[EL] Two thoughts on the Electoral College and National Popular Vote

[Tara Ross]

I'm not sure national popular vote totals are ever **really** final.  I
had to update the Appendix in my book to reflect changed national
popular vote totals as far back as 1864.

http://www.taraross.com/2012/11/no-electoral-college-no-president-elect-
yet/ 

 

If anyone knows what prompted Congressional Quarterly to change its
totals, by the way, I would be curious to know.  I haven't had time to
investigate.

 

 

 

 

From: law-election-bounces at department-lists.uci.edu
[mailto:law-election-bounces at department-lists.uci.edu] On Behalf Of Sean
Parnell
Sent: Tuesday, November 27, 2012 10:52 AM
To: law-election at UCI.EDU
Subject: [EL] Two thoughts on the Electoral College and National Popular
Vote

 

Two items came across my Twitter feed today (h/t to Rick for both) that
I think have some bearing on the whole National Popular Vote/Electoral
Issue.

 

1.       Apparently only 17 states have completed their count of all
ballots, per this USA Today editorial (as a rule, I abhor citing
editorials, but I'm going to trust they got this fact right):
http://usatoday.com/story/opinion/2012/11/26/counting-votes-voting-syste
m/1728529/ I think the implications for National Popular Vote are pretty
obvious - had this been a closer election (say, Bush-Gore or
Kennedy-Nixon close) we'd still not know who the president was, and
there would be horrific legal battles being waged right now all across
the country over which ballots should or should not be counted. The
Electoral College seems to have provided conclusive clarity rather
quickly. 

2.      Second, apparently there's a theory floating around out there
that Romney could still be elected by the House of Representatives if a
number of states voting for Romney failed to submit their electoral
votes, depriving the Electoral College of a quorum (see here:
http://www.idahostatesman.com/2012/11/27/2360565/lawmaker-shares-last-ch
ance-idea.html). Absolute malarkey, to borrow from our Vice President.
Still, it does help to show the fallacy of what I call the 'English Bob'
<http://www.quotefully.com/movie/Unforgiven/English+Bob>  theory touted
by advocates of National Popular Vote, which is basically that the
passage of NPV would be so popular and accepted that there would be
little thought of challenge through the courts or legislative hanky
panky. To paraphrase, "Well there's a dignity to National Popular Vote.
A majesty that precludes the likelihood of partisan games. If you were
to attempt to draft a lawsuit or bill aimed at changing the election
your hands would shake as though palsied. I can assure you, if you did,
that the popularity of NPV would cause you to dismiss all thoughts of
resistance and you would stand... how shall I put it? In awe."

 

		

 

 

 

And yes, I have been waiting for a long time to unleash my English Bob
analogy.

 

Best,

 

Sean Parnell

President

Impact Policy Management, LLC

6411 Caleb Court

Alexandria, VA  22315

571-289-1374 (c)

sean at impactpolicymanagement.com

 

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