Democrats need big win
Gordon L. Weil
If the Democrats want to win the elections, they will have
to win big. The numbers are against them.
The Democrats depend on, well, democracy. They expect to win when they get a majority
of the votes. Maybe not. They could lose the presidency and Congress
because of election math.
In four presidential elections involving the two major
parties, the new president did not win a majority of the popular vote. All of the winners in these elections – Hayes
(1876), Harrison (1888), Bush (2000) and Trump (2016) were Republicans.
This outcome, which could well occur again in 2024, because
an understanding among the Framers of the Constitution has gone awry. At the time they wrote the document, their plan
would have resulted in the president being chosen by electors representing a
popular majority.
Before the first census, the Framers assigned seats in the
House of Representatives based on population estimates. The result was that a presidential candidate
relying on the smaller states would need nine states of the 13 to collect enough
electoral votes. Perhaps not
coincidentally, the Framers required ratification by at least nine states for
the Constitution itself to take effect.
But the Framers also understood that a candidate relying on
the larger states might need only six states to win the presidency. Those states’ electors would represent 55
percent of the population compared with the 51 percent represented in the
smaller states group.
In either case, when the Constitution was drafted, the
Framers could expect that the president would be elected by states inhabited by
a popular majority even if not chosen by a majority of the states.
History did not follow that rule. Today, it is mathematically possible for 41
smaller states to elect the president, though they have only 46 percent of the
population. At the other extreme, the
president could be elected by 12 states with 60 percent of the population.
Of course, states do not vote by population blocs but by
party. Many small, rural states are
controlled by the Republicans, who also dominate former Confederate states like
Texas and Florida. The Republican
candidate can win even without a popular majority, as Donald Trump did in 2016.
The proposed National Popular Vote Interstate Compact would
restore the traditional expectation of a popular majority. States with a majority of electoral votes would
agree that all will assign their votes to the presidential candidate having won
the majority of the national popular vote.
They would only be bound if all participating states kept this
commitment.
Maine has just become the most recent state to accept the
National Popular Vote. By narrowing the gap to only 61 more electoral
votes needed to join, the state’s move is significant.
Inevitably, the Supreme Court will be asked to rule on the
Compact and almost certainly its decision will be heavily influenced by
politics. In theory, though, the
national popular vote could occur without a compact as the result of independent
decisions of states with 270 electoral votes.
Maine has also been in presidential focus thanks to the way
it picks electors. The state, later
followed by Nebraska, decided to assign electors to the statewide victor and
the winner in each congressional district.
Other states use the statewide winner-take-all. The Second District in each
state has occasionally departed from the state’s total result.
Seeking another possible electoral vote for Donald Trump,
Nebraska is considering returning to pure statewide voting, eliminating the
possibility of Biden carrying Omaha. A
Maine Democratic leader has warned the Cornhuskers that Maine could retaliate
by taking away the chance it gives Trump to win a single vote.
Just as the current method of picking the president favors
one party, so does electing members of Congress. State legislatures can design congressional
district boundaries to divide voting groups to produce biased results. Gerrymandering sometimes aims at limiting seats
held by Blacks, but it often focuses on favoring one party.
Both parties gerrymander, but the GOP makes its moves in Texas
and Florida – the second and third largest states. The Supreme Court tries to block racial gerrymandering,
but avoids most political redistricting disputes, except where they have a
racial effect. Much gerrymandering has
already taken place, so the Court would have to unravel past actions.
Added to such creative House redistricting will be voter
suppression, often intended to limit minority voting. It’s based on unproven Republican assertions
of possible fraud in federal elections (but not in their own state races). It undermines efforts to increase participation.
Popular control of elections won’t improve for this year’s
elections. The Democrats would have to focus
attention on voting issues as a way to turn out their supporters. Faced with election reality, capturing seats
from the White House to Capitol Hill will require the Democrats winning by big margins
and carrying swing states.