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Grex > Agora35 > #207: The faithless elector possibility | |
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| 25 new of 57 responses total. |
polygon
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response 4 of 57:
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Dec 15 04:17 UTC 2000 |
Re 1. I'm not recommending or approving it, but any "oath" is a private
matter between the elector and his/her party, not a matter of law.
There are some state laws designed to inhibit or prevent the faithless
elector problems, in about half the states. Most of them are quite weak,
but Michigan simply provides that the faithless elector be removed and
his/her vote cast correctly by a replacement.
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rcurl
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response 5 of 57:
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Dec 15 04:32 UTC 2000 |
Are "oaths" taken (given?) by electors in any states? I thought they
were just appointed and that was the end of it. I've seen no news
of elector oath ceremonies.
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other
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response 6 of 57:
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Dec 15 05:00 UTC 2000 |
I don't consider the faithless elector a realistic probability at all in
this political climate.
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polygon
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response 7 of 57:
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Dec 15 05:01 UTC 2000 |
Re 2. Those of us who are into politics throughout the election cycle are
not going to stop paying attention just because you're tired of it. The
"real" presidential election is being held on Monday, and just like four
years ago, I'm watching it. (Four years ago, I attended the Michigan
electors meeting in Lansing.)
I'm sorry if my analysis (not "suggestions") offended you.
As a practical, real-world, factual matter, due to de facto racial
segregation in housing, we have congressional districts in many states
where the overwhelming majority of the population is of African-American
descent, and in those districts, which are sometimes as much as 90%
Democratic in their voting history, it is not easy to find Republicans to
serve as candidates, party officers, presidential electors, etc.
As a practical, real-world, factual matter, the Republican Party since the
1960s has attracted very few African-Americans to be activists and party
workers, compared to the large numbers who are involved in the Democratic
Party. This is especially true in areas like Detroit and the cities I
mentioned in #0 which are already overwhelmingly Democratic.
Admittedly, it is less true in more affluent and less segregated areas
like Ann Arbor. But when you look at the state, or the nation, as a
whole, the deplorable fact is that most black people do not live in
racially integrated settings. I don't have the latest figures handy, but
I think about three-fifths of the black population of Michigan lives in
Detroit.
Those realities have political implications. I deny that discussing these
implications amounts to racism.
I should also stress, as I thought I did in #0, that the Republican Party,
far from being the racially exclusionary organization that some Democrats
like to portray it as being, does welcome people of all racial and ethnic
groups.
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polygon
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response 8 of 57:
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Dec 15 05:04 UTC 2000 |
Re 3. The electors vote completely in public. Michigan's electors
meet in the state senate chamber of the state capitol. All ballots
are signed with the name of the elector.
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gelinas
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response 9 of 57:
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Dec 15 05:08 UTC 2000 |
Who can attend the electors meeting? Where will it be held?
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polygon
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response 10 of 57:
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Dec 15 05:21 UTC 2000 |
Re 9. Anyone can attend. The meeting is held in the state senate
chamber, and visitors/spectators sit in the balcony.
In theory, you need a ticket, which you could get from any member of the
legislature. But last time, Steve Andre and I were waved in without
anyone looking at our tickets -- I guess the tickets were just sort of a
souvenir. Obviously they may be stricter this time.
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gelinas
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response 11 of 57:
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Dec 15 05:24 UTC 2000 |
So I need to contact Mr. Hansen tomorrow. :)
And I thought you had missed 3, so I tried again. ;)
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carson
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response 12 of 57:
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Dec 15 10:19 UTC 2000 |
resp:7 resp:2
(hmm. I seem to miss where a person's skin color makes
him "opportunistic," even if you intended it as a compliment. I seem
to miss where a person's skin color makes one's neighbors "more
accepting" of what amounts to political treason. I seem to miss where
a person's skin color [or age, if you prefer] makes him, frankly,
stupid enough to think that "becoming a national figure" by throwing a
country that, while divided in preference, seems to want to move on,
*back* into "political uncertainty" is desirable. [you and I know that
the election isn't over until the electoral college votes, but I
certainly won't deny that, up until this year, most Americans
considered the electoral college vote a non-issue, if they were even
aware of it.] I'll politely point out that Benedict Arnold is a
national figure, and that the "opportunity" you suggest is of
comparable quality.)
