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09 August 2007
Red Alert: Watch out, California Democrats. There's danger ahead.
If you read Hendrik Hertzberg in the August 6 New Yorker, or Jonathan Alter in the August 13 Newsweek, or Hannah-Beth Jackson at her Speak Out California website, then you'll know that we California Democrats may be facing a daunting challenge in June 2008.
Note how the three authors have slugged their pieces: Hertzberg calls his "Votescam." Hannah-Beth tells us that the Republicans are "Trying to steal the Presidency — again!" Alter goes with a three-fer: "Is California GOP Trying to Steal the 2008 Election?" "A Red play for the Golden State" "There's some malicious mischief at play in efforts to reform our electoral system." Bam! Bam! Bam!
This is serious stuff, and will require us to be on our activist mettle at the very moment we'd most like to take a breather. Dammit, we have another election — in June 2008. It's only the presidential primary that's been unbundled from our usual June ballot. The primaries are held then for all the other offices up for a vote in November. It's the perfect opportunity to put stealth initiatives on a ballot that too many people will regard as ho-hum.
The Repubs will be angling to get us to vote for something they've named with perfect Rovian pitch. Here's how Alter describes its intended effect:
The Presidential Election Reform Act would award the state's electoral votes based on who wins each congressional district. Had this idea been in effect in 2004, Bush would have won 22 electoral votes from California, about the same number awarded the winners of states like Illinois or Pennsylvania. In practical terms, adopting the initiative would mean that the Democratic candidate would likely have to win both Ohio and Florida in 2008 (instead of one or the other) to be elected.
[Alter tells us that Democrats are hoping to do a similar deal in North Carolina, where far fewer votes are at stake. In all fairness, we should stand in opposition to that ploy as well.]
The California effort may, in fact, not be constitutional — the Constitution gives only state legislatures the power to change how electors are chosen — so it will face a court challenge. Will it pass muster? We don't know that yet. But this is a development that bears close watching, and major action when and if the initiative is cleared for the ballot.
Meanwhile, please read the linked articles, know the stealth terminology, and stay wary.
Posted by EDN on August 9, 2007 at 02:04 PM in California, Election '08, Red Alert, Scoundrel Time, True Blue v. Red Menace | Permalink
Comments
Don't be so timid; this definitely is not constitutional. The Electoral College is a federal body, and its selection is clearly stated in the U.S. Constitution:
"Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector."
That is crystal clear. The method of selecting Electors can no more be set by a ballot initiative than the number of them can.
People have been hoodwinked into thinking that the U.S. Constitution is some esoteric document that only constitutional lawyers can fathom -- but it's not; much of it is quite straightforward. The state legislature needs to assert itself and refuse to have its constitutionally mandated power usurped -- in California, North Carolina, or anywhere else.
Posted by: Jim Balter | Aug 16, 2007 4:11:22 PM
You're quite right, of course. On the face of it, this action is definitely not constitutional. But I have to believe that those smart Rethug lawyers and their big money backers would not be going ahead with this if they didn't see some argument to get around the constitutional impediment.
I'm certainly doing all the research I can -- and have e-mails out to a couple of California wise ones, familiar with the intricacies of legislative and ballot processes, to try to gain some insight on how the sponsors of the initiative think they can make this stick.
I'll post more as soon as I have more.
Thanks for your comment!
Posted by: Ellen Dana Nagler | Aug 16, 2007 4:43:53 PM
I think one problem will be the deceptively reasonable nature of the proposal. There will be many people who see it as a fair way of dealing with the patently unfair "winner-takes-all" elections we have now. After all, if Florida had such a system in 2000, we might be deep into Gore's second term.
That's hard to argue, except that unilaterally changing from winner-takes-all to proportional or district-by-district electors is patently unfair. Every state would have to award electoral votes proportionately to even the playing field again.
Nevertheless, don't discount the Rethugs' Orwellian marketing abilities. I predict they will be describing this maneuver as something that empowers the underclass.
Posted by: Chiaroscuro | Aug 30, 2007 2:29:12 AM
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