Have a Comment?
E-Mail Me at rhasen-AT-law.uci.edu
Election Law Blogger
Rick Hasen (posts)
Guest Bloggers
Heather Gerken (posts)
Justin Levitt (posts)
Nate Persily (posts)
Rick Pildes (posts)
Dan Tokaji (posts)Generously Supported By
ELB Feeds and Email Subscriptions
RSS XML
Get ELB Delivered by E-Mail to Your In-box via Feedburner
Books by Rick
The Voting Wars Website
NOW AVAILABLE from
Amazon
Barnes and Noble

Election Law--Cases and Materials (5th edition 2012) (with Daniel Hays Lowenstein and Daniel P. Tokaji)
The Supreme Court and Election Law: Judging Equality from Baker v. Carr to Bush v. Gore (NYU Press 2003) NOW IN PAPER
Book introduction
Table of Contents
Order from Amazon.com
Order from BarnesandNoble.com
Journal of Legislation Symposium on book

The Glannon Guide to Torts: Learning Torts Through Multiple-Choice Questions and Analysis (Aspen Publishers 2d ed. 2011)
Remedies: Examples & Explanations (Aspen Publishers, 2d ed. 2010)Election Law Resources
Election Law--Cases and Materials (4th edition 2008) (with Daniel Hays Lowenstein and Daniel P. Tokaji)
Election Law Journal
Election Law Listserv homepage
Election Law Teacher Database
Repository of Election Law Teaching Materials (2011 update)
Blogroll/Political News Sites
All About Redistricting (Justin Levitt)
American Constitution Society
Balkinization
Ballot Access News
Brennan Center for Justice
The Brookings Institution's Campaign Finance Page
Buzzfeed Politics
California Election Law (Randy Riddle)
Caltech-MIT/Voting Technology Project (and link to voting technology listserv)
The Caucus (NY Times)
Campaign Legal Center (Blog)
Campaign Finance Institute
Center for Competitive Politics (Blog)
Center for Governmental Studies
Doug Chapin (HHH program)
Concurring Opinions
CQ Politics
Demos
Election Updates
Fairvote
Election Law@Moritz
Electionline.org
Equal Vote (Dan Tokaji)
Federal Election Commission
The Fix (WaPo)
The Hill
How Appealing
Initiative and Referendum Institute
Legal Theory (Larry Solum)
Political Activity Law
Political Wire
Politico
Prawfsblawg
Roll Call
SCOTUSblog
Summary Judgments (Loyola Law faculty blog)
Talking Points Memo
UC Irvine Center for the Study of Democracy
UC Irvine School of Law
USC-Caltech Center for the Study of Law and Politics
The Volokh Conspiracy
Votelaw blog (Ed Still)
Washington Post Politics
Why Tuesday?
Recent Newspapers and Magazine Commentaries
Big Money Lost, But Don't Be Relieved, CNN Opinion, Nov. 9, 2012
A Better Way to Vote: Nationalize Oversight and Control, NY Times, "Room for Debate" blog, Nov. 9, 2012
Election Day Dispatches Entry 5: Black Panthers, Navy Seals, and Mysterious Voting Machines, Slate, Nov. 6, 2012
Behind the Voting Wars, A Clash of Philosophies, Sacramento Bee, Nov. 4, 2012
How Many More Near-Election Disasters Before Congress Wakes Up?, The Daily Beast, Oct. 30, 2012
Will Bush v. Gore Save Barack Obama? If Obama Narrowly Wins Ohio, He Can Thank Scalia and the Court's Conservatives, Slate, Oct. 26, 2012
Will Voter Suppression and Dirty Tricks Swing the Election?, Salon, Oct. 22, 2012
Is the Supreme Court About to Swing Another Presidential Election? If the Court Cuts Early Voting in Ohio, It Could Be a Difference Maker in the Buckeye State, Slate, Oct. 15, 2012
Election Truthers: Will Republicans Accept an Obama Election Victory?, Slate, Oct. 9, 2012
Wrong Number: The Crucial Ohio Voting Battle You Haven't Heard About, Slate, Oct. 1, 2012
Litigating the Vote, National Law Journal, Aug. 27, 2012
Military Voters as Political Pawns, San Diego Union-Tribune, August 19, 2012
Tweeting the Next Election Meltdown: If the Next Presidential Election Goes into Overtime, Heaven Help Us. It’s Gonna Get Ugly, Slate, Aug. 14, 2012