(you haven't clarified how, while joining the GOP becomes a "wise
career move," switching one's vote in the electoral college becomes, by
your implication, wiser. you also haven't clarified how skin color,
or "race" if you prefer, enters into the decision at all. you could
just have easily suggested a scenario where a Bush elector chosen from
an overwhelmingly Democratic area switches his vote.)
(plus, your suggested scenarios seem to based in a logic that considers
Gore to be a desirable alternative to Bush, and Bush shouldn't be
president. nearly half of voting Americans didn't see it that way in
November. granted, public opinion has been just as divided, if not
Balkanized, over the vote controversy in Florida, and if Gore were
still fighting there, faithless electors would still be a very real
possibility. with Gore's gracious concession and call for national
healing, faithless electors become little more than a political wet
dream.)
(your first 10 paragraphs in #0 are perfectly good analyses. you are
technically correct when you point out that the election isn't over,
and that, technically, it could still go in Gore's favor. it's when
you slip into fantasy playland by suggesting multiple vote switches in
the electoral college that I feel you're going overboard, hence my
temptation. but don't let me kill your overactive imagination.)
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polygon
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response 13 of 57:
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Dec 15 12:49 UTC 2000 |
Re 12. Okay, in retrospect, my comments about black Republicans were a
bit too glib, and I apologize for painting with too broad of a brush. I
was speaking, as the context ought to make clear, only of Republican party
operatives in urban congressional districts which don't really have more
than a tiny number of actual Republican voters.
American history offers many examples of times and places where people
became activists in political parties which didn't really exist as
electoral forces in their areas. A white Mississippi Republican in 1925,
or a Vermont Democrat in 1935, for example, when those states were utterly
and completely dominated by the other party, was probably interested in
being appointed postmaster or a similar job by the party in the White
House. A political party in those circumstances is characterized by
having many activists who are more interested in receiving political
appointments than in actually participating in electoral politics. Not
all of them, mind you, but an unusual number. A fair way to label that
kind of political involvement is opportunism.
Perhaps somewhat unlike 1925 or 1935, the political parties today are
relatively homogenous nationally, and defined increasingly by ideology
rather than by ancestry, ethnicity and tradition. For various reasons,
black Americans as a group are an exception to this.
Yes, there are certainly growing numbers of principled, conservative black
Republicans, who join and get involved in the GOP because of their values.
Alan Keyes is but one example of this, and I didn't mean to cast
aspersions on him or anyone even somewhat like him.
Howver, in many years of direct experience in the political world, it is
NOT my observation that Republican Party organizations in places like the
two congressional districts in Detroit are mostly or even significantly
composed of ideological conservatives. Rather, African-American
Republican operatives from those areas tend to stress that they are NOT
ideological conservatives, even though they may be loyal to the more
conservative party.
You ask why why skin color makes a person's neighbors "more accepting of
what amounts to political treason," but I'm sure you know that among black
Americans as a group, the widely accepted definition of "political
treason" would be to join the Republicans. The worst epithets about black
Republicans I have heard all come from black Democrats: "traitors to the
race," "snakes", etc. "Opportunist" is mild compared to these.
If someone lives in a nearly-all-black congressional district, it stands
to reason that most of his or her neighbors will also be black and most of
them will be Democrats. If anything, the word "most" understates the
case. If a Republican in their midst abandons the Republican Party in
such a spectacular way, realistically, they are not going to be facing
angry demonstrations at their doorstep. Indeed, it's not hard to imagine
the nation's most visible black leader, Jesse Jackson, thanking them.
