December 15, 1969

Electoral College Faces Test Vote

The nation's senators, home for the July 4th recess, are quietly assessing the attitude of citizens toward a far reaching change in the U.S.  Constitution scheduled for a test vote immediately upon reconvening of Congress.

An amendment to abolish the Electoral College has been brought before the upper house once again by Senator Birch Bayh, Democrat of Indiana.  He has succeeded in getting the required signatures to a petition to cut off debate on the controversial issue.

Bayh says, "We hope to be able to clear the decks so we can have an up or down tote on the matter of how we elect our president."

It is not likely so momentous a change in our political process will be adopted without prolonged public discussion.  A direct amendment - itself will not be taken lightly.

Undoubtedly the senator is aiming only to keep the pot boiling - an objective that no thoughtful citizen can quarrel with.

The Electoral College is an anachronism as presently constituted.  Over two centuries it has permitted a bit of mischief in presidential elections.  Yet, it has survived more than a hundred attempts to alter or abolish it.

Critics maintain it violates the principle of "one man one vote" recently enunciated by the courts.  Proponents contend that potential resistance to popular emotion is precisely the check and balance essential to representative government.

The writers of the Constitution were as wary of democracy as they were of monarchy.  They were afraid of the rise of demagogues who had paved the way for collapse of earlier Greek and Roman democracies.

A mix of election methods was sought to avoid domination by one or the other.  The House of Representatives was allowed a popular vote.  The Senate was to be elected by state legislators.  The Supreme Court was to be appointed.  Still another formula was needed for the chief executive.

The Electoral College was their unique invention to help establish cheeks and balances between the principal elements of government.

Experienced and respected elder statesmen were to be elected by state legislatures to carefully weigh the merits of all qualified men for the presidency.  Then the electors would select one candidate on the basis of ability and character.

In practice, the Electoral College functioned as intended only in the election of George Washington.  The formation of rival political parties and their influence quickly diminished the function of non-partisan electors.

Today, slates of electors are appointed by state party conventions or elected in party primaries.  Technically, November quadrennial elections determine party electors.  In a few states their names head the ballot, but in most states the name of the  presidential candidate to whom electors are pledged is all that appears.

The actual presidential election occurs on the first Monday after the second Wednesday in December at each state capital.  The ballots are forwarded to the President of the Senate who counts them on Jan.  6.

The Electoral College has given us nine so called minority president who have polled less than half those votings: James Buchanan 1856, Abraham Lincoln 1860, Rutherford B.  Hayes 1876, James A.  Garfield 1880, Grover Cleveland 1884 and 1892, Benjamin Harrison 1888, Woodrow Wilson 1912 and 1916, Harry S.  Truman 1948, and John F.  Kennedy 1960.

In all these cases, the two principal nominees were evenly matched, and minority candidates siphoned off enough votes to deny a majority.  This is not a fault of the college, of course, but it does place substantial responsibility on that body to fairly choose.

The Constitution provides as many electors as each state has senators and representatives, currently 538.  A majority of these votes (270) is required to elect a president.  If no candidate obtains a majority of electoral votes, the election of the president is thrown into the House of Representatives.

The House has had to choose the president twice and very nearly had to do so on a third occasion.

In 1800, electors pledged to the Democratic-Republican ticket of Thomas Jefferson for president and Aaron Burr for vice-president carelessly cast their ballots for both men for president, thereby creating a tie.  The House had to resolve the deadlock in Jefferson's favor but only after the opposition Federalists, in a fit of pique, came close to reversing the men in the offices.

John Quincy Adams, son of the second U.S.  president also gained the presidency by a House election.  He polled 509,000 votes less than Andrew Jackson in 1824.  However, two minority candidates pulled enough electoral votes from the popular candidates to prevent a majority for anyone.  The House, controlled by Adam's party, put him into office.

Fraudulent voting in three southern states during the election of 1876 cast doubt on the validity of electors.  Angry Democrats sent their own electoral votes to the Senate, challenging the official Republican ballot.  A special commission appointed the president of the Senate disallowed the Democrat electors by an 8 to 7 decision.  This allowed Hayes to gain the presidency by one electoral vote.

The Electoral College has pretty much become a quaint custom since then.

However, it remains a loaded gun capable of doing great harm if handled carelessly, but ready to protect our liberties if need be.

Author: Lindsey Williams