October 2004

     Election Day is around the corner, so take a moment to think: are you going to vote for John Kerry or George Bush?  Unfortunately, it is a trick question.
 
     Only an elite few will vote for either of those two men.  In fact, regular Texans choose between two competing groups of 34 political party insiders who make up Texas’ electoral college delegations.  Republican or Democratic electors then cast the electoral votes which actually matter.  Strangely, if a candidate wins Texas by one vote or by 1 million votes, the winner gets all 34 electoral votes.
 
     Congressman Brian Baird and I drafted and introduced the Every Vote Counts Amendment to the Constitution to abolish the electoral college.  Section Three reads: “the persons having the greatest number of votes for President and Vice President shall be elected.”  The proposal is democratic and fair.
 
     Why do we conduct our most important election unlike any other?  Our Constitution included the electoral college because in 1787 communications were poor and literacy was low so voters lacked information on out-of-state candidates.  Now communications are instant and literacy is high.  Although John Kerry is from Massachusetts, Texas voters are familiar enough to make a decision.
 
     Disturbingly, the electoral college also has roots in slavery.  Slave-holding states feared direct election because slaves could not vote, whereas electoral votes are based on population.  Thomas Jefferson and other Founders favored direct elections at the original Constitutional Convention in Philadelphia, but these efforts were blocked. 
 
     Beyond the outdated reasons behind the electoral college, there are several compelling reasons to abolish it.
 
     The results of the electoral college can be undemocratic.  In 2000, a few disputed votes in one state determined an election where 50,999,897 Americans voted for Al Gore and 50,456,002 voted for George Bush.  The electoral college failed the will of the majority four times in our history: Al Gore (2000), Samuel Tilden (1888), and Grover Cleveland (1876), and Andrew Jackson (1824) all won the most votes and lost the election.  Defenders of the system based on the last election should remember either party can be a victim.
 
     While presidential races are national, the electoral college confines candidates to swing states.  Both candidates only come to Texas to raise money (or vacation), ignoring ordinary voters.  Under the Every Vote Counts Amendment, every vote carries equal weight in the election.  Our Texas votes would be just as prized as votes in Florida, Pennsylvania, or Iowa.
 
     Having only a few electors with tremendous power also makes mischief possible, because electors are not required to vote for the winner.  In fact, one Republican elector in West Virginia has already threatened to oppose President Bush.  Amazingly, such a completely undemocratic act is completely legal.
 
     Sadly, the electoral college reduces voter turnout.  The media tells us the Texas election was decided years in advance, causing voter apathy and reducing participation in important state and local elections.  The Every Vote Counts Amendment creates incentives for states, counties, and cities to raise turnout to increase their influence in national elections, creating a “race to the top.”
 
     Defenders of the electoral college claim it gives small states greater influence per person than large states.  In reality, candidates ignore small, non-swing states like Rhode Island or Montana, just like they ignore large states like Texas, California, Georgia, and New York.  The electoral college ignores the majority of voters and their issues, but the Every Vote Counts Amendment creates all voters equal, regardless of state.
 
     Supporters of the system from swing states may claim they benefit from the political attention.  This may be true.  But parochial issues should not take precedence over the principle that all votes are created equal.
 
     The Every Vote Counts Amendment will require a two-thirds vote in the House of Representatives, approval by the Senate, and ratification by four-fifths of the states.  It’s a high bar, but I believe our democracy will surpass it.  While awaiting passage of the Every Vote Counts Amendment, each State Legislature can make immediate improvements by assigning their electoral votes to individual Congressional Districts. 
 
     This makes every state competitive, although not as completely as direct election.  Maine and Nebraska already allocate their electoral votes by Congressional District, and Colorado voters will decide on a ballot initiative this November whether to join them.  I encourage citizens to ask their federal and state elected officials to support similar changes in the short term and support the Every Vote Counts Amendment to abolish the electoral college in the long term.