That Electoral College

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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Appalling..And Telling

Wow. Just…wow.

I have repeatedly attributed America’s polarization to my perception that MAGA folks occupy an alternate reality–an environment where Democrats drink kids’ blood in a pizza parlor’s (non-existent) basement and a mysterious figure known as “Q” will emerge to save the world from a nefarious (non-existent) “deep state.” But recently, the Guardian reported on an even more troubling refusal to confront a reality that is rapidly becoming too obvious for sane folks to ignore.

According to that report, nearly one in four members of Congress dismiss the reality of climate change. The paper identified a total of 123 elected federal representatives – 100 in the House of Representatives and 23 US senators – who continue to deny the existence of human-caused climate change.

You will not be surprised to learn that they are all Republicans. Every single one.

According to a Center for American Progress report, those climate-change-denying lawmakers have been rewarded with a combined $52m in lifetime campaign donations from the fossil fuel industry, so it is difficult to tell whether they are profoundly anti-science (and, arguably, intellectually unfit to hold elective office) or simply corrupt.(Ethically unfit.)

Meanwhile, rational folks–especially those with children and grandchildren who will have to navagate an increasingly hostile environment–want government to take measures to ameliorate the threat.

And that threat–despite GOP insanity–is very real. In the same issue of the Guardian that contained the report on Republican climate denial, there was a brief story about photos taken by British tourists at the same spot in the Swiss Alps. The photos were taken almost exactly 15 years apart and highlighted the speed with which global heating is melting glaciers.

i talk a lot about culture war on this blog. Because I’m a recovering lawyer and a past Executive Director of Indiana’s ACLU, those discussions have disproportionately focused on the threat culture warriors like Micah Beckwith and Jim Banks pose to civil liberties, especially (but certainly not exclusively) the threat that these American theocrats pose to genuine religious liberty. That threat is very real, but–as the Guardian report makes abundantly clear–adherence to a worldview that excludes empirical evidence isn’t just an affront to the Constitution. It’s suicidal.

Over the past few years, we’ve read headlines like this one from the Telegraph: “Congressman says God will save us from climate change.” (At least he admitted that climate change exists, so I suppose that’s a point in his favor…)

A Republican congressman who believes that global warming is not a threat because God has promised not to destroy the Earth has put himself forward as chairman of a powerful committee that deals with energy policy and its effect on the environment.

John Shimkus, an evangelical Christian representing Illinois, quoted the Bible in a congressional hearing last year on a proposed “cap and trade” legislation designed to limit carbon emissions…

Shimkus isn’t the only Republican culture warrior who relies on God to fix those pesky climate problems. That reliancee is nothing new, either–in 2017, Time Magazine reported

A Republican congressman told his constituents that he believes God will “take care of” climate change if it proves to be a “real problem.”

Michigan Rep. Tim Walberg said during a town hall in Coldwater, Mich., on Friday that while he believes climate change is real, it is not something for humans to solve.

Subsequent evidence of intensifying bad weather hasn’t challenged Walberg’s belief that God will take care of the problem, so mankind need not bother. Not long after then-President Trump withdrew the U.S. from the Paris Agreement, Walberg told his constituents that if it turned into a “real” problem, God would “take care of” climate change.

So here we are, with an entire political party that rejects science and empirical evidence  (including the evidence of their own “lying eyes”) in favor of fundamentalist religious dogma. (It should go without saying that such dogma is hotly contested by more rational religious figures–the Pope, for one, has issued an Encyclical urging action on climate change.) 

This rejection of evidence–this wholesale dismissal of science and logic and expertise– is an underappreciated threat posed by MAGA culture warriors. Fully one-fourth of currently-serving American legislators have opted to live in–and defend–an alternate reality. These people shouldn’t be in government. To a significant extent, they owe their elections to Republican gerrymandering, but voter apathy has also been a contributor.

A Blue wave would sweep at least some of these people out of office, and would facilitate government action on the environment. By humans.