A Detente Before the Election, New York Times, August 5, 2012
Worse Than Watergate: The New Campaign Finance Order Puts the Corruption of the 1970s to Shame, Slate, July 19, 2012
Has SCOTUS OK'd Campaign Dirty Tricks?, Politico, July 10, 2012
End the Voting Wars: Take our elections out of the hands of the partisan and the incompetent, Slate, June 13, 2012
Citizens: Speech, No Consequences, Politico, May 31, 2012
Is Campaign Disclosure Heading Back to the Supreme Court? Don’t expect to see Karl Rove’s Rolodex just yet, Slate, May 16, 2012
Unleash the Hounds Why Justice Souter should publish his secret dissent in Citizens United, Slate, May 16, 2012
Why Washington Can’t Be Fixed; And is about to get a lot worse, Slate, May 9, 2012
Let John Edwards Go! Edwards may be a liar and a philanderer, but his conviction will do more harm than good, Slate, April 23, 2012
The Real Loser of the Scott Walker Recall? The State of Wisconsin, The New Republic, April 13, 2012
A Court of Radicals: If the justices strike down Obamacare, it may have grave political implications for the court itself, Slate, March 30, 2012
Of Super PACs and Corruption, Politico, March 22, 2012
Texas Voter ID Law May Be Headed to the Supreme Court, Fort Worth Star-Telegram, Mar. 13, 2012
“The Numbers Don’t Lie: If you aren’t sure Citizens United gave rise to the Super PACs, just follow the money, Slate, Mar. 9, 2012
Stephen Colbert: Presidential Kingmaker?, Politico, Mar. 5 2012
Occupy the Super PACs; Justice Ginsburg knows the Citizens United decision was a mistake. Now she appears to be ready to speak truth to power, Slate, Feb. 20, 2012
Kill the Caucuses! Maine, Nevada, and Iowa were embarrassing. It’s time to make primaries the rule, Slate, Feb. 15, 2012
The Biggest Danger of Super PACs, CNN Politics, Jan. 9, 2012
This Case is a Trojan Horse, New York Times "Room for Debate" blog, Jan. 6, 2012 (forum on Bluman v. FEC)
Holder's Voting Rights Gamble: The Supreme Court's Voter ID Showdown, Slate, Dec. 30, 2011
Will Foreigners Decide the 2012 Election? The Extreme Unintended Consequences of Citizens United, The New Republic (online), Dec. 6, 2011
Disenfranchise No More, New York Times, Nov. 17, 2011
A Democracy Deficit at Americans Elect?, Politico, Nov. 9, 2011
Super-Soft Money: How Justice Kennedy paved the way for ‘SuperPACS’ and the return of soft money, Slate, Oct. 25, 2012
The Arizona Campaign Finance Law: The Surprisingly Good News in the Supreme Court’s New Decision, The New Republic (online), June 27, 2011
New York City as a Model?, New York Times Room for Debate, June 27, 2011
A Cover-Up, Not a Crime. Why the Case Against John Edwards May Be Hard to Prove, Slate, Jun. 3, 2011
Wisconsin Court Election Courts Disaster, Politico, Apr. 11, 2011
Rich Candidate Expected to Win Again, Slate, Mar. 25, 2011
Health Care and the Voting Rights Act, Politico, Feb. 4, 2011
The FEC is as Good as Dead, Slate, Jan. 25, 2011
Let Rahm Run!, Slate, Jan. 24, 2011
Lobbypalooza,The American Interest, Jan-Feb. 2011(with Ellen P. Aprill)
Election Hangover: The Real Legacy of Bush v. Gore, Slate, Dec. 3, 2010
Alaska's Big Spelling Test: How strong is Joe Miller's argument against the Leeza Markovsky vote?, Slate, Nov. 11, 2010
Kirk Offers Hope vs. Secret Donors, Politico, November 5, 2010
Evil Men in Black Robes: Slate's Judicial Election Campaign Ad Spooktackular!, Slate, October 26, 2010 (with Dahlia Lithwick)
Show Me the Donors: What's the point of disclosing campaign donations? Let's review, Slate, October 14, 2010
Un-American Influence: Could Foreign Spending on Elections Really Be Legal?, Slate, October 11, 2010
