How do we get democracy back into presidential elections?

Friends,

I don’t know about you, but I look at the next 20 months leading up to the 2024 presidential election with some dread. That’s not because I’m especially worried Donald Trump or Ron DeSantis or someone equally horrific will be elected. I’m dreading the next 20 months because the entire process of selecting our president has become so fraught, divisive, and arbitrary that it threatens the foundation of our democracy.

So today I want to share with you a little political hope — not my mother’s “all things will work out fine in the end” fantasy, but something doable and practical that could even have a positive effect on next year’s presidential election.

A bit of background: About 80 percent of us have effectively become bystanders in presidential elections. That’s because most of us live in states so predictably Democratic or Republican that we’re taken for granted by candidates. Presidential elections now turn on the dwindling number of “swing” states that could go either way, which gives voters in these states huge leverage.

In 2020, Biden owed his Electoral College victory to just 42,918 votes spread over Georgia, Arizona, and Wisconsin. In 2016, Trump owed his Electoral College victory to 77,744 votes spread across Wisconsin, Pennsylvania, and Michigan.

Contrast these slim margins with the results of the national popular vote. In the last five elections, candidates who received the most popular votes nationwide led their opponents by an average of 4.9 million votes — more than 100 times that of the razor-thin battleground wins.

The current state-by-state, winner-take-all Electoral College system of electing presidents is creating ever-closer contests in an ever-smaller number of closely divided states for elections that aren’t really that close. 

These razor-thin battleground margins also invite post-election recounts, audits, and lawsuits — even attempted coups. A losing candidate might be able to overturn 42,918 votes with these techniques. On the other hand, overturning 4.9 million votes would be a nearly impossible task.

As such, the Electoral College system combined with the dwindling number of battlegrounds presents a growing threat to the peaceful transition of power.

And it’s become more and more likely that candidates are elected president without winning the most votes nationwide. It’s already happened twice this century.

The Electoral College is an anachronism that should be abolished. But that would require a constitutional amendment, which is almost impossible to pull off — requiring a two-thirds vote by the House and Senate plus approval by three-fourths of state legislatures.

There’s an alternative. We can make the Electoral College irrelevant by getting our states to join the National Popular Vote Interstate Compact. Don’t let that mouthful put you off. It could save our democracy. The Compact will guarantee the presidency to the candidate who receives the most popular votes nationwide without a constitutional amendment.

How does it work?

As you know, the Constitution assigns each state a number of electors based on its population (that is, the number of its representatives in the House plus two senators). The total number of electors is 538. So anyone who gets 270 electoral votes becomes president.

Article 2 of the Constitution allows states to award their electors any way they want.

So all that’s needed is for states with a total of at least 270 electoral votes to agree to award all their electoral votes to the presidential candidate who wins the national popular vote.

If they do that, the winner of the popular vote would automatically get the 270 Electoral College votes needed to be president.

The movement to make this a reality is already underway. So far, 15 states and the District of Columbia have joined the Compact — agreeing that once enough states join, all their electoral votes will go to the popular vote winner.

The current members of the Compact have 195 electoral votes among them. So if a few additional states comprising 75 electors join — agreeing to award all their electoral votes to the winner of the national popular vote — it’s done.

Popular vote laws have recently been introduced in Michigan (with 15 electors) and Minnesota (with 10), which would bring the total to 220. 

Naturally, this plan will face legal challenges. Many powerful interests stand to benefit by keeping the outdated Electoral College in place.

But if we keep up the fight and get enough states on board to reach 270 electors and withstand the predictable legal challenges, America will never again elect a president who loses the national popular vote. No longer will 80 percent of us be effectively disenfranchised from presidential campaigns. No longer will a handful of votes in “battleground” states determine the winner — inviting recounts, audits, litigation, and attempted coups that threaten our democracy.

If you want to know more or get involved, click here to read about the National Popular Vote Interstate Compact. If you agree with me about the importance of this initiative but your state has not yet joined up, please contact your state senators and reps and urge them to get on board.

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