Another reason to vote Blue…..

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A Rising Tide

A few nights ago, I cohosted a fundraiser for Jennifer McCormick, the Democratic candidate for governor of Indiana. I also had the privilege of introducing her to a large and enthusiastic crowd of attendees. As I said in those brief introductory remarks–and as I have previously noted here– this year, the Indiana Democratic Party is running an absolutely first-rate statewide ticket—a ticket that is an immense contrast to the Indiana Republican Party’s all-MAGA theocratic nightmare.

I first admired McCormick when she served as Superintendent of Public Instruction—a position that I will note gave her responsibility for managing half of the state budget. Jennifer came to that position with deep experience as a public school superintendent. She understood not just the importance of public education to the quality of civic life, but also the critical importance of an educated populace to successful economic development.

Her experience as Superintendent, serving in a Republican administration alongside our Republican super-majority legislature, also taught her something many others of us have come to understand— the current Republican Party is no longer a traditional political party. MAGA Republicans are a cult, and they are the enemy not just of public education, but of racial and religious inclusion and civil liberties— values that Jennifer and I support.

Those very American values require a vigorous defense of public education, the restoration of women’s reproductive rights, protection of workers’ right to unionize and demand fair wages, and an accountable and fiscally responsible state government.

Too many non-MAGA Republicans have simply gone along with the party’s transformation, despite displaying some level of discomfort. Instead, like many other former Republicans (including yours truly) Jennifer McCormick acted on the basis of her values, and left the GOP.

Every opinion survey I’ve seen confirms the fact that the values I share with Jennifer are also shared by a majority of Hoosiers. I am absolutely convinced that if she has the resources to get her message out, she will defeat MAGA Mike Braun.

And that brings me to a point I’ve previously emphasized: the greatest asset possessed by Braun and his merry band of theocrats is the defeatism of Indiana’s long-suffering Democrats. Several commenters have posted here about the relative lack of communication they have seen thus far from the Democratic ticket. The obvious reason for the imbalance is access to resources. Those shiny television ads touting Republicans like Jim Banks (while ignoring his offensive assaults on women and gay folks) are funded by the billionaires and their superPACs who stand to gain financially by a GOP victory. When Hoosier Democrats send their donations to campaigns in other states, where they think those dollars will make more of a difference, they play into Republican hands.

There is cause for hope, however. The recent change at the head of the national ticket, and the enormous outpouring of money and volunteers and enthusiasm for Kamala Harris has invigorated state-level tickets, too. (Interestingly, there doesn’t seem to be as much misogyny as we saw when Hillary Clinton was the nominee–actually, women candidates may even have an advantage this year. Female voters may yet save America…)

Our fundraiser the other night raised close to our admittedly ambitious goal, and other scheduled events promise to match or exceed that amount. The Democrats running statewide in Indiana don’t need to match the millions that will be available to the GOP candidates who are wholly-owned by the plutocrats; they just need enough to communicate their positions to the voters. (And unlike state legislative candidates, statewide candidates cannot be gerrymandered by our self-serving legislators, which is a huge advantage.)

A timeless political theme is also appropriate here: it’s time for a change.

Indiana has been run by Republicans for some twenty years, and during that time, our economy has sputtered. We have a lower quality of life than our neighboring states. We have repeatedly failed to protect the most vulnerable of our citizens.  We’ve stripped women of their most fundamental right–the right to control their own bodies. Republicans in Indiana consistently work to benefit the haves and just as routinely ignore the needs of those  who have little. They criticise “welfare” while offering welfare to upper-middle class parents via vouchers, and welfare to businesses promising to locate here. (Evidently, it’s only “welfare” when it goes to “those people.”)

If you agree with me that it is definitely time for a change, donate to JenniferAnd vote Blue up and down the ballot.

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How Awful Are Hoosiers, Really?

Consider this a follow-up to yesterday’s “Extra” post.