As to whether or not a faithless elector is doing something stupid, well,
not everyone would see it that way. I agree that a Bush-to-Gore flip
under the current circumstances would be an INCREDIBLY self-destructive
act for the average Republican elector, and I point out the reasons for
that in detail. However, those consequences are not equally distributed,
and that was the point I was trying to make.
You're right that I could have left skin color out of it and referred
simply to a Bush elector in an overwhelmingly Democratiic area, and maybe
I should have. However, the only areas which are overwhelmingly enough
Democratic for this to be even slightly plausible are, in point of fact,
areas populated overwhelmingly by African-American voters. Leaving out
that fact completely would have been misleading.
Yes, of course I focused on scenarios that might motivate an elector to
vote for Gore instead of Bush, because Bush received the majority of the
electoral votes, albeit by a slim margin, and the only reason to worry
about electors is the possibility that one or more Bush electors may not
perform as expected. (I do address the likelihood that Gore electors
could also "flip". That is less interesting now, but it would have been
crucial if the votes been the other way around.)
Moreover, if you asked any political scientist before November 7, 2000,
you would have heard that an outcome where the electoral college produces
a different result than the popular vote would put pressure on electors
to flip and support the popular vote winner.
It is only Bush's loss in the popular vote that makes this discussion even
vaguely plausible. A "flipped" elector, who under ordinary circumstances
might be universally seen as a contemptible turncoat, would potentially be
praised (in SOME quarters) as a hero to democracy.
Speaking as a Gore supporter, I'm not saying or advocating that Gore
winning the electoral college on faithless electors would be a good thing.
Certainly -- as I pointed out! -- it would not be a good thing for him.
And indeed, it occurs to me that he has a safety valve if, by early Monday
evening, it looks like he has benefited from a net of three flips. Hawaii
will be the last state to vote, and it has four Gore electors. Assuming
that Hawaii does not have a Michigan-style vote-wrong-and-you're-out law,
Gore could call up the Hawaii electors directly and plead with them to
vote for Bush-Cheney. Indeed, I expect that if this came to pass, he
would.
And you may have missed my conclusion, where I predict that any
Bush-to-Gore flips will be outbalanced by flips in the opposite direction.
Indeed, since any "flips" would be instant national news, Gore electors in
the Mountain and Pacific time zones might well be motivated to vote for
Bush completely on their own, to prevent disruption in the transition
already under way.
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carson
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response 14 of 57:
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Dec 15 14:50 UTC 2000 |
(OK, I'll bite: are there any pledged electors who fit your basic
profile?)
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polygon
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response 15 of 57:
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Dec 15 15:06 UTC 2000 |
Re 14. I really don't know about the 2000 electors, since I haven't
collected information about them yet. My comments about what electors are
like are based on my knowledge about electors in past years, especially in
Michigan from 1940 to 1996. There were no faithless electors in Michigan
during that period, but there was at least one (Zolton Ferency in 1968)
who resigned because he couldn't bring himself to vote as pledged.
I have been thinking more about your comments and will have more to say
about these topics when I have a moment.
I appreciate your thoughtful and not overly confrontational responses.
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janc
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response 16 of 57:
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Dec 15 15:24 UTC 2000 |
I don't know. I find most of these predictions pretty implausible. Eight
faithless electors? No way. One would be a bit surprising, much more seems
unlikely.
Admittedly this is a more tempting year to jump ship in a way - the election
result already seems to have been decided on technicalities by someone other
than the electorate, so a person might think their decision on technicalities
is as good a anyone elses. But so far as I can tell, most faithless electors
in the past have been protest votes only cast with the knowledge that it
wouldn't alter the outcome of the election. I can't imagine many people
taking the step of further delegitimizing an already dubious election.
Imagining Gore phoning Hawaii to ask his electors to vote for Bush is fun,
but I can't take the scenario very seriously.
Of course, some pretty unimaginable things already have happened.
