The 2016 U.S. Presidential Election did not happen on November 8th, it will be on
December 19th, 2016. No, this is not Democrat voter's dream come true, it is how U.S. presidents are always elected - the
Electoral College.
After the uproar of the election this year I have been researching the Electoral College process quite a bit. While previously not something I paid much attention to it has risen to the top of many people minds in the wake of a very close election. After much research it has become obvious that this relic of America's political past only causes confusion and removes power from the voters and needs to be done away with.
What happened on Nov 8th?
The American people do not vote for president of the United States - a select group of 538 Republican and Democratic
party insiders meet across the country in December to hold the actual election for president. This
small group of people make up the Electoral College. While some states try to bind these electors to vote for a certain candidate, the constitutionality of these laws has never been challenged and would likely be struck down in court if contested.
If a national election for president had occurred on November 8th the American people would have elected Hillary Clinton, however this is was not the case. Obscured under layers of technicalities (starting with the ballots themselves) is the fact that when citizens cast their votes on November 8th they actually were voting in state elections to appoint Electoral College members - not an election to vote for specific presidential candidates. If that makes you angry then you are probably starting to see the problems here.
Not a Democratic Election
The Electoral College system dictates that each state gets a number of super-voters (called "
electors" because their only purpose is to vote to elect the president) who are allocated by local elections. The winner in each of these state contests get to appoint members of their party to vote for them. So despite the fact that most people in the country - by over a million voters - checked the box next to Hillary Clinton's name on their ballots, most of the electoral college seats were given to Republican party insiders who are expected to vote for Donald Trump.
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This map represents the electors chosen by each state - not the votes for U.S. President. |
These electoral college members can vote however they please. In fact, the very reason they are appointed (instead of actually having a national election) is for the sole purpose of them being able to vote for whomever they want. This is in case the party insiders disagree with voters, or if they decide voters don't appoint a qualified candidate. So not only did American citizens not vote for their president in the election on November 8th, they voted to appoint people who have the specific job of voting against them if they feel so inclined.
Most of the facts and details of how the college work are obscured from the general public. Firstly in the fact that on most ballots it just lists the name of the presidential candidate - not the names of the electoral college members whom voters are actually appointing. Also, this is because party insiders are appointed to the elector positions to attempt to insure a vote along party lines.
These electoral college members have immense amount of political pressure to vote for their party's candidate. Many of them are the staffers of local Republican and Democratic party offices. These people would risk their careers if they don't vote for their party's candidate. Others are
former politicians and party leaders, such as Bill Clinton and Donald Trump Jr. in New York, and the co-chair of the Republican Party, Sharon Day. This political pressure - not any laws or regulations - is what causes most electors to vote along party lines. This means there is no legal recourse if a group of electors decided to vote for any candidate they please.
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Population by 2016 State Electoral College allocation. (Not by popular vote.) |
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Disproportionate Representation
The Electoral College doesn't just take away the vote for president from the general voting population of the nation, but it also give powers to individual states. Some states have huge influences over the vote while other states have much less. This is for two main reasons:
1.) The way the votes are calculated has given rise to the "
swing state" - a state that has a large influence over the outcome of an election. This is because although there may be a large percentage of voters who vote for the loosing candidate ALL of the states voting power is given to the winner instead of granted on percentage basis. So a candidate that had 51% of the vote would get all 10 of Wisconsin's electoral college seats, rather than awarding just 5 to that candidate and 5 to the other candidate with 49% of the vote.
- This means that presidential candidates only give attention to some states while ignoring the "unimportant" ones. It turns the race into a game instead of about the issues. Politics in general already does this and doesn't need any more help from the Electoral College.
- This also means that on a national level the popular vote is not taken into account when allocating electoral seats. This is why states choose to award them like this - so they have more sway with presidential candidates.
2.) The way electoral college seats are given is based on not only population but be statehood. Specifically this means that each state gets not only the number of electoral college seats that it has congressional delegates in the House of Representatives (which is based on population) but they also get and additional number of delegates (two) based on the senators from each state.
- This means to smaller population states get more voting power in the presidential election. For instance Wyoming gets three electoral college seats which represent 586,107 people while California gets 55 seats which represent 39,144,818 people. This breaks down to seats per voter 5.12E-6 in Wyoming while only 1.41E-6 seats per voter in California. That is a difference of over 3X more voting power for Wyoming voters!
What Happens on December 19th?
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Certificate of Vote - Maryland 2012 |
The real election of the president will happen in local state capital buildings across the country on December 19th. Here the electors will cast the only votes for president, and vice-president, that actually elect a candidate. Some of them use pre-printed ballots with the candidates of their party already on them, others are able to write in whomever they wish. After they cast their votes they all sign a "Certificate of Vote." One copy of this is sent to be read in the joint session of Congress in January where the President is officially chosen.
It would take 37 of the Republican members of the Electoral College to
either abstain from voting or voting for another (non-Trump) candidate
of their choosing. An alternate candidate does not need to be Clinton,
it could be some other person such as Mitt Romney or Paul Ryan if they
so desire.
If no candidate receives the absolute majority (more than half) of the available votes (which is 270 out of the available 538) then Congress must vote on which of the three candidates with the top three votes they wish to appoint as president. This vote is made by the House of Representatives, with each state's representatives given one vote (for a total of 50 - D.C. gets no vote here). The candidate with an absolute majority of votes (here it would be 26 out of 50) is president. A similar vote is taken of the Senate for vice-president.
If no candidate (for President or Vice-President) receives 26 votes by Jan. 20th then the Speaker of the House, Paul Ryan, becomes president until Congress can vote for a president and vice-president. If the Senate decides on a vice-president before the House can decide on president then the Vice President becomes acting President on Jan. 20 until they can decide.
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President Ryan 2017? |
Most likely the Electoral College members will simply vote as they are instructed and the 306 GOP electors will choose Trump. If somehow the EC fails to give either candidate 270 votes then Congress will most likely also elect Trump, but a President Trump who has been both rejected by the popular vote and the Electoral College will be much easier to keep in check.
The Bottom Line
The only benefit of even having the Electoral College is that if we have a national crisis where an unqualified candidate happens to get the majority vote that the members of the Electoral College will step in and deny such a person the presidency. We now find our nation in just such a predicament, except it is not the popular vote which is putting our nation in danger of placing an unqualified candidate in office - it is the very organization that was set up to save us from such a predicament which is causing the crisis itself. It's like having a fire department that not only doesn't put out fires but ignites fires themselves.
The vote this December 19th will be a historic one. The Electoral College will finally prove their worth to the nation by denying Donald Trump the presidency or they will again prove their uselessness beyond any reasonable doubt. Either way this election will probably lead to an amendment to abolish the Electoral College for good, so it just might be the last time they ever convene.