There’s been no lack of political commentary as the Presidential campaign has heated up, much of it thoughtful (and lots of it not), but I was struck with a point made in the Bulwark–a point about the systemic, structural issues that so often muffle or stymie the electoral voice of We the People.
In a commentary on the competing theories of the two campaigns, Jonathan Van Last noted that
Trump is running to get to 47 percent. Harris is running to get to 52 percent.
But there’s something deeper going on here.
The reason Trump is aiming for 47 percent is because the Electoral College makes minority rule possible for the rural party. Which incentivizes the rural party to be insular and to focus on energizing—not expanding—its coalition.
By disadvantaging the urban party, the Electoral College incentivizes it to broaden its coalition. Which means that the Democratic party of this moment must be constantly seeking to expand its reach and bring in new constituencies if it is to have a chance at holding executive power.
In other words: The Electoral College distorts the character of our parties, nudging one of them to be a majority-seeking organism and the other to be a base-pleasing organism. The character of our two parties today flows from the system architecture used to allocate power.
Which explains why Trump’s campaign is focused on maneuvering to win the Electoral College, not on trying to build a national majority. Trump doesn’t think he needs to expand his base, despite the fact that it is a minority of American voters. He just needs to energize them. America’s systemic “allocation of power” protects government by the minority. That’s what allowed Donald J. Trump to “win” the Presidency while losing the popular vote by some three million votes.
The Electoral College substantially advantages white rural voters. Research suggests that every rural vote is worth one and a third of every urban vote. Small states already exert disproportionate power by virtue of the fact that every state–no matter how thinly or densely populated–has two Senators. This system adds to that undemocratic advantage.
Trump likes to claim that our elections are rigged. They are–but thanks to the Electoral College and “winner take all” state election laws–they’re rigged in ways that unfairly benefit him. As legal scholars have reminded us, no other advanced democracy in the world uses anything like the Electoral College.
It isn’t just the existence of the College–there’s also the way states implement it.
If we fall short in the current effort to neuter the Electoral College with the Popular Vote Compact, we should mount a national effort to address a less-understood aspect of it’s unfairness: statewide winner-take-all laws. Under these laws (which states adopted to gain political advantage in the nation’s early years, even though it was never suggested by the Founders) most states award all their electors to the candidate with the most popular votes in their state.
That erases all the voters in that state who didn’t vote for the winning candidate. Even if only 50.1% of voters in a state vote for candidate A, the 49.9% of voters who opted for candidate B are unrepresented–all of that state’s Electoral College votes will be cast for candidate A.
It would be far fairer to award Electoral votes proportionally. If 60% of the votes are cast for candidate A, candidate A should get 60% of the state’s electoral votes–not 100%. People in the political minority in a state would suddenly have an incentive to vote–an incentive that doesn’t exist now. Today, absent a “wave” election, a presidential vote by a Democrat in Indiana or a Republican in California simply doesn’t count.
Think about it.
Today, 48 states use winner-take-all. That’s why most are considered comfortably safe for one party or the other. That “safety” leads to the current disenfranchisement of voters in states like Indiana. The only states that matter to either party in a national election are the so-called “battleground” states — especially bigger ones like Pennsylvania, where a swing of a few thousand or even a few hundred votes can shift the entire pot of electors from one candidate to the other. We saw this in 2016, where Trump’s incredibly thin wins in three states (just under 80,000 votes in total over the three states) gave him the White House.
If newly hopeful Democrats can produce a “wave election” in 2024–if they can manage a trifecta at the national level–this systemic unfairness can be changed. The John Lewis Act can be passed. Gerrymandering can be outlawed. Winner-take-all laws can be addressed.
If enough of us vote Blue, we can restore small-d democratic accountability.
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