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polygon
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response 17 of 57:
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Dec 15 15:27 UTC 2000 |
Yeah. If the Supreme Court decision had been presented as fiction, two
months ago, I would have hooted over such patently absurd paranoia.
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polygon
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response 18 of 57:
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Dec 15 16:30 UTC 2000 |
In regard to faithless electors, let me remind y'all of the following,
which appeared several days before the recent election:
Bush Set to Fight An Electoral College Loss
by Michael Kramer
New York Daily News, November 1, 2000
They're not only thinking the unthinkable, they're planning for
it.
Quietly, some of George W. Bush's advisers are preparing for the
ultimate "what if" scenario: What happens if Bush wins the
popular vote for President, but loses the White House because Al
Gore's won the majority of electoral votes?
"Then we win," says a Gore aide. "You play by the rules in force
at the time. If the nation were really outraged by the
possibility, then the system would have been changed long ago.
The history is clear."
Yes it is, and it's fascinating. Twice before, Presidents have
been elected after losing the popular vote. In 1876, New York
Gov. Samuel Tilden won the popular vote (51% to 48%) but lost the
presidency to Rutherford Hayes, who won by a single electoral
vote. Twelve years later, in 1888, Grover Cleveland won the
popular vote by a single percentage point, but lost his
reelection bid to Benjamin Harrison by 65 electoral votes.
The same thing almost happened in 1976 when Jimmy Carter topped
Gerald Ford by about 1.7 million votes. Back then, a switch of
about 5,500 votes in Ohio and 6,500 votes in Mississippi would
have given those states to Ford, enough for an Electoral College
victory. But because it didn't happen, the upset over its having
almost happened faded rapidly.
Why do we even have the Electoral College? Simply put, the
Founding Fathers didn't imagine the emergence of national
candidates when they wrote the Constitution, and, in any event,
they didn't trust the people to elect the President directly.
A lot has changed since then, including the anachronistic view
that the majority should be feared. But the Electoral College
remains.
So what if Gore wins such crucial battleground states as Florida,
Michigan and Pennsylvania and thus captures the magic 270
electoral votes while Bush wins the overall nationwide popular
vote?
"The one thing we don't do is roll over," says a Bush aide. "We
fight."
How? The core of the emerging Bush strategy assumes a popular
uprising, stoked by the Bushies themselves, of course.
In league with the campaign _ which is preparing talking points
about the Electoral College's essential unfairness _ a massive
talk-radio operation would be encouraged. "We'd have ads, too,"
says a Bush aide, "and I think you can count on the media to fuel
the thing big-time. Even papers that supported Gore might turn
against him because the will of the people will have been
thwarted."
Local business leaders will be urged to lobby their customers,
the clergy will be asked to speak up for the popular will and
Team Bush will enlist as many Democrats as possible to scream as
loud as they can. "You think 'Democrats for Democracy' would be a
catchy term for them?" asks a Bush adviser.
The universe of people who would be targeted by this insurrection
is small _ the 538 currently anonymous folks called electors,
people chosen by the campaigns and their state party
organizations as a reward for their service over the years.
If you bother to read the small print when you're in the booth,
you'll notice that when you vote for President you're really
selecting presidential electors who favor one candidate or the
other.
Generally, these electors are not legally bound to support the
person they're supposedly pledged to when they gather in the
various state capitals to cast their ballots on Dec. 18. The
rules vary from state to state, but enough of the electors could
theoretically switch to Bush if they wanted to _ if there was
sufficient pressure on them to ratify the popular verdict.
And what would happen if the "what if" scenario came out the
other way? "Then we'd be doing the same thing Bush is apparently
getting ready for," says a Gore campaign official. "They're just
further along in their contingency thinking than we are. But we
wouldn't lie down without a fight, either."
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richard
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response 19 of 57:
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Dec 15 17:07 UTC 2000 |
and it would only take, wha? three electors to change their minds to to
flip the election? might there be three electors from gore's homestate
who regret that Gore won the popular vote and didnt get the win, who would
change their votes on principal?