Toppled Castle: The real loser in the Tea Party wins is election reform, Slate, Sept. 16, 2010
Citizens United: What the Court Did--and Why, American Interest, July/August 2010
The Big Ban Theory: Does Elena Kagan Want to Ban Books? No, and She Might Even Be a Free Speech Zealot", Slate, May 24, 2010
Crush Democracy But Save the Kittens: Justice Alito's Double Standard for the First Amendment, Slate, Apr. 30, 2010
Some Skepticism About the "Separable Preferences" Approach to the Single Subject Rule: A Comment on Cooter & Gilbert, Columbia Law Review Sidebar, Apr. 19, 2010
Scalia's Retirement Party: Looking ahead to a conservative vacancy can help the Democrats at the polls, Slate, Apr. 12, 2010
Hushed Money: Could Karl Rove's New 527 Avoid Campaign-Finance Disclosure Requirements?, Slate, Apr. 6, 2010
Money Grubbers: The Supreme Court Kills Campaign Finance Reform, Slate, Jan. 21, 2010
Bad News for Judicial Elections, N.Y. Times "Room for Debate" Blog, Jan., 21, 2010
Read more opeds from 2006-2009
Forthcoming Publications, Recent Articles, and Working Papers
The 2012 Voting Wars, Judicial Backstops, and the Resurrection of Bush v. Gore, George Washington Law Review (forthcoming 2013) (draft available)
A Constitutional Right to Lie in Campaigns and Elections?, Montana Law Review (forthcoming 2013) (draft available)
End of the Dialogue? Political Polarization, the Supreme Court, and Congress, 86 Southern California Law Review (forthcoming 2013) (draft available)
Fixing Washington, 126 Harvard Law Review (forthcoming 2012) (draf available)
What to Expect When You’re Electing: Federal Courts and the Political Thicket in 2012, Federal Lawyer, (forthcoming 2012)( draft available)
Chill Out: A Qualified Defense of Campaign Finance Disclosure Laws in the Internet Age, Journal of Law and Politics (forthcoming 2012) (draft available)
Lobbying, Rent Seeking, and the Constitution, 64 Stanford Law Review (forthcoming 2012) (draft available)
Anticipatory Overrulings, Invitations, Time Bombs, and Inadvertence: How Supreme Court Justices Move the Law, Emory Law Journal (forthcoming 2012) (draft available)
Teaching Bush v. Gore as History, St. Louis University Law Review (forthcoming 2012) (symposium on teaching election law) (draft available)
The Supreme Court’s Shrinking Election Law Docket: A Legacy of Bush v. Gore or Fear of the Roberts Court?, Election Law Journal (forthcoming 2011) (draft available)
Citizens United and the Orphaned Antidistortion Rationale, 27 Georgia State Law Review 989 (2011) (symposium on Citizens United)
The Nine Lives of Buckley v. Valeo, in First Amendment Stories, Richard Garnett and Andrew Koppelman, eds., Foundation 2011)
The Transformation of the Campaign Financing Regime for U.S. Presidential Elections, in The Funding of Political Parties (Keith Ewing, Jacob Rowbottom, and Joo-Cheong Tham, eds., Routledge 2011)
Judges as Political Regulators: Evidence and Options for Institutional Change, in Race, Reform and Regulation of the Electoral Process, (Gerken, Charles, and Kang eds., Cambridge 2011)
Citizens United and the Illusion of Coherence, 109 Michigan Law Review 581 (2011)
Aggressive Enforcement of the Single Subject Rule, 9 Election Law Journal 399 (2010) (co-authored with John G. Matsusaka)
The Benefits of the Democracy Canon and the Virtues of Simplicity: A Reply to Professor Elmendorf, 95 Cornell Law Review 1173 (2010)
Constitutional Avoidance and Anti-Avoidance on the Roberts Court, 2009 Supreme Court Review 181 (2010)
Election Administration Reform and the New Institutionalism, California Law Review 1075 (2010) (reviewing Gerken, The Democracy Index)
