wisconsin are considering whether to abandon the winner-take-all approach to awarding Electoral College votes and replace it with a proportional allocation.
That change would heavily favor Republican presidential candidates — tilting the voting power away from cities and toward rural areas — and make it more likely that the candidate with the fewest votes over all would win a larger share of electoral votes.
One day I will have to visit the evil lair where they come up with these schemes. They pump them out like a factory. Voter suppression didn’t work in November, and it may even have backfired in some states, so they just devised another devilish plan.
Pete Lund, a Republican state representative in Michigan, “plans to reintroduce legislation that would award all but two of Michigan’s 16 Electoral College votes according to congressional district results,” said an article Friday in The Detroit News.
The paper continued, “The remaining two would go to the candidate winning the statewide majority.”
Lund, who proposed a similar bill in 2012, made Republicans’ intentions completely clear, saying, according to the article: “It got no traction last year. There were people convinced Romney was going to win and this might take (electoral) votes from him.”
These bills are a brazen attempt to alter electoral outcomes and chip away at the very idea of democracy, to the benefit of Republican candidates.
The Detroit News also reported that, according to an analysis by Mark Brewer, the state Democratic Party chairman: “Romney would have gotten nine of Michigan’s electoral votes and Obama would have received seven in 2012 under Lund’s proposal. Instead, Obama garnered all 16 Michigan electoral votes en route to his national tally of 332.”
Meanwhile, Obama beat Romney in the state by a margin of nearly 450,000 votes.
Virginia’s bill is further along than Michigan’s. It’s already being debated.
For reference, although Obama won the state of Virginia and all of its electoral votes last year, as he did in 2008, according to The Roanoke Times on Friday, “If the system had been in effect for the 2012 election, Republican Mitt Romney would have won nine of Virginia’s 13 electoral votes, and President Barack Obama would have won four.” Keep in mind that in November, Obama won the state by almost 150,000 votes.
Republicans in Virginia are just as forthright about their intention to tilt the electoral playing field in their favor.
The Washington Post reported Thursday that the sponsor of Virginia bill’s, Charles W. Carrico Sr., a Republican, “said he wants to give smaller communities a bigger voice.” Carrico told The Post, “The last election, constituents were concerned that it didn’t matter what they did, that more densely populated areas were going to outvote them.”
Yes, you read that right: he wants to make the votes cast for the candidate receiving the fewest votes matter more than those cast for the candidate receiving the most. In Republican Bizarro World, where the “integrity of the vote” is a phrase used to diminish urban votes and in which democracy is only sacrosanct if Republicans are winning, this statement actually makes sense.
David Weigel of Slate explained the point of the Virginia plan this way: “Make the rural vote matter more and make the metro vote count less.”
Luckily, as the Roanoke paper noted Friday, Ralph Smith, the powerful Republican Virginia state senator, isn’t on board:
“Smith said this morning that he opposes the legislation, calling it ‘a bad idea.’ Smith sits on the Senate Privileges and Elections Committee, which will hear the bill next week. Without Smith’s support, it’s unlikely the bill could get to the Senate floor.”
Paul Bibeau, who writes “a blog of dark humor” from Virginia, points out a numerical oddity about the effects of the Virginia law that turns out, upon reflection, to be more stinging than funny: “This bill counts an Obama voter as 3/5 of a person.”
That is because, as Talking Points Memo says, “Obama voters would have received almost exactly 3/5 of the electoral vote compared to their actual population — 30.7 percent of the electoral vote over 51 percent of the popular vote.”
This is not where we should be in 2013, debating whether to pass bills to reduce urban voters to a fraction of the value of other voters and hoping that someone with the power to stop it thinks it’s a “bad idea.”
By: Charles M. Blow, Op-Ed Columnist, The New York Times, January 25, 2013
“A Rigged Democracy”: In The House Of Representatives, Deck Stacked For Republicans
As a new Congress convenes, it has become an unquestioned truth among Republicans that their party has as much of a mandate as President Obama because voters returned them to power in the House.
