Political Party ~ Two Party System Failed?
Government Based on the Original United States Constitution
~ Proposed and Submitted by Johnnie Johnson
July 11, 2011
HOW THE ELECTORS ARE CHOSEN TODAY, AND HOW THEY FUNCTION IS VERY DIFFERENT FROM WHAT THE FOUNDERS OF THE CONSTITUTION SET UP.
The Congressional Research Service, (CRS) is a part of the Library of Congress and is referred to as the ‘think tank’ for Congress. This is what they said about the selection and function of presidential electors of today. (From CRS for Congress #RS20273)
Begin Quote: “The existence of the presidential electors and the duties of the electoral college are so little noted in contemporary society that most American voters believe that they vote directly for President and Vice President on Election Day. In fact, they are actually voting for a slate of candidates for the office of elector nominated by a party or other political group, and pledged to support the candidates of that party. …in most states, the names of individual electors do not appear anywhere on the ballot; instead only those of the various candidates appear, often prefaced by the words ‘electors for.’ …
“Presidential electors in contemporary elections are expected, and, in many cases pledged, to vote for the candidates of the party that nominated them.
“While the Constitution is silent on the formula for awarding electoral votes, 48 states and the district of Columbia currently use the general ticket or ‘winner-take-all’ system.”
“One alternative plan” (for the remaining two states) “…is the district system, which has been adopted by Maine and Nebraska. Under the district system, two electors are chosen on a statewide, at-large basis, and one is elected in each congressional district.” End Quote (CRS Report for Congress #RS20273 The Electoral College: How it Works in Contemporary Presidential Elections) (Emphasis added)
These methods in the CRS report above, are currently used through out the nation. I will use my state of Utah as an example of what this CRS report to Congress is saying of today’s process.
Utah is one of the 48 states, “winner-take-all” and is primarily a two party state, Republican and Democrat, as the rest of the nation seems to be. We have 3 members in the House and 2 Senators in Congress, qualifying Utah for a total of 5 electors.
In preparation for the Presidential election, each political party selects 5 presidential electors according to their party rules, and sends their names to the Lieutenant Governors office. Following the election, where the people thought that they were voting directly for President and vice President, the votes are counted up. Instead though of the popular votes then being added with the votes of other states to see which person shall obtain the most popular votes and be our new President, the popular voting count stops with the state.
Let us say that the Republican Party carried the state with 51% of the popular vote. Then the Lieutenant Governor’s office will send the appropriate paper work to the electors which the Republican Party chose. These electors will come forth on the appointed day and cast not just their winning percentage, but all of the states electoral votes for their party’s Presidential and Vice Presidential candidates. This is the winner-take-all spoken of in the CRS report. These electoral votes will then be totaled certified and sent to Washington directed to the President of the Senate to be processed before Congress on the set day.
In the example above, the Republican Party carried the state with 51%. This means that 49% chose to support another candidate. Is there a true-blooded American anywhere that really believes that the votes cast for the less popular candidate in this state, must be taken from those Americans that cast the unsuccessful votes, and changed to reflect votes cast for the more popular candidate? The 51% of the popular vote for a candidate is not equal to 100% of the state’s electoral votes. Yet this is what takes place. The winner receives all the electoral votes. Who is supposed to be represented in the 49% that is added to the 51% to obtain all of the state’s electoral votes? The voters for the unsuccessful candidate certainly will not agree to change their votes just because they lost! To vote in America is supposed to be a protected even sacred privilege and responsibility. This manipulating the votes is totally un-American.
The following is the Utah code governing presidential electors, demonstrating the accuracy of the CRS report above, and shows Utah as being one of the 48 states for “winner-take-all”. (Emphasis added.)
20A-13-301. Presidential elections -- Effect of vote.
(1) (a) Each registered political party shall choose persons to act as presidential electors and to fill vacancies in the office of presidential electors for their party's candidates for President and Vice President according to the procedures established in their bylaws.
(b) The person designated as liaison with the lieutenant governor’s office shall transmit to the lieutenant governor the names and addresses of the persons selected by the political party as the party’s presidential electors. (2) The highest number of votes cast for a political party's president and vice president candidates elects the presidential electors selected by that political party.
20A-13-302. Certificate of election.
(1) The lieutenant governor shall transmit certificates of election to each of the electors selected by the political party whose candidates for president and vice president received the highest number of votes in Utah.
(2) …
20A-13-303. Filling vacancies.
If there is a vacancy in the office of presidential elector because of death, refusal to act, failure to attend, ineligibility, or any other cause, the political party represented by the elector who caused the vacancy shall immediately fill the vacancy.
20A-13-304. Meeting to ballot -- Casting ballot for person not nominated by elector's party.
(1) The electors shall meet at the office of the lieutenant governor at the state capitol at noon of the first Wednesday of the January after their election, or at noon of any other day designated by the Congress of the United States of America.
(2) After convening, the electors shall perform their duties in conformity with the United States Constitution and laws.
(3) Any elector who casts an electoral ballot for a person not nominated by the party of which he is an elector, except in the cases of death or felony conviction of a candidate, is considered to have resigned from the office of elector, his vote may not be recorded, and the remaining electors shall appoint another person to fill the vacancy.
END OF EXCERPTS FROM UTAH CODE:
Check your State! The codes through out the Nation, serve essentially the same purpose, to structure a winner take all, except Maine and Nebraska, which may have changed by now.
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