When the Electoral College meets Monday, the State Electors will Annouse their State Presidential Winner, its Detractors hope it Marks the Beginning of the End of a System that Twice this Century has Vaulted the Loser of the Popular Vote to the Presidency.
While Joe Biden (D) scored a Decisive Win over Trump in both the Popular Vote and Electoral College Delagate Vote, the Race came down to Narrow Margins in a Handful of Swing States.
“It's an old, ugly mess that frankly should have been obviated some time ago,” said Virginia House of Delegates Member Mark Levine (D-45th District) who introduced a Bill that would have Virginia Sign on to the National Popular Vote Compact Movement, which will Compel Member States to Award their Electoral Votes to the Winner of the Nationwide Popular Vote.
Levine introduced a Bill to have Virginia Sign on to the Compact. Levine's measure passed the Virginia House earlier this year. Passage by the Senate would bring the Movement 13 Electoral Votes closer to its Goal of enough States with 270 Electorial Votes in the Electoral College.
It already has secured 196 and aims to gain more next year. Advocates hope, perhaps unrealistically, that it will be in place by the next Presidential Election in 2024. The 15 States and DC, Legislatures that have Passed a National Popular Vote Bill since 2007 are All controlled by Democrats: California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maryland, Massachusetts, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont, and Washington.
Under the current System, each State’s Electoral Votes go to the Candidate who Won the Popular Vote in each State, with the Runner-Up getting Nothing. Nebraska and Maine are the only Exceptions, by giving the Winner of each District a Vote.
The Compact is focusing, in 2021, on Virginia and Eight other States: Arizona, Arkansas, Maine, Michigan, Minnesota, Nevada, North Carolina, and Oklahoma. The Initiative has made Progress in those States by Passing at least One Legislative Chamber, but didn't Clear the Finish Line. Success in those States is far from assured.
Of the States Targeted next year, Republicans will Control Both Houses of the Legislature in: Arizona, Arkansas, Michigan, North Carolina and Oklahoma, and One Chamber in Minnesota. Yet even in Nevada, where Democrats Control the Legislature and Governor's Office, the Issue is a Hard Sell.
Nevada Gov. Steve Sisolak, last year, Vetoed a Measure supported by Democratic Lawmakers that would have Committed Nevada to the Compact. The Democratic Governor said the Compact “could diminish the role of smaller states like Nevada in national electoral contests.”
Nevada has been a Battleground State for Several Presidential Election Cycles, including this year. That brought Campaign Stops by Trump and Biden, attention they might Not have lavished on Nevada’s 3 Million Residents if the Current System had Not Existed.
The U.S. is the Only Modern Democracy with such a System, according to the Pew Research Center. Most others Elect their Leader by National Popular Vote or the Parliamentary System in which the Winning Party chooses the Head of Government.
Opponents say the U.S. System Violates the One Person-One Vote Principle, encourages Candidates to Ignore States that are either firmly Democratic or Republican, and gives Disproportionate Power to Voters in just a Few States. But Electoral College Supporters say it adheres to Federalism by Preserving the Role of States in Presidential Elections.
If the Ccompact to Change the System reaches the 270 Threshold, those Supporters might Sue on Constitutional Grounds. The Constitution says Congress must Consent to Interstate Compacts. However, the U.S. Supreme Court has Ruled that some Compacts don't Require Congressional Consent.
“We believe Supreme Court precedents indicate that this additional step is not needed,” National Popular Vote Chairman, John Koza said in an Interview. “Nonetheless, National Popular Vote is working to obtain support for the compact in Congress.”
After Bush and Trump Won the White House Despite Losing the Popular Vote, the Push to Change the System has become more Partisan. “That’s why states that have Democratic majorities are more interested than states with Republican majorities,” said Wendy Underhill, Director of Elections and Redistricting at the National Conference of State Legislatures.
A National Popular Vote Measure, for example, Passed the Republican-controlled New York Senate back then, but didn’t get through the Democrat-controlled Assembly.
Legislatures in the Midwest and South have shied away from Joining the Compact. South Dakota's Legislature even Passed a Resolution this year Condemning it. “The current Electoral College system creates a needed balance between rural and urban interests and ensures that the winning candidate has support from multiple regions of the country,” the Resolution says.
SD State Rep. Tina Mulally (R-35th District), who introduced the Resolution, said in an Email that the Electoral College boosts the Political Influence of Smaller States like South Dakota and Protects the Minority Population. A National Popular Vote, she said, would be "like two wolves and a sheep deciding what’s for dinner.”
NYC Wins When Everyone Can Vote! Michael H. Drucker
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