I have written before about Indiana Democrats’ self-defeating attitudes and behaviors. A recent conversation with two very savvy political observers reminded me–again!– how incredibly unhelpful those negative attitudes are.

It’s a conversation I’ve had repeatedly. Acquaintances who are committed Democrats refrain from donating to Hoosier Democratic candidates because “they can’t win in Indiana.” Rather obviously, that becomes a self-fulfilling prophecy–if these candidates lack sufficient resources to compete, they will lose. (During that recent conversation, when I reminded my friends that Obama had won Indiana, one responded “Yes, but he put significant resources here.” Yes–with sufficient resources, Democrats can win Indiana. Duh.)

This year, as I have documented, the Indiana Democratic Party has nominated a statewide (non-gerrymander-able) slate of truly excellent candidates. They are capable, moderate, and–unlike their GOP opponents–sane. Meanwhile, the Republicans are running a ticket of out-and-out White Supremecist theocrats, men who are personally repugnant supporters of an exceptionally far-Right agenda: anti-choice, anti-gay, anti-public education, anti-environment…candidates who enthusiastically support positions that survey research confirms are at odds with the positions of most Hoosiers, Republican and Democrat alike.

So why, you might ask (I’ve certainly been asking) do people who clearly recognize both the merits of the Democratic candidates and the threats posed by the Republican ones still insist that Indiana voters will opt for the Republican ones?

During that last discussion, I finally came to understand the roots of that belief. (I’m slow.)

These same people–people who care about their neighbors, who understand and worry about the current assaults on the Constitution and civil liberties, who recognize the nuanced nature of policy disputes–apparently believe that a significant majority of Hoosier voters are ignorant and hateful.

Too many of my Democratic friends view all Hoosier Republicans–especially but not exclusively rural Republicans– as uneducated and politically unsophisticated, resentful of social change and suspicious of anyone who isn’t a White Christian. They see all Republicans as MAGA bigots, mired in a Fox “News” universe, dismissive of information inconsistent with their prejudices, and they conclude that efforts to inform or persuade them are useless. (This belief actually becomes a self-fulfilling prophecy: if the Democratic candidates lack resources to communicate their positions, many Hoosier voters will lack accurate information.)

I’m willing to concede that this picture of a committed racist rube accurately describes the base of today’s GOP–the MAGA folks who form the core of what has become Trump’s political party. But I refuse to believe that all Hoosier Republicans are cut from that same MAGA cloth. There are people who are relatively uninformed, but not hateful–many people who would reject the premises and promises of Project 2025 if they knew what those premises and promises really were.

The Democrats who are writing off Hoosier voters rather clearly believe that providing sufficient resources to disseminate accurate information widely around the state is a fool’s errand. They believe that the super-majority in our deplorable state legislature is an accurate representation of unenlightened, racist and misogynistic Hoosier sentiment–after all, those voters elected that super-majority. (They forget the substantial effects of gerrymandering and vote suppression.)

The only thing that would change the minds of these dismissive observers of Indiana politics is an election that upends their smug conclusions–but their unwillingness to fund their preferred candidates adequately makes such an election result infinitely more difficult.

I’ve been working with both the McCormick and McCray campaigns, and I can report that both are well-organized, strategically sound, and–most important–right on all the issues that matter. I am absolutely convinced that–with adequate funding–they can inform voters statewide of the enormous differences between them and the GOP’s Christian Nationalist ticket, and that adequate dissemination of that information would lead to victory.

I guess it’s up to those of us in Indiana who are politically “unsophisticated” to step into the breach. Those of us who care deeply about women’s access to abortion, civil rights for our gay friends and neighbors, support for public education, and the other immensely important rights threatened by today’s far far Right GOP candidates need to contribute as much as we can so that the good guys have enough to communicate their message.

They don’t need as much as their opponents; they just need enough.

Unless, of course, my “sophisticated” friends are right, and a majority of my fellow Hoosiers are contemptible.

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More On Project 2025

In a weird way, it really doesn’t matter who heads up either the Republican or Democratic national tickets–because this election is rapidly becoming a referendum on the U.S. Constitution and what it means to be an American.

