I've posted a number of times on the so-called National Popular Vote Plan to try to bypass the constitution and the Electoral College it mandates. Obviously, I do not approve of the idea or the way it is trying an end-around on the Constitution of the United States. Supporters of a popular vote for the presidential election have tried - and failed - to do it the right way in the past. That is by trying to get an amendment to the Constitution through Congress. The wrong way, I think, is to try to forge a compact between the states in defiance of the prohibition on that that is in the Constitution. David Broder sees the problems in this approach as well.
The scheme, invented by John R. Koza, a Stanford professor, relies on the provision of the Constitution giving legislatures the power to "appoint" their presidential electors. If legislatures in enough states to make up a majority of the electoral college — 270 electoral votes — pledge to commit those votes to the candidate winning the national popular vote, no constitutional amendment is needed. Bayh and other high-minded individuals, such as former Illinois Republican representative John B. Anderson, a one-time independent presidential candidate, support the plan, arguing that it is a perfect expression of 21st-century democracy, while the electoral college is a relic of 18th-century thought.
All votes should count equally, no matter where they are cast, they say. Bayh told the Maryland legislators that Baltimore and Indianapolis voters are ignored by the presidential candidates because they live in states where one party dominates (Republicans in Indiana; Democrats in Maryland), while small-town voters in Ohio and Wisconsin are flooded with attention simply because their states are closely contested.
What is worse, they say, the electoral college made George W. Bush the winner in 2000 although Al Gore got half a million more votes, and such a result could happen again. Those arguments have persuaded a wide variety of others, including the New York Times editorial page and columnist E.J. Dionne Jr., to sign on to the plan.
The sincerity and stubborn persistence of Bayh and the others notwithstanding, this is a questionable proposition. No one knows what the abandonment of a federal principle — voting by state for the highest officer in the land — would mean for American politics and government.
I do not believe the measure will get past the Supreme Court, regardless of what its supporters say. But that is a separate issue. There are a lot more issues about this initiative that are not being fully explored, as Broder points out. The absolute nightmare of a national recount in a close election is one of them. So is the complete abandonment of the smaller states that will happen. Candidates will not campaign in all the states, as supporters say they will. They will only concentrate on the largest, vote-rich areas. The smaller states will become voiceless in the process.