By Johann Hari
29 November 2007
The Independent
In the long, hot autumn of 2000, the world was
shocked by the contempt for democracy shown by
the Republican Party. They knew their man had
lost the popular vote to Al Gore by half a
million votes. They knew the majority of voters
in Florida itself had pulled a lever for Gore.
But they foughtamid the confetti of hanging
chadsto stop the state's votes being counted,
and to ensure that the Supreme Court imposed
George W Bush.
Today, that contempt for democracy is on display
again. In California right now, there is a naked,
out-in-the-open ploy to rig the 2008 presidential
electionand it may succeed.
To understand how this works, we have to roam
back to the 18th century, and learn about the odd
anachronistic leftover they are trying to use now
to thwart democracy. Back then, America's
founding fathers decided not to introduce a
system where US presidents would be directly
elected, with the votes totted up in Washington,
DC, and the winner being the man with the most.
Instead, they chose a complex system called the
electoral college. This stipulates that American
citizens do not vote directly for a president.
Instead, they technically vote for 539 state-wide
"electors", who then gather six weeks after the
election to pick the President.
The founders designed it this way for a number of
reasons. They wanted the smaller states to have a
say, so they gave them a disproportionate number
of electoral college votes. They also believed
that, in a country that was largely isolated and
illiterate, voters wouldn't know much about
out-of-state figures, and would be better off
picking intermediaries who could exercise
discretion on their behalf.
It is the worst part of the Constitution,
producing perverse results again and again. On
four occasions there has been such a big gap
between the national popular vote and the
state-by-state electoral college votes that the
guy with fewer real supporters in the country got
to be President. It happened in 1824, 1876, 1888
andmost tragically for the worldin 2000.
Today, the Republicans are trying to exploit the
discontent with the electoral college among
Americans in a way that would rig the system in
their favour. At the moment, every state apart
from Maine and Nebraska hands out its electoral
college votes according to a winner-takes-all
system. This means that if 51 per cent of people
in California vote Democrat, the Democrats get
100 per cent of California's electoral votes; if
51 per cent of people in Texas vote Republican,
the Republicans get 100 per cent of Texas'
electoral votes.
The Republicans want to change thisbut in only
one Democrat-leaning state. California has gone
Democratic in presidential elections since 1988,
and winning the sunny state is essential if the
Democrats are going to retake the White House. So
the Republicans have now begun a plan to break up
California's electoral college votesand award
a huge chunk of them to their side.
They have launched a campaign called California
Counts, and they are trying to secure a
state-wide referendum in June to implement their
plan. They want California's electoral votes to
be divvied up not on a big state-wide basis, but
according to the much smaller congressional
districts. The practical result? Instead of all
the state's 54 electoral college votes going to
the Democratic candidate, around 20 would go to
the Republicans.
If this was being done in every state,
everywhere, it would be an improvement.
California's forgotten Republicans would be
represented in the electoral college, and so
would Texas's forgotten Democrats. But by doing
it in California alone, they are simply giving
the Republicans a massive electoral gift.
Suddenly it would be extremely hard for a
Democrat ever to win the White House; they would
need a landslide victory everywhere else to
counter this vast structural imbalance against them on the West Coast.
You can see this partisan agenda if you look at
who is behind the campaign. It was set up by
Charles "Chep" Hurth IIIa Republican donor to
Rudy Giuliani. It was drafted by Tom Hiltachka
Republican attorney. Its signature drive was
co-ordinated by Kevin Eckerya Republican
consultant. Its funds were provided by Paul
Singera Republican billionaire and one of Rudy
Giuliani's biggest donors. Its chief fundraiser
is Anne Dunsmorewho went there straight from
her post as national deputy campaign manager for
Giuliani.
Seeing a pattern yet?
Indeed, this bias is so blatant that the state
Republican Party itself has now chipped in
$80,000 (£39,000) to the campaign. Of course, the
campaign is not marketing itself as a Republican
rigging escapade. They insist: "This initiative
is not about helping any one party or candidate.
It simply ensures that every vote cast in our
state counts in the electoral college." But the
best they can do to provide "balance" is to point
to the fact that one of the men who has given
them $20,000, Edward Allred, once also gave
$2,300 to the campaign of Democratic contender
Bill Richardson. Wow.
There is a real risk they could succeed. They are
close to getting the number of signatures they
need to secure a referendum in June. (The Los
Angeles Downtown News claims to have witnessed
signature-gatherers offering homeless people food
in return for signing.) The turnout for the
referendum is expected to be extremely low,
because the state-wide primaries usually held on
that date have been moved forward to February. So
the Republicans only have to activate a small
part of their base to push it throughand they
have the cash to do it. California dreamin', on
such a winter's day.
The Democrats in response shouldn't be trapped in
the conservative position of defending the
indefensible electoral college. There is an
alternative way to reform itone that would be
fair to all parties. It used to be thought it was
all but impossible to ditch the system because it
would require a constitutional amendment, which
needs the approval of two-thirds of both houses
of Congress, plus three-quarters of state
legislatures.
But then constitutional scholars realised there
was another way. The Constitution only requires
that each state must "appoint" its presidential
electors "in such manner as the legislature
thereof may direct". That leaves a glimmer of
hope. The Campaign for a National Popular Vote is
campaigning for every state simply to commit its
delegates to the electoral college to vote 100
per cent for the candidate who wins the popular
vote. This would render the electoral college a
forgotten technicality. It's very revealing that
when the California state senate voted to
introduce this genuinely democratic system last
year, the Republican governor Arnold
Schwarzenegger vetoed it, with the support of his
party.
It shows that the Republicans' rhetoric of
wanting "fairness" and "equal representation" in
California is a honeyed lie. They want a system
that retains their power, even if it subverts the
will of the people. It risks becoming Florida
Part II: just when you thought it was safe to go
back into the polling booth... Fasten your
seatbeltsit's going to be a bumpy election.
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