You Don't Have to Be a Structuralist to Hate the Supreme Court's Dignitary Harm Election Law Cases, 64 University of Miami Law Review 465 (2010)
The Democracy Canon, 62 Stanford Law Review 69 (2009)
Review Essay: Assessing California's Hybrid Democracy, 97 California Law Review 1501 (2009)
Bush v. Gore and the Lawlessness Principle: A Comment on Professor Amar, 61 Florida Law Review 979 (2009)
Introduction: Developments in Election Law, 42 Loyola of Los Angeles Law Review 565 (2009)
Book Review (reviewing Christopher P. Manfredi and Mark Rush, Judging Democracy (2008)), 124 Political Science Quarterly 213 (2009).
"Regulation of Campaign Finance," in Vikram Amar and Mark Tushnet, Global Perspectives on Constitutional Law (Oxford University Press (2009)
More Supply, More Demand: The Changing Nature of Campaign Financing for Presidential Primary Candidates (working paper, Sept. 2008)
When 'Legislature' May Mean More than''Legislature': Initiated Electoral College Reform and the Ghost of Bush v. Gore, 35 Hastings Constitutional Law Quarterly 599 (2008) (draft available)
"Too Plain for Argument?" The Uncertain Congressional Power to Require Parties to Choose Presidential Nominees Through Direct and Equal Primaries, 102 Northwestern University Law Review 2009 (2008)
Political Equality, the Internet, and Campaign Finance Regulation, The Forum, Vol. 6, Issue 1, Art. 7 (2008)
Justice Souter: Campaign Finance Law's Emerging Egalitarian, 1 Albany Government Law Review 169 (2008)
Beyond Incoherence: The Roberts Court's Deregulatory Turn in FEC v. Wisconsin Right to Life, 92 Minnesota Law Review 1064 (2008) (draft available)
The Untimely Death of Bush v. Gore, 60 Stanford Law Review 1 (2007)
Articles 2004-2007
Category Archives: electoral college
“The Contemporary Presidency: How the 2012 Presidential Election Has Strengthened the Movement for the National Popular Vote Plan”
Rob Richie and Andrea Levien have written this article for Presidential Studies Quarterly. Here is the abstract:
The United States has reached an unprecedented level of inequality in presidential elections. In 2012, only 10 states drew the major party presidential candidates for postconvention campaign events, and those same 10 states attracted 99.6% of all general election television advertising spending by the campaigns and their allies. The remaining 41 spectator states (counting the District of Columbia) included all 38 states that had been similarly overlooked in 2008. This article details these inequalities and their roots in state statutes allocating electoral votes on a winner-take-all basis. It argues that states should end this inequality by enacting the National Popular Vote interstate compact, which would ensure that it is the popular vote in all 50 states and the District of Columbia that determines who becomes the president.
“Promoting Democracy While Preserving Federalism: The Electoral College, the National Popular Vote, and the Federal District Popular Vote Allocation Alternative”
Geoffrey Calderaro has posted this draft on SSRN. Here is the abstract:
The winner-take-all method of allocating Electoral College votes has led to a bifurcated nation in which presidential candidates actively campaign in highly contested “swing states” and virtually ignore voters residing in the many non-competitive states, all to the detriment of American democracy. In order to remedy the current inequities that permeate American presidential elections, a change is needed in the winner-take-all allocation method of Electoral College votes. Many propose that we elect our presidents by a National Popular Vote. However, this method would be a step in the wrong direction.
