kamino
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National Popular Vote Inc. is a 501(c)(4) non-profit corporation whose specific purpose is to study, analyze and educate the public regarding its proposal to implement a nationwide popular election of the President of the United States. Should we really let the fate of the next president of the United States be placed in the American voter? Sure, the majority of us here on DP are relatively smart, because we actively search and come to conclusions on our own, but what about the rest of America, who knows very little about the U.S. and don’t even care until Election Day. Take a look, maybe we should very seriously think about this, it could change the way we do business forever…
National Popular Vote -- Electoral college reform by direct election of the President
NPV said:The Electoral College
The U.S. Constitution specifies that the President and Vice President of the United States are to be chosen every four years by a small group of people who are individually referred to as “presidential electors.” The electors are collectively referred to as the “Electoral College.”
The Constitution specifies that each state is entitled to one member of the Electoral College for each of its U.S. Representatives and U.S. Senators. Today, there are a total of 538 electoral votes in the Electoral College. This total corresponds to the 435 U.S. Representatives from the 50 states plus the 100 U.S. Senators from the 50 states plus the three members of the Electoral College to which the District of Columbia became entitled under the 23rd Amendment (ratified in 1961). Every 10 years, the 435 U.S. Representatives are reapportioned among the states in accordance with the latest federal census, thereby automatically reapportioning the membership of the Electoral College among the states.
Members of the Electoral College are chosen by each state and the District of Columbia on the Tuesday after the first Monday in November in presidential election years. Each political party nominates its own candidates (typically long-standing party activists) for the position of presidential elector.
The 538 members of the Electoral College cast their votes for President and Vice President in meetings held in the 50 state capitals and the District of Columbia in mid-December of presidential election years. If all 538 electors are appointed, 270 electoral votes (i.e., a majority of 538 members of the Electoral College) are required to elect the President and the Vice President.
The three North Dakota members of the Electoral College met on December 15, 2000, in Bismarck to cast their votes for the Bush-Cheney ticket. Gov. John Hoeven (left) observes former Gov. Ed Schafer put his signature to ballot for Electoral College. The other two electors are former state Senator Bryce Streibel of Fressenden and former Lieutenant Governor Rosemarie Myrdal.
The date for the meeting of the Electoral College is established by federal election law (United States Code. Title 3, chapter 1, section 7). In 2004, the designated day for the meeting of the Electoral College was Monday, December 13. This statute was enacted in 1934 after the 20th Amendment changed the date for the presidential inauguration from March 4 to January 20.
The people have the right, under the U.S. Constitution, to vote for U.S. Representatives. The 17th Amendment (ratified in 1913) gave the people the right to vote for U.S. Senators (who were elected by state legislatures under the original Constitution). The people, however, have no federal constitutional right to vote for President or Vice President or for their state’s members of the Electoral College. Instead, the Constitution (Article II, section 1, clause 2) provides:
“Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress….”
As the U.S. Supreme Court observed in the 1892 case of McPherson v. Blacker:
“The constitution does not provide that the appointment of electors shall be by popular vote, nor that the electors shall be voted for upon a general ticket, nor that the majority of those who exercise the elective franchise can alone choose the electors.” …
“In short, the appointment and mode of appointment of electors belong exclusively to the states under the constitution of the United States.”
In 2000, the U.S. Supreme Court in Bush v. Gore reiterated the principle that the people have no federal constitutional right to vote for President or Vice President or for their state’s members of the Electoral College..
“The individual citizen has no federal constitutional right to vote for electors for the President of the United States unless and until the state legislature chooses a statewide election as the means to implement its power to appoint members of the Electoral College.”
The Constitution’s delegation of power to the states to choose the manner of selecting their members of the Electoral College is unusually unconstrained. It contrasts significantly with the limitations contained in the Constitution on state power over the manner of conducting congressional elections (Article II, section 4, clause 1).
“The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations….”
In a 1919 case involving a state statute entitled “An act granting to women the right to vote for presidential electors,” the Maine Supreme Judicial Court wrote (In re Opinion of the Justices):
“[E]ach state is thereby clothed with the absolute power to appoint electors in such manner as it may see fit, without any interference or control on the part of the federal government, except, of course, in case of attempted discrimination as to race, color, or previous condition of servitude….”
National Popular Vote -- Electoral college reform by direct election of the President
National Popular Vote -- Electoral college reform by direct election of the PresidentNPV said:The National Popular Vote bill
The National Popular Vote bill would guarantee the Presidency to the candidate who receives the most popular votes in all 50 states (and the District of Columbia).
The National Popular Vote bill has been enacted by Hawaii, Illinois, New Jersey, and Maryland. These four states possess 50 electoral votes — 19% of the 270 necessary to bring the law into effect. The bill has passed 21 state legislative chambers, including one house in Arkansas, Colorado, Maine, North Carolina, and Washington, and both houses in California, Hawaii, Illinois, New Jersey, Maryland, Massachusetts, Rhode Island, and Vermont.
The bill is currently endorsed by 1,181 state legislators — 439 sponsors (in 47 states) and an additional 742 legislators who have cast recorded votes in favor of the bill.
The shortcomings of the current system stem from the winner-take-all rule that awards all of a state’s electoral votes to the candidate who receives the most popular votes in each state.
Under the winner-take-all rule, candidates have no reason to poll, visit, advertise, organize, or pay attention to the concerns of states where they are safely ahead or hopelessly behind. Instead, candidates concentrate their attention on a small handful of closely divided "battleground" states. This means that voters in two thirds of the states are ignored in presidential elections. In 2004, candidates concentrated over two-thirds of their money and campaign visits in just five states; over 80% in nine states; and over 99% of their money in just 16 states.
Another shortcoming of the current system is that a candidate can win the Presidency without winning the most popular votes nationwide. A shift of 60,000 votes would have elected Kerry in 2004, even though President Bush was ahead by 3,500,000 votes nationwide.
The U.S. Constitution gives the states exclusive and plenary control over the manner of awarding of their electoral votes. The winner-take-all rule is not in the Constitution. It was not the Founder's choice (having been used by only three states in the nation's first presidential election). Maine and Nebraska currently award electoral votes by district—a reminder that a federal constitutional amendment is not required to change the way the President is elected.
The National Popular Vote bill would take effect only when enacted, in identical form, by states possessing a majority of the electoral votes—that is, enough electoral votes to elect a President (270 of 538). When the bill is enacted in a group of states possessing 270 or more electoral votes, all of the electoral votes from those states would be awarded, as a bloc, to the presidential candidate who receives the most popular votes in all 50 states (and DC).
The bill has been endorsed by the New York Times, Chicago Sun Times, Minneapolis Star-Tribune, Los Angeles Times, Boston Globe, and Sacramento Bee, Common Cause and Fair Vote.
70% of the public has long supported nationwide election of the president.
The National Advisory Board of National Popular Vote includes former congressmen John Anderson (R–Illinois and later independent presidential candidate), John Buchanan (R–Alabama—the first Republican elected to represent Birmingham), Tom Campbell (R–California), and Tom Downey (D–New York), and former Senators Birch Bayh (D–Indiana), David Durenberger (R–Minnesota), and Jake Garn (R–Utah).