An End Run Around the Electoral College

Every four years, folks pop up who want to get rid of the Electoral College and move towards direct popular election of the President. That was particularly true in the wake of the 2000 election, where Dubya lost the popular vote but won in the Electoral College. Doing away with the EC itself would require amending the Constitution and is probably not a realistic option. But states have some flexibility in how they interact with the Electoral College and change may be coming there.

Yesterday's New York Times had an article about an initiative on the Colorado ballot that would lead to the apportioning of the state's electoral votes. Unlike Maine and Nebraska, which award electoral votes to the winner in each Congressional district (it has always been the same throughout the state), Colorado would divide its electoral votes among the candidates based on their share of the popular vote. So if Dubya beats Kerry in Colorado by 51% to 49%, Dubya would get 5 electoral votes and Kerry would get 4. Under the traditional system, Dubya would take all 9 votes.

The Colorado proposal seems like an end-run around the EC to me. It basically tracks the popular vote, although some of the lesser candidates would not receive anything due to the rounding necessary when you only have 9 electoral votes (California might work differently). And, yes, it's a little shady to put the measure on the ballot this November and have it in effect during this year's Presidential election. Foes of the proposal (including a group called Coloradans Against a Really Stupid Idea) are claiming that it's all political, as Kerry stands to gain a few electoral votes from the traditional Republican stronghold. USA Today has arguments both pro and con today.