If Republicans win the Presidency and Congress, we are very likely to jettison the Constitution in favor of the provisions of Project 2025. The forces that produced Project 2025 represent the real power structure of today’s GOP; its members see Trump as a convenient “front” because he is ignorant, stupid (those aren’t the same thing) and interested only in garnering attention–thus easily manipulated. Should he be replaced at the top of the ticket, it would either be with someone equally malleable or with a Project 2025 true believer.

Fortunately, the Democrats–unlike the Borg (look it up)–don’t believe that resistance is futile. As Joyce Vance has recently reported, Democrats have created a task force to combat what can accurately be described as an extension of the January 6th coup attempt. The task force has been created by California Congressman Jared Huffman, who described its formation and purpose.

We started by getting leaders from groups across the political spectrum of our House Democratic Caucus to sign on – Progressives, New Dems, CHC, CBC, API, Pro-Choice, Labor, LGBTQ Equality, and, of course, the Congressional Freethought Caucus I co-founded with Jamie Raskin!  From there, several other members signed on, including two from leadership (Joe Neguse and Ted Lieu).  Our ranking Appropriator, Rosa DeLauro, just joined us this week, bringing the Task Force to 15 members, including some of the most effective communicators in Congress.

We’re working closely with experts from more than a dozen leading advocacy groups, including Accountable.US, Democracy Forward, Center for American Progress, ACLU, Protect Democracy, Court Accountability, Americans United for Separation of Church and State, and more.

Our work plan starts with over half a dozen subject matter briefings for Task Force members and staff by the end of August.  We’ve already had the first two:  last week on messaging/communications, including some recent polling on Project 2025, and this week, an ominous briefing on how the various elements of Project 2025 link together in a very strategic attack on democracy and civil liberties.  As we complete these “deep dive” briefings, we’re developing and pushing out messaging materials for Task Force members, outside partner groups, and the media.  In September, we will have a big, congressional hearing-like event where we publicly roll out highlights of the various briefings in conjunction with the outside groups.  The hearing will feature testimony from leading experts and different Task Force members will take the lead in presenting different parts of Project 2025.  We believe this event will get a lot of attention and will distill Project 2025 for the American people in a way that helps them understand how radical and destructive it is, why it must be taken very seriously, and how we can stop it.

After added discussion about the task force plans, Huffman addressed the central issue: what would the enactment of Project 2025 mean for the American experiment?

As Huffman explained, Project 2025 is a sweeping attack on democracy and fundamental American freedoms–an attack on health care and reproductive liberty, social justice, the livability of our planet, and much more.

It aims to systematically dismantle our democratic checks and balances and consolidate unprecedented power in a second Trump presidency.  It’s truly a roadmap to make Trump, already an aspiring dictator, into a real one, and to impose a radical social/religious order on all of us.  It exudes an “any means necessary” philosophy, including the explicit embrace of dystopic authoritarian measures like domestic military deployments, detention camps, mass deportations, an unprecedented political purge of the federal workforce, political weaponization of federal law enforcement, and more.  These are my greatest concerns because they would end American democracy as we know it.

There are certainly other worrisome parts of Project 2025, including dramatically weakening public education (with a goal of ending secular public education), sweeping attacks on the environment and rollbacks of climate action, clear threats to our social and retirement safety net, and privatization schemes and other reckless giveaways to powerful special interests.

Rick Wilson has said that Project 2025 “polls like Ebola,” which explains why Trump is suddenly trying to dissociate himself from it, but Heritage worked with over 100 extreme Rightwing groups that are at the heart of Trump’s political base, along with several of the most loyal (and scary) members of the prior Trump administration –- Mark Meadows, Stephen Miller, Peter Navarro, and several others.

The GOP roadmap that is Project 2025 is breathtakingly clear. Those of us who want to keep the Constitution need to ensure that voters know where that roadmap would take us.

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