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polygon
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response 20 of 57:
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Dec 15 17:09 UTC 2000 |
Re 19. Reread #0. For most Republican electors, including probably
ALL of the ones in Tennessee, flipping would be almost suicidally self-
destructive.
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polygon
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response 21 of 57:
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Dec 15 17:12 UTC 2000 |
(And, yeah, Jan is right to question my prediction of as many as seven
flips. I'm guessing now more in the range of zero to one.)
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polygon
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response 22 of 57:
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Dec 15 18:24 UTC 2000 |
Another data point on the faithless elector debate. This is the current
editorial in The Nation. Though I sympathize somewhat, I do not agree
with what is suggested here. NEVERTHELESS, this should demonstrate that
there are voices out there prepared to thank the flippers rather than
denigrate them.
The Nation editorial
Wanted: Three Electors
Let the chattering classes focus on chads and undervotes and
Florida recounts and what the courts--state and federal, all
the way up to the Supreme Court--would or wouldn't do. Let
us not forget that the candidate who won the national
popular vote falls only three votes short of a clear
Electoral College majority even without Florida. If on
December 18, the day the Electoral College convenes to cast
its ballot, three Republican electors decide on their own to
vote for him, all the speculation is moot.
Our purpose is to argue that our three hypothetical electors
should so decide and that American democracy would be the
better for it. And that this particular election, because it
is so close and because it has raised fundamental issues of
voting rights, provides the right historic moment for such a
gesture. In 1960, another close election, Ted Lewis argued
in The Nation that there was such revulsion against the
Electoral College that it "would certainly now be on its way
out" if it hadn't "functioned on November 8 in accordance
with the national will."
Election 2000's clouded outcome has highlighted some glaring
flaws in our electoral system--uncounted votes, confused
voters, voters rejected (see David Corn, on page 5)--which
has stimulated a growing sentiment for reform. And so while
the country's mood is hospitable to reform, why not abolish
the most undemocratic institution of all--the Electoral
College?
That's where our hypothetical three electors come in. By
casting their votes for the popular-vote winner, in the
short run they would guarantee the election of the man who
won the popular vote; but more important, in the long run
such a gesture might break the antidemocratic stranglehold
of the Electoral College on American politics. Let's be
clear: We are not urging them to vote for the popular-vote
winner because we support Al Gore. We are urging them to
cast such a vote because it would be the right thing to do--
legally, morally and politically.
It will immediately be objected that what we are proposing
is an invitation to electoral anarchy, that history has
rightly stigmatized the thirteen electors who switched their
votes in previous presidential elections as "faithless
electors." Besides, Vice President Gore himself has said he
would "not accept" Republican electors. But the Vice
President has no say about the matter, any more than he has
a say about not accepting the vote of those whose party
affiliations or (political) motives he finds repugnant. Even
a Gore concession speech doesn't bind the electors.
As for those faithless electors, we would argue that if you
have a system of electors instead of direct democracy, the
possibility of defection goes with the package. What is
more, if three or more Republican electors decide to cross
over, far from creating electoral anarchy, their actions
would be legally defensible, morally beneficial and
politically desirable.
Legally, because under the Electoral College electors are
not bound by the Constitution to follow the popular vote,
and in twenty-four states they remain free to vote their
conscience. In twenty-six others they are required by state
law to follow the popular vote. Scholars like Akhil Reed
Amar and Mark Tushnet argue that electors are totally free
agents.
Morally, because their action would prevent the presidency
of a man who lost the popular vote. It also brings us a step
closer to the democratic ideal of one person, one vote. The
Electoral College was created by the Framers under a deal
with the slaveholding states to give those states added
clout in the new Union. The Framers distrusted the popular
will. As Alexander Hamilton wrote in The Federalist Papers,
"A small number of persons, selected by their fellow-
citizens from the general mass, will be most likely to
possess the information and discernment requisite to such
complicated investigations" to choose the "Chief
Magistrate." They did not anticipate political parties or
the current practice of electors pledging to vote in
accordance with the popular vote in their state.