The mantra has been intoned by John Boehner, Paul Ryan, Mitch McConnell, Newt Gingrich, Grover Norquist and many other party eminences, and there is a certain logic to saying that the voters, by giving Republicans the House, were asking for divided government.
But the claim to represent the voters’ will doesn’t add up.
The final results from the November election were completed Friday, and they show that Democratic candidates for the House outpolled Republicans nationwide by nearly 1.4 million votes and more than a full percentage point — a greater margin than the preliminary figures showed in November. And that’s just the beginning of it: A new analysis finds that even if Democratic congressional candidates won the popular vote by seven percentage points nationwide, they still would not have gained control of the House.
The analysis, by Ian Millhiser at the liberal Center for American Progress using data compiled by the nonpartisan Cook Political Report, finds that even if Democrats were to win the popular vote by a whopping nine percentage points — a political advantage that can’t possibly be maintained year after year — they would have a tenuous eight-seat majority.
In a very real sense, the Republican House majority is impervious to the will of the electorate. Thanks in part to deft redistricting based on the 2010 Census, House Republicans may be protected from the vicissitudes of the voters for the next decade. For Obama and the Democrats, this is an ominous development: The House Republican majority is durable, and it isn’t necessarily sensitive to political pressure and public opinion.
According to the Jan. 4 final tally by Cook’s David Wasserman after all states certified their votes, Democratic House candidates won 59,645,387 votes in November to the Republicans’ 58,283,036, a difference of 1,362,351. On a percentage basis, Democrats won, 49.15 percent to 48.03 percent.
This in itself is an extraordinary result: Only three or four other times in the past century has a party lost the popular vote but won control of the House. But computer-aided gerrymandering is helping to make such undemocratic results the norm — to the decided advantage of Republicans, who controlled state governments in 21 states after the 2010 Census, almost double the 11 for Democrats.
To be sure, Democrats tend to be just as flagrant as Republicans when they have the chance to gerrymander. And the Republican advantage isn’t entirely because of redistricting; Democrats have lopsided majorities in urban clusters, so the overall popular vote overstates their competitiveness in other districts. An analysis by FairVote found that nonpartisan redistricting would only partially close the gap, which comes also from the disappearance of ticket-splitting voters who elected centrist Democrats.
But the 2012 House results show the redrawing of districts to optimize Republican representation clearly had an impact. Consider three states won by Obama in 2012 where Republicans dominated the redistricting: In Pennsylvania, Democrats won just five of 18 House seats; in Virginia, Democrats won three of 11; and in Ohio, Democrats won four of 16.
Using Wasserman’s tally, Millhiser ranked districts by the Republican margin of victory and calculated that for Democrats to have won the 218 seats needed for a House majority they would have had to have added 6.13 percentage points to their popular-vote victory margin of 1.12 points.
To put the Republican advantage in perspective, Democrats could win the House only if they do significantly better than Republicans did in their landslide year of 2010 (when they had a 6.6-point advantage). That’s not impossible — Democrats did it in 2006 and 2008 — but it’s difficult. Republicans don’t have a permanent House majority, but they will go into the next several elections with an automatic head start. For many, the biggest political threat comes not from Democrats but from conservative primary challengers.
In theory, the Supreme Court could decide before then that this rigged system denies Americans fair and effective representation. But this won’t happen anytime soon. For now, Democrats need to recognize that the Republican House majority will respond only sluggishly to the usual levers of democracy.
By: Dana Milbank, Opinion Writer, The Washington Post, January 4, 2012
“New GOP Voter Suppression Strategy”: Gerrymander The Electoral College To Dilute The Influence Of Democratic Voters
For a brief time in the fall of 2011, Pennsylvania GOP Senate Majority Leader Dominic Pileggi unveiled a plan to deliver the bulk of his state’s electoral votes to Mitt Romney. Pileggi wanted Pennsylvania to award its electoral votes not via the winner-take-all system in place in forty-eight states but instead based on the winner of each Congressional district. Republicans, by virtue of controlling the redistricting process, held thirteen of eighteen congressional seats in Pennsylvania following the 2012 election. If Pileggi’s plan would have been in place on November 6, 2012, Romney would’ve captured thirteen of Pennsylvania’s twenty Electoral College votes, even though Obama carried the state with 52 percent of the vote.
