Is the Electoral College fit for purpose?
Waster votes/misfire election
Biden v Trump, Arizona, 49.3% to 49% - all 11 votes went to Biden
Biden v Trump, California, 63% to 34% - extra votes wasted for Biden
Misfire – Clinton won by 2.8 million votes lost by 77 votes
Only 5 misfire elections since electoral college formation
Legitimacy comes from fairly winning by the rules
Issues with other methods – Congressional District Method (Maine + Nebraska) would
increase chances of no winner by majority of popular vote
EC violates ‘one person one vote’
From Gray v Sanders 1963
Every elector should represent 600,000
But Wyoming shouldn’t even have 1 vote – overvalued
California has 39 million, should have 65 votes gets 55 votes – undervalued
Preserves voices of small states – tyranny of the majority
Should be even more of a concern now
o 1788, small vs big stages X4 as many
o 2020, small vs big states X18 as many
Two horse race - third party candidates
Clinton 43% v HW Bush 38% v Ross Perot 19%
32 seats v 18 seats v 0 seats
Winner takes all divides, polarises, segregates country
National unity – more likely for winner to take 50%
o In 27/40 elections, winner received more than 50%
Perot attacked HW Bush on lacking economic know-how on recession and increasing
national debt
Waster votes/misfire election
Biden v Trump, Arizona, 49.3% to 49% - all 11 votes went to Biden
Biden v Trump, California, 63% to 34% - extra votes wasted for Biden
Misfire – Clinton won by 2.8 million votes lost by 77 votes
Only 5 misfire elections since electoral college formation
Legitimacy comes from fairly winning by the rules
Issues with other methods – Congressional District Method (Maine + Nebraska) would
increase chances of no winner by majority of popular vote
EC violates ‘one person one vote’
From Gray v Sanders 1963
Every elector should represent 600,000
But Wyoming shouldn’t even have 1 vote – overvalued
California has 39 million, should have 65 votes gets 55 votes – undervalued
Preserves voices of small states – tyranny of the majority
Should be even more of a concern now
o 1788, small vs big stages X4 as many
o 2020, small vs big states X18 as many
Two horse race - third party candidates
Clinton 43% v HW Bush 38% v Ross Perot 19%
32 seats v 18 seats v 0 seats
Winner takes all divides, polarises, segregates country
National unity – more likely for winner to take 50%
o In 27/40 elections, winner received more than 50%
Perot attacked HW Bush on lacking economic know-how on recession and increasing
national debt