Politically, because ultimately the fortunes of both
parties--and minority parties as well--would be strengthened
by a more democratic government. The smaller states now
wield disproportionate influence in elections. And without
the need to troll for electoral votes, candidates would be
motivated to campaign in all fifty states, not merely the
big contested ones.
Passing a constitutional amendment to abolish the Electoral
College will not be easy. But the dramatic gesture of three
electors or more defying the Electoral College could
concentrate the nation's attention wonderfully and help
jump-start a movement for reform. It might at least
stimulate collateral reforms in the states, along the lines
of the present systems of appointing electors in Maine and
Nebraska, only carrying it further.
In the past, faithless electors were eccentric loners. This
year they could be electors of conscience--the people's
electors. Their action would cause a firestorm in the House.
But such high constitutional drama would open a national
debate on the legitimacy of the Electoral College. It's time
to start that debate.
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krj
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response 23 of 57:
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Dec 15 18:25 UTC 2000 |
My vague recollection is that one of the DC electors announced a plan to
abstain, in protest against DC's lack of voting representation in
Congress.
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ashke
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response 24 of 57:
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Dec 15 18:52 UTC 2000 |
Here is my 2 cents worth. I think this has all been premature. It always
has been. If the election isn't over until the Electoral College votes, there
is NO reason for the candidates to conceed BEFORE that election.
flippers or no flippers, if the american people do not choose the president,
(ie, popular vote) then the election hasn't happened until the EC votes. So
"president-elect" is jumping the gun. And I can't wait to see what happens.
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polygon
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response 25 of 57:
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Dec 15 20:04 UTC 2000 |
Another article, this from the conservative Washington Times:
Three 'faithless electors' could still give election to Gore
By Frank J. Murray
THE WASHINGTON TIMES
A month-long crusade to persuade three of Texas Gov. George
W. Bush's 271 hard-won electors to switch sides still could
make Vice President Al Gore president.
In his concession speech Wednesday, Mr. Gore assured
Americans that the Electoral College would ratify Mr. Bush
as president-elect when electors meet Monday in 50 state
capitals and in the District of Columbia.
But there is nothing in the law or Constitution that can
prevent "faithless electors" from deserting their candidate.
That has sparked speculation since November, when a veteran
Democratic operative said that he was "trying to kidnap"
Bush electors who might be willing to switch to Mr. Gore.
And in the five weeks since Election Day, tens of thousands
of e-mails, letters and phone calls bombarded 172 Bush
electors as a result of an Internet campaign engineered by
two California college students, who say the popular vote
should prevail over the Electoral College.
"I think this is exactly the kind of situation where the
Founders, who originated the Electoral College, might want
unbound electors to exercise discretion," said Beverly Ross,
of Coral Gables, Fla., co-author of an Electoral College
study cited twice in Tuesday's Supreme Court decision in the
case of Bush vs. Gore.
There is precedent for mass defection as recently as 1960,
when six Alabama electors who signed pledges to Sen. John F.
Kennedy voted for Sen. Harry Byrd, Virginia Democrat, under
a segregationist plan hatched by a Montgomery, Ala., lawyer
who also persuaded Oklahoma elector Dr. Henry D. Irwin to
switch from Richard Nixon to Mr. Byrd.
Other electors made their political statement one at a time,
but none ever changed an election outcome. No electors
switched sides in 1876, when Rutherford B. Hayes won by one
vote in the Electoral College.
Mr. Gore would have to get votes from three "faithless
electors" to achieve the 270 electoral votes needed to
become president. Gaining those three electors is the goal
of an organized effort to convince Bush electors that Mr.
Gore's 337,576 popular-vote plurality trumps the
Constitution's system for choosing presidents.
Two switchers would only tie the vote 269-269 and throw the
election into the House, where a Republican majority is
likely.