In the wake of Romney’s defeat and the backfiring of GOP voter suppression efforts, Pileggi is resurrecting his plan (albeit in a slightly different form) and the idea of gerrymandering the Electoral College to boost the 2016 GOP presidential candidate is spreading to other GOP-controlled battleground states that Obama carried, like Ohio, Virginia and Wisconsin. Thanks to big gains at the state legislative level in 2010, Republicans controlled the redistricting process in twenty states compared to seven for Democrats, drawing legislative and Congressional maps that will benefit their party for the next decade. (The Brennan Center for Justice estimates that Republicans picked up six additional House seats in 2012 due to redistricting.) Republicans now want to extend their redistricting advantage to the presidential realm.
Pileggi’s plan, if implemented in all of the battleground states where Republicans held a majority of House seats, would’ve handed the White House to Romney. According to Think Progress:
Assuming that Mitt Romney won every congressional district that elected a Republican House candidate in these key states, the Corbett/Husted (named after the Pennsylvania governor and Ohio secretary of state) plan would have given Romney 17 electoral votes in Florida, 9 in Michigan, 12 in Ohio, 13 in Pennsylvania, 8 in Virginia, and 5 in Wisconsin—for a total of 64 additional electoral votes.
Add those 64 votes to the 206 votes Romney won legitimately, and it adds up to exactly 270—the amount he needed to win the White House.
According to Dave Wasserman of the Cook Political Report, Republicans currently hold the majority of House seats in thirty states, compared to seventeen for Democrats, giving them a big advantage in any bid to rig the Electoral College.
Take a look at Virginia, where State Senator Charles “Bill” Carrico Sr. introduced legislation to award his state’s electoral votes based on the winner of each Congressional district. Here’s what that would mean, reports ThinkProgress:
With a Republican-controlled redistricting passed earlier this year, Virginia Democrats were heavily packed into three districts. Under these maps, Obama won Virginia by almost a 4 point margin, yet he carried just four Virginia Congressional Districts. Were Carrico’s scheme in place, Mitt Romney would have received seven of Virginia’s 11 electoral votes despite receiving just 47.28% of the vote statewide.
Or take a look at Ohio, where controversial Secretary of State Jon Husted briefly voiced support for a similar plan following the 2012 election. Obama won Ohio by three points, but Republicans control twelve of eighteen congressional seats there, meaning that Romney would’ve netted more electoral votes than Obama if Husted had his way.
The GOP supported voter suppression efforts in 2012 as a way to make the electorate older, whiter and more conservative. But that push backfired when opponents of voter suppression turned out in large numbers for Obama, cementing an electorate that was younger and more diverse than in 2008. The shifting demographics of the country indicate that Obama’s “coalition of the ascendant” will only grow in size in future elections. So Republicans are searching for new ways to dilute the influence of Democratic voters.
Will the GOP’s bid to gerrymander the Electoral College be more successful now than it was last election cycle? Let’s hope not. Pileggi’s plan divided Pennsylvania Republicans and ultimately went nowhere. Husted had to quickly backtrack from his statements due to the national uproar. Here’s an idea for Republicans: instead of diluting the votes of your opposition, how about supporting policies—like immigration reform and a more equitable distribution of taxes—that will win you more votes from a growing chunk of the electorate?
And here’s another idea for both parties: instead of gerrymandering the Electoral College, how about abolishing it altogether?
By: Ari Berman, The Nation, December 10, 2012
“Line-Drawers’ Art”: The GOP’s Gerrymandered Advantages
When Republicans claim that this was a status quo election, they point to their continued hold on the House. The 2012 congressional vote, some have said, didn’t undo the party’s 2010 successes.