This Comment proposes that states adopt a Federal District Popular Vote (FDPV) allocation method, like that currently employed by Maine and Nebraska. There are three important advantages to the FDPV allocation method. First, the FDPV would compel candidates to actively campaign in dozens of competitive congressional districts located in otherwise non-competitive states, thus engaging millions of previously ignored Americans in the campaign. Second, voters supporting the minority party in each state would have an opportunity to award electoral votes to the candidate of their choice. Finally, the FDPV would stay true to the Framers’ intent for Federalism.
“Reform Wars: The Two Different Projects to Fix the Electoral College”
“FairVote Maps the 2012 Presidential Campaign”
“Immigration reform could be bonanza for Democrats”
Politico: “The immigration proposal pending in Congress would transform the nation’s political landscape for a generation or more — pumping as many as 11 million new Hispanic voters into the electorate a decade from now in ways that, if current trends hold, would produce an electoral bonanza for Democrats and cripple Republican prospects in many states they now win easily.”
Nate Silver: “Politico attempting to use statistics is like Taco Bell attempting to cook French food.” MORE: “POLITICO ‘analysis’: no way to know how many illegal immigrants would get citizenship and vote, so let’s assume 100%.”
“A national popular vote would make every vote for president count”
Retired Oregon Chief Justice Paul de Muniz has written this oped.
“Eric Holder slams electoral vote tinkering”
Republican electoral vote tinkering, that is.
Fairvote Takes on Adam Liptak on Small States and the Electoral College
“(Unpersuasive) Challenges to the National Popular Vote Plan: Part One in a Series of Columns”
“2013 Edition of Every Vote Equal: The case for the National Popular Vote Plan”
FairVote: “This new edition features an expanded section addressing myths about the Electoral College and the National Popular Vote, with a wide-ranging information about recounts, the effects of extreme weather on elections, out-of-state presidential electors, and much, much more. It is free to download the book (or individual chapters). Be sure to check FairVote’s work on this issue and the website of the organization leading the lobbying campaign to ensure that every vote in presidential elections is equal, National Popular Vote.”
“Inquirer Editorial: Another attempt to rig presidential elections”
See here. And see this editorial on NPV.
“California and the Limits of Independent Redistricting Commissions with Winner-Take-All”
Three months after the 2012 election, independent redistricting continues to gain attention as a panacea for American congressional elections. Making the case from the quantitative flank is Sam Wang, professor of neuroscience at Princeton and founder of the Princeton Election Consortium, whose February 2 op-ed in the New York Times purported to show that the partisan bias in the U.S. House of Representatives could be corrected nearly entirely by implanting independent redistricting nationwide in the form that it is currently used in states like California. Wang later expressed his admiration for the California commission model by tweeting, in response to a National Journal article on the defeat of Congressman Howard Berman, “What independent redistricting looks like: races blown wide open, incumbents ousted.”
As FairVote has long argued, independent redistricting is a necessary reform, and we support it wholeheartedly. But proponents are simply wrong to suggest it would be sufficient if left to operate within winner-take-all elections. A perfect illustration of this point is the effect of the independent redistricting commission in California. Election results clearly show that ”wide open” races and “ousted incumbents” were not the norm in California in 2012 – and are likely to become even more scarce in the state’s future elections.
Map of the Day
And Now the Electoral College Gambit in Pennsylvania Will Fail
CBS Philly reports. See also The GOP’s Electoral Vote Gambit: Reasonably Popular but Doomed, which notes that winner-take-all electoral college allocations now are polling more popularly with Democrats than with Republicans.
Surprised about the collapse of the GOP effort? You shouldn’t be.
Will GOP Start Supporting National Popular Vote?
