Law in Contemporary Society
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Elevating Participation in American Presidential Elections

Problems with the Voting System

The oft repeated goal of the American voting system is to provide each citizen an equal say in choosing his representatives. In every election, both candidates make a point to tout the continued success of the electoral system and how it represents quintessential American virtues: participation, freedom, choice, democracy. But a quick look at our voting system as compared to the other liberal democracies tells a different story. Voter turnout and registration in the United States remains comparatively lower than that of other Western democracies. Even in the most hotly contested presidential elections, turnout among the voting eligible population hovers around 60%, and in legislative elections with no presidential vote, turnout is around 40%. Given the amount of media coverage around a Presidential election, this seems a strange phenomenon. Western Europe, by contrast, has consistent voter turnout between 75-80%.

Sometimes, candidates who win the popular vote do not win the Presidency, as we saw in 2000. Results like these only encourage political parties to pursue a strategy of total war in 10 or 12 states, while ignoring states they consider lost causes or easy wins. Additionally, the system disenfranchises voters in states considered solidly in one camp or another. If a party knows they will get 50% plus one vote, they have no incentive to campaign in a non-battleground state beyond rousing the base for donations.

Historical Underpinnings

The Electoral College was created at a time when the Founders did not trust the mob to cast informed votes for President. Despite the names on the ballot being for presidential candidates, voters today still vote for slates of electors, who are technically free to cast their ballots for any presidential candidate they choose. By federal statute, Election Day is set for the Tuesday after the first Monday in November because in pre-industrial America, multiple days were required for travel, which could not coincide with the Sabbath or late-week market days. Tuesday is now within the traditional 40-hour, 9-5 work week, and commuters are forced to vote after work. Also, we no longer publicly hold a view that it is unwise for the people to directly elect the president, rendering the main purpose of the Electoral College an anachronism.

Possible Solutions

Reform Election Day

Low voter turnout cannot simply be explained by an Electoral College system that encourages parties to concentrate attention and resources on a few battleground states. Even in "high excitement" states like Pennsylvania, New Hampshire, Florida, and Ohio, turnout is rarely over 70%. The problem of how to increase voter turnout on days when people are expected to go to work and take their children to school is a not a new one, and the solution is simple, either move Election Day to the first Saturday in November, make it a national holiday, or do both.

Same-Day or Automatic Registration

Same day registration, where voters can register at the polls, has long been opposed on the grounds that it will encourage voter fraud and increase lines at polling places. A system of automatic national voter registration, similar to the Selective Service System or European systems, would be the most efficient solution. Voter registration is the province of state governments, and so any solution here will need to be instituted state-by-state or by Constitutional amendment.

The National Popular Vote

The proposal that would engender the most criticism would involve eliminating the Electoral College through a constitutional amendment, or convincing enough states to sign legislation awarding all of their votes to the candidate with the most popular votes. This would force candidates to campaign nationally, widening people's direct exposure to national politics. A few states have already passed laws requiring the electors to cast their ballots for the winner of the presidential popular vote, and once enough states pass these laws they will go into effect.

The Interests Opposed to Change

The rhetoric used by the opposition will appeal to voters' sense of patriotism, history, tradition, and individualism. There will be appeals to the Founding Fathers "if the Electoral College was good enough for them, why isn't it good enough for you?" and to the mythical "good voter", "why should we change what the responsible, informed voters have been successful at for so long?" This rhetoric, however, is not fundamentally different than the rhetoric always used to stifle reform. What will allow for real change in the system is to understand the interests that will oppose change.

The national parties have been fighting the same familiar, straightforward battles for decades. With a national popular vote, however, the side that wins will not only need to convince independents, but also increase turnout in high-population states or states where they already have a strong base. This will require many different messages for different kinds of voters. A New England Republican, after all, is a different breed than a Texas Republican. Factionalism that would normally be present only during the primaries would spill over into the general election, as voting for third party candidates is now a viable option.

Five or six states can consistently be classified as battleground states with another 10 or so "on the bubble." These states understand the power they wield in national elections. Local politicians of both parties know that zealous advocacy for a national candidate on the local level can translate into rewards when the party comes into power. Powerful politicians from these states understand that they are in high demand when it comes time to select a Vice President. These states will be vehemently opposed to any election reforms that dilute the extraordinary pull they have in presidential elections. Any reforms that increase the participation of the lower class, who have the lowest turnout of any socioeconomic group, would be opposed by corporate interests and any politicians reliant on their backing.

-- By JonathanWaisnor - 17 Feb 2010


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r7 - 26 Feb 2010 - 21:57:57 - JonathanWaisnor
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