True enough, but that’s not because Americans didn’t vote to undo them. It’s because Republicans have so gerrymandered congressional districts in states where they controlled redistricting the past two years that they were able to elude a popular vote that went the Democrats’ way last week.
As The Post’s Aaron Blake reported, Democrats narrowly outpolled Republicans in the total number of votes cast for congressional candidates. The margin varies depending on whether you count the races in which candidates ran unopposed and those in which members of the same party faced off (as happened in several California districts). But any way you count it, the Democrats came out ahead — in everything but the number of House seats they won.
Consider Pennsylvania, where President Obama won 52 percent of the votes cast, and Democratic Sen. Bob Casey defeated his Republican rival, 53 percent to 45 percent. Yet Democrats won just five of that state’s 18 U.S. House seats. They carried both districts in the Philadelphia area — by 85 percent and 89 percent, respectively — and three other districts, by 77, 69 and 61 percent. Of the 13 districts where Republicans prevailed, GOP candidates won seven with less than 60 percent of the vote; in only one district did the Republican candidate’s total exceed 65 percent of the votes cast.
Why such lopsided numbers? Because Republican-controlled redistricting after the 2010 Census packed Democratic voters into a handful of imaginatively shaped districts around Pennsylvania’s urban centers and created a slew of GOP districts in the rest of the state. The overwhelming Democratic margins in the two heavily African American Philadelphia districts didn’t require constructing oddly shaped districts, but carving up the rest of the state to minimize districts that Democrats might win required politically driven line-drawing of the highest order.
So it went in several other swing states. Obama won Ohio by two points, and Democratic Sen. Sherrod Brown won by five, but Democrats emerged with just four of Ohio’s 16 House seats.
In Wisconsin, Obama prevailed by seven points, and Democratic Senate candidate Tammy Baldwin by five, but their party finished with just three of the state’s eight House seats.
In Virginia, Obama and Democratic U.S. Senate candidate Tim Kaine were clear victors, but Democrats won just three of the commonwealth’s 11 House seats. In Florida, Obama eked out a victory and Democratic Sen. Bill Nelson won by 13 points, but Democrats will hold only 10 of the Sunshine State’s 27 House seats.
In these five states, where both Obama and Democratic Senate candidates won, Democrats will hold 25 House seats in the next Congress to the Republicans’ 55. If the control of these House seats reflected the Democrats’ statewide margins in presidential and Senate contests, the Democrats would likely be at parity or in the majority in the new House.
Now, this isn’t to say Democrats don’t play similar games. On Election Day, they picked up five House seats in Illinois after a Democratic-controlled redistricting in 2011, so they will hold 12 of the 18 Illinois House seats come January. But Obama carried his home state by a 16-point margin, and the Democratic pick-ups help create a delegation that fairly reflects the state’s partisan balance.
A model for a fairer war to carve congressional districts — so that they more closely reflect actual voter sentiment — exists in California. Years ago Golden State voters entrusted redistricting to a nonpartisan commission. Last week’s election was the first conducted using the new boundaries. Some longtime incumbents (among them Democrat Howard Berman and Republican David Dreier) were displaced, and some rising constituencies were empowered; California’s new congressional delegation will include five Asian Americans, nine Latinos and 18 women — all Democrats. But no one is arguing that the new members don’t reflect the state’s balance of power. Obama carried California by 21 points; Democratic Sen. Dianne Feinstein won by 23; and Democrats are likely to hold 38 of the state’s 53 seats when the counting concludes (two races are still out).
Republicans love to proclaim their affinity for the marketplace and the genius of competition. But it’s precisely by suppressing competition, and crafting uncompetitive districts, that they maintained their hold on the House last week. Any notion that House Republicans have a mandate of their own that they can bring to a fight with the president is spurious. Their grasp on the House derives not from voter sentiment but almost entirely from the line-drawers’ art.
By: Harold Meyerson, Opinion Writer, The Washington Post, November 13, 2012