There are 140 Bush electors totally unbound either by state
law or signed pledge _ including 11 in Mr. Gore's home state
of Tennessee, where the electoral vote is by secret ballot.
The remaining 131 _ including 59 in other states using
secret ballots _ know that no "faithless elector" has ever
been prosecuted for switching sides.
In 1952, the U.S. Supreme Court ruled 7-2 that political
parties could require electors to sign a pledge to vote for
their party's nominee for president. Six states and the
District have such a pledge, enforceable by party
discipline.
Twenty states have statutes binding delegates to vote for
the candidate they were elected to vote for. New Mexico,
Oklahoma and South Carolina prescribe criminal penalties and
three others _ North and South Carolina and Michigan
_nullify "faithless" votes and replace the elector on the
spot.
When published reports identified four Bush electors as
potential converts, those four were bombarded with calls,
pro and con, more heavily than the overall group. "I am
casting my vote for George W. Bush," said Frances Sadler, of
Ashland, Va., contradicting those reports.
"No way would I switch," said Joe Arpaio, of Scottsdale,
Ariz., the sheriff of Maricopa County, who gained fame for
housing 1,400 of his 7,300 jail inmates in a tent city,
forcing female convicts to work on chain gangs, and muting
macho males by clothing them in stripes and underwear dyed
pink.
"I guess you have First Amendment rights, but if they come
down here and violate any law, try to bribe me or anybody
else, they're going to be in Tent City wearing pink
underwear," Sheriff Arpaio told The Washington Times.
The other two electors targeted in a Wall Street Journal
report _Wayne McDonald, of Derry, N.H., and Mamon Wright, of
Memphis, Tenn. _ were not answering phones or taking
messages.
While the recount still was at an impasse, the vice
president's campaign actively studied ways to recruit enough
electors to win, even as it publicly repudiated free-lance
efforts to "kidnap" a few votes, The Times learned from an
authority on the Electoral College who was advising the Gore
organization.
"Gore is three electors away from a victory, two away from a
tie. Some might defect," he said, refusing to respond when
asked if any recruits were on board.
His statements seemed to contradict public disavowals by
Gore strategists, including former Secretary of State Warren
G. Christopher.
"The vice president has said he never would engage in that
kind of activity and I'm sure he wouldn't. I believe he
would discourage it," Mr. Christopher said.
"No matter what happens in Florida, switching electors will
still be an open question. . . . Gore and Christopher can't
control that," said former New York Gov. Mario Cuomo, a
Democrat.
"I take Secretary Christopher at his word. Mario is
dreaming," countered John Sununu, former Republican governor
of New Hampshire and President Bush's first chief of staff.
"Republican electors aren't leaning one iota toward changing
their commitment."
That was the view from Bush headquarters in Austin after
supportive conference calls urging Republican electors to
stay true, according to campaign spokesman Ray Sullivan.
"It's certainly unusual for one side to contact the others.
We were disappointed with the Democrats' efforts to
investigate Republican electors and try to pressure them
into switching," Mr. Sullivan said.
"We expect our electors to support Governor Bush," he said.
The Gore campaign consultant, who asked not to be
identified, also said the now-defeated Florida slate of
Democratic electors still could meet Monday and mail their
vote to Washington without certification. If that happened,
according to a National Archives official, the competing
slate also would be placed before the Joint Session of
Congress on Jan. 6.
The Times learned yesterday that Florida Democrats had a
contingency plan to do precisely that. Until Mr. Gore's
concession speech, the plan was so solid the Democratic
Party reserved a meeting room in the state Capitol.
"We had to be prepared," Tony Welch, Florida Democratic
Party communications director, said in an interview when
asked if that prospect had been floated.
"More than raised and studied _if there was no concession
and the Florida Legislature had done what we think is
illegal and Gore had won the vote based on a recount, we
were ready with our electors meeting," Mr. Welch said.