I’ll go out on a limb and say that after this brief flirtation we will fall into the familiar pattern of NPV being supported only in states with Democratic legislatures.
“The GOP’s Bad Fixes to the Electoral College”
“Why the GOP’s electoral vote gambit won’t work”
The Fix: “A Republican-backed plan to change the way certain states allocate electoral votes has fizzled as quickly as it sprung onto the national consciousness. The slate of upcoming 2014 governor’s races is a major reason why that happened.”
I think there are also other reasons.
“GOP’s Three-Fifths Compromise; The party’s new voting scheme to win the White House: Rig the Electoral College.”
And then There Was One
Pennsylvania as the last possible GOP state looking to change their electoral college allocations this time around.
“GOP Electoral College Changes Going Nowhere”
Politico reports. Shocking (Not!).
“GOP’s Electoral Vote Scheme Already On Life Support”
TPM: “Four states down, and just two remain. Key Republican officials in Virginia, Ohio, Florida, and Michigan are coming out against a RNC-backed scheme to rig the electoral vote in Democratic-leaning states in order to boost Republican presidential candidates. That leaves just Pennsylvania and Wisconsin as the remaining blue states with Republican statehouses actively considering the idea.”
End of the Democratic freak-out?
“Rigging an Election Is Possible, But Trying to Rig an Electoral System Is a Fool’s Errand”
Martin Kich has written this post at the “Academe Blog.”
“Secretary of State Jon Husted and other Republicans say Electoral College changes not in store for Ohio”
“Gov. Walker voices concerns about GOP Electoral College plan”
JS Online: “Gov. Scott Walker says he has a ‘real concern’ about a Republican idea to change the way the state awards its electoral votes, conceding the move could make Wisconsin irrelevant in presidential campaigns.”
Rachel Maddow on Michigan, Florida, Voting and the Electoral College
Democratic Freakout over Electoral College, Ctd.
Steve Benen: “There’s been some commentary of late that the fear of this scheme is excessive — Rick Hasen, I’m looking in your direction — and that Republicans almost certainly won’t follow through on this. We’ll find out soon enough. But for those keeping an eye on the larger effort, note that for every state in which the efforts are stumbling, there’s another in which the plan remains very much on the table.”
“GOP’s Electoral Scheme Likely Illegal in Virginia”
I’m not so sure about this.
As I indicate in my new Slate piece, I think it is highly unlikely these plans get enacted.
And since I wrote the piece the Va. governor and new key Senators have come out against it.
“ALEC Has Opposed ‘Popular Vote’ Efforts Which Would Protect Against Partisan Rigging of Electoral College”
“The long past and perilous future of gaming the Electoral College system”
“Democrats, Don’t Freak Out! Why fears that Republicans will gerrymander the Electoral College are overblown”
Slate has published my new commentary. It begins:
Sound the alarm! Democrats are on high alert! Josh Marshall calls it a big, big deal. Eric Kleefeld says if the blueprint were in place last November, the GOP would have “stolen 2012 for Mitt Romney.” Steve Benen of the Maddow Blog calls it a “democracy-crushing scheme” showing that “the will of the voters and the consent of the governed are now antiquated concepts that Republicans no longer value.”
They’re all talking about potential plans to change the method for electing the president in states like Virginia, Wisconsin, and Pennsylvania—states that have Republican legislatures and governors but voted for Obama in 2012. Instead of awarding all of the state’s Electoral College votes to the presidential candidate getting the most votes in each of these states, under the proposed plans most of the Electoral College votes would be awarded to the winner in each congressional district—and thanks to Republican gerrymandering of those districts, such a scheme would be a windfall for Republicans.
This plan would be deeply concerning if Republicans were really going to enact it. But the same self-interest that is leading Republicans to consider this move is also going to lead most of them to abandon it almost everywhere. The Great Democratic Freak-out is unjustified. But it is not without its usefulness, because it reminds wavering Republicans what they will face if they go down the road of unilateral Electoral College reform.
