“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.

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