"My understanding is that, as of this very moment, our
electors are not going to meet," Mr. Welch added, saying
that reflected the policy of Florida Democratic Chairman Bob
Poe.
Susan Cooper, spokeswoman for the National Archives, which
administers Electoral College affairs, confirmed such a ploy
would put a conflicting slate's claim before Congress, as
occurred in 1960, when Hawaii sent three claims for their
three electoral votes, two of them certified by succeeding
governors of opposite parties.
"What we did in that case and what we would do again, if the
situation comes up, is let Congress decide. We would send
forward any certificates we received," Miss Cooper said.
Dozens of Bush electors contacted by The Times uniformly
reported barrages of phone calls, e-mails and letters. About
one-third were from Democrats urging them to switch sides,
and most of the rest asked them to stick to their guns, they
said.
"No one has been so indecorous as to be threatening or to
say they'd open a seven-figure bank account for me in the
Caymans, but a lot of callers seemed to come from the
shallow end of the gene pool," said West Virginia elector
John McCutcheon, executive director of the Bush campaign in
that state.
Much of that uprising was the Internet-based brainchild of
government majors David Enrich, 21, of Boston, and Matt
Grossmann, 21, of Columbia, Mo., at Claremont-McKenna
College in California.
Their project began two years ago under the name Citizens
for True Democracy to abolish the Electoral College system.
It transformed on Dec. 10 into Vote With America, whose Web
site (www.votewithamerica.com) sparked the outpouring of e-
mail to 172 Bush electors, whose addresses were posted.
"We hope that two or three electors will agree with our
logic," said Mr. Enrich, who said he and Mr. Grossmann side
with neither candidate. He also said they do not endorse the
implied threat of investigating electors' backgrounds that
was raised by Democratic consultant Bob Beckel of Alexandria
during a cable-television interview.
"I'm trying to kidnap these electors in states that [Mr.
Bush] won that are not legally bound to him that have a
right to vote how they want to," said Mr. Beckel, whose plan
was publicly disavowed by Mr. Christopher.
While conceding that Mr. Beckel would not break any laws so
long as he avoided coercive acts that look like extortion,
constitutional law professor Paul Campos, of the University
of Colorado, countered with a war of words against the
crusade.
"I think the unfortunate tendency we have in this culture is
to equate what is legal with what is sort of decent," Mr.
Campos told The Times. "You can go on television and
announce your plans to burgle the presidency of the United
States, and nobody blinks an eye. The very fact that
Beckel's plan could actually succeed . . . is a testament to
the risk that a kind of mad corruption will soon engulf this
whole affair."
Mr. McCutcheon, the West Virginia elector, agreed and said
the modest Beckel plan to find three votes may fail only
because he went public, galvanizing Republican slates
nationwide.
"Beckel might have succeeded if he hadn't been open and
notorious," Mr. McCutcheon said. "What the coordinated
effort by the other side has done is make us all stick
together."
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aaron
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response 26 of 57:
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Dec 15 22:50 UTC 2000 |
Being "open and notorious" means you lose? I guess, then, that you
can't win electors by adverse possession.
(Hm. A bit obscure. Okay... a lot. But I know one or two people will
get it.)
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mdw
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response 27 of 57:
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Dec 16 00:55 UTC 2000 |
You can still win electors by demonic possession.
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albaugh
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response 28 of 57:
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Dec 16 02:18 UTC 2000 |
Certainly there are legal and political justifications for a faithless
elector. But I reject the argument that there is a moral justification:
The Electoral College is not an immoral contrivance that demands "jury
nullification". It may have outlived its usefulness, as I happen to believe.
But there were no cries of indignation about heading into another presidential
election with an immoral EC in place. It didn't break the nation apart in
1888 when the popular vote leader didn't assume the presidency. So there is
no moral issue in 2000 either.
That being said, the popular vote leader not slated (if you pardon the pun)
to assume the presidency is one of the few, if not the only justification for
an elector to be faithless.
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