“FL House Speaker Weatherford opposed to GOP Electoral College plans”
“Virginia State Senate Moves Ahead on Electoral College-Rigging Bill”
Stephen Colbert Takes on Partisan Gerrymandering, Electoral College Reform
Via the Washington Post.
“Americans Call for Term Limits, End to Electoral College”
“GOP eyes Electoral College vote count change; Dems wary”
“GOP Eyes Election Laws”
The Washington Times reports on potential electoral college allocation changes.
“Rigging Democracy: Why the people won’t pick the next president or Congress—unless we act now.”
Rob Richie cover story for In These Times.
“The GOP’s big electoral vote gambit, explained”
“Reince Priebus backs electoral vote change, but it’s state’s decision”
Milwaukee Journal Sentinel: “The head of the Republican National Committee believes Wisconsin and other battleground states should change the way they allocate their Electoral College votes, but he said he is not inserting himself into how states decide to proceed.”
“How Romney Could Have Won”
National Review: “If votes in every state were awarded by congressional district, President-elect Romney would be planning his inauguration right now.”
That strikes me as overly simplistic: if voting took place on a district by district basis, the campaigns would have focused their efforts much differently.
“National Popular Vote foes coalesce; Some Republicans say they’ve squashed the movement to sidestep the Electoral College”.
Watch Counting of Electoral College Vote Count Now on C-SPAN
Here.
“Walker open to changing state’s Electoral College allocations”
Milwaukee Journal Sentinel: “Gov. Scott Walker is open to having Wisconsin allocate its Electoral College votes based on results from each congressional district – a move that would offer Republicans a chance to score at least a partial victory in a state that has gone Democratic in the last seven presidential elections.”
See also AP’s story, Changes Advocated in Pennsylvania Electoral Vote Counting.
“House Rs Resurrect Congressional-Based Electoral College Plan”
Politics PA reports.
“Electoral College Vote Affirms Obama Re-election”
“Arizona Electors Question Obama Birth Certificate”
“Electoral College Chaos: How Republicans Could Put a Lock on the Presidency”
“Choose Your Own Voters”
In the busy mind of Virginia state Sen. Charles Carrico, voters can be divided into two species. The first: “people in my district,” which covers a swath of the state’s rural southwest. These voters are real people. The second species: voters in “metropolitan districts.” In 2012 and 2008, rural voters watched Democrats turn out that metro vote, which elected Barack Obama. That experience apparently taught Carrico and the people he represents that “their votes don’t mean anything.”
Carrico’s solution: Make the rural vote matter more and make the metro vote count less. His bill, SB273, would assign 11 of Virginia’s electoral votes to its 11 congressional districts. The state’s two remaining votes would go to whoever received the “highest number of votes in a majority of congressional districts.”
“Making Pa. votes matter”
Rob Richie and Devin McCarthy have written this Philly.com oped, which begins: “State Senate Majority Leader Dominic Pileggi piqued our interest last week when he told Bloomberg that his new electoral reform proposal “is not party-specific or partisan in any way, but just an attempt to have the popular vote reflected.” Pennsylvanians’ votes certainly weren’t reflected after a majority of them chose Democratic House candidates last month. In a remarkable distortion of voter preference, Republicans won 13 of the state’s 18 House seats. But Pileggi (R., Delaware) was proposing Electoral College reform. Like most of the states, Pennsylvania awards all its electoral votes to the statewide popular-vote winner. Pileggi proposes that most of the state’s electoral votes instead be allocated in proportion to the popular vote, which would have given President Obama 12 of them – rather than the 20 he got – and Mitt Romney eight. This plan is problematic, especially if the state pursues it unilaterally.”
“GOP Resurrects Plan to Rig Electoral College”
Mother Jones: “The states where Republicans have proposed changing Electoral College rules—Pennsylvania and Wisconsin, where legislation has been introduced, and Michigan and Ohio, where activists have pushed the idea (see below)—went for Barack Obama in both 2008 and 2012. There are no such GOP proposals, for example, in deep-red Texas.”


