Tag Archives: popular vote

Democrat Scheme to Steal 2012 Election

Democrats attempt to bypass Electoral College in Presidential Elections

The most devious and cynical attempt to date for undermining our Constitution is taking place just below the radar, totally unknown to the average American. I am talking about the ongoing effort to nullify the Electoral College and circumvent the requirements of the Constitution through state law. The most recent state to join in the effort was New York, when its Senate on Wednesday, passed the National Popular Vote Bill 52-7.

The effort was started by a California based group called the National Popular Vote (NPV).  NPV was organized in response to the 2000 election when, they contend, Al Gore received 500,000 more popular votes than George Bush did, yet the Electoral College gave the victory to Bush. The purpose of NPV is to bypass the Electoral College and elect the President strictly on the results of the nationwide popular vote. The allure of the idea is that deciding the winner of the Presidential race by popular vote seems more democratic.

According to NPV, “The National Popular Vote bill would guarantee a majority of the Electoral College to the presidential candidate who receives the most popular votes in all 50 states and the District of Columbia. The bill would reform the Electoral College so that the electoral vote in the Electoral College reflects the choice of the nation’s voters for President of the United States.”

The plan is quite simple, Get enough states with combined Electoral College votes amounting to more than 270 to pass a state law allocating their state’s electoral votes to the candidate receiving the most national popular vote. The plan would make the Electoral College irrelevant without the messy requirement to pass a Constitutional Amendment.

“Under the U.S. Constitution, the states have exclusive and plenary (complete) power to allocate their electoral votes, and may change their state laws concerning the awarding of their electoral votes at any time. Under the National Popular Vote bill, all of the state’s electoral votes would be awarded to the presidential candidate who receives the most popular votes in all 50 states and the District of Columbia. The bill would take effect only when enacted, in identical form, by states possessing a majority of the electoral votes—that is, enough electoral votes to elect a President (270 of 538).”  ~NPV Website

Thus far, the bill has been signed into law in five states, Illinois, Hawaii, Maryland, New Jersey and Washington. New York will be number six when passed by the lower House and signed by the Governor. These six states account for 92 of the 270 electoral votes needed to put the plan into effect. An additional 30 legislative chambers representing 20 states have already passed the bill and are awaiting action by the other state chamber and/or the Governor’s signature.

At first glance, most Americans do not see anything wrong with the plan since it does make the election of the President more democratic. For most of us, attempting to understand the Electoral College and its importance, causes our brain to go numb and our eyes to glaze over. Nevertheless, since it is the Electoral College that protects us from “a tyranny of the majority”, we need to have at least a fundamental understanding of how it works and why.

When the Philadelphia Convention of 1787 was considering the method for selecting the Chief Executive, they were faced with two choices. One, elect the President by the popular vote of the people or two, elect him by a vote of the national legislature. To understand why this choice is important we have to remember that to the Founders, who were students of both history and human nature, the thought of a pure democracy was anathema. Another important fact is that the Federal Government was intended to represent the states, and the people only indirectly through their state governments.

The Electoral College plan was a compromise between the two choices. In the compromise, states were to be divided into districts and voters in each district would choose electors who in turn would vote for the President. The rise in power of political parties modified this plan somewhat but we still follow the general practice required by the Constitution, in form, if not in substance. The most important point to consider is that the NPV bill is in direct opposition to the Founders desire to avoid the election of the President by popular vote. Participants in the Constitution Convention considered that option and rejected it as being too prone to corruption and abuse.

In the NPV plan quoted above it is claimed that, “the states have exclusive and plenary (complete) power to allocate their electoral votes.” This is an outright misrepresentation of the clear text and intent of the Constitution. Article II section 1, gives the states the authority to “appoint, in such manner as the Legislature thereof may direct, a number of Electors,…” The state Legislature only has the authority to determine the manner in which electors are appointed. It does not have the authority to determine how they will vote. Neither does it have the power to “allocate” those votes to anyone other that the person for whom they were cast.

This is shown by the carefully thought out procedures for protecting the integrity of Electoral College votes and transmitting them to Congress. Both Article II and the Twelfth Amendment place the same requirements for protecting the integrity of the vote. In legal terms, it is called the “chain of custody”.

Article II: “And they shall make a List of all the Persons voted for, and of the Number of Votes for each; which List they shall sign and certify, and transmit sealed to the Seat of the Government of the United States, directed to the President of the Senate. The President of the Senate shall, in the Presence of the Senate and House of Representatives, open all the Certificates, and the Votes shall then be counted.”

Twelfth Amendment: “and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice-President, and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate; The President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates and the votes shall then be counted;”

Even IF the states were allowed to “allocate” the electoral votes as they saw fit, there are still some major ethical questions to be considered. The “watchdog” over the Electoral Votes is the National Archives and Record’s Administration Office of the Federal Register. (NARA) In its instructions to the states, the NARA requires each state to submit a “Certificate of Ascertainment” immediately after the General Election as soon as the votes are counted and certified.

  • Each Certificate must list the names of the electors chosen by the voters and the number of votes received.
  • Each Certificate must list the names of all other candidates for elector and the number of votes received.
  • Each Certificate must be signed by the Governor and carry the seal of the State.

The Certificates of Ascertainment, are to be prepared “as soon as election results are final” and submitted to NARA. This step is usually completed in early November. The Electors do not meet until mid-December. In order for the scheme of NPV to work, many electors would have to vote  contrary to the pledge they made to the voters who elected them in the General Election. While this may be legal, no one can claim that it is ethical.

Another Constitutional hurdle the NPV must overcome is found in Article I, Section 10 that requires the approval of Congress before a state can “enter into any agreement or compact with another state”.

Based on the rate the bills have been moving, it could well be in place for the 2012 elections.Why, you may ask, are the Democrats so eager to get this scheme in place as quickly as possible?  To answer this question, we only have to look at the geographical layout of country.  Under this scheme, the President could be elected by just the voters of the most populous states. The majority of the voters in those states are located in large metropolitan areas. Nineteen of the twenty-five largest cities in the U.S. have Democratic Mayors and are dominated by Democratic political machines, many of them almost as corrupt as the Chicago machine that gave us Rod Blagojevich, Barack Obama, Rahm Emanuel, and Tony Rezko.  These large Metropolitan Centers are strategically located to maximize Democrat votes.

On the East Coast, there is New York that has a Democrat/Republican/Independent Mayor. The rest, Philadelphia, Baltimore, Boston and Washington all have Democrat Mayors. In the Midwest, Columbus, Indianapolis, Detroit, Chicago and Milwaukee all have Democrat Mayors. On the West Coast, there are Los Angeles, San Jose, San Francisco, and Seattle.

Once the NPV plan is in place campaign money and effort need only be concentrated in the large population centers. By coincidence, it is these large population centers, controlled by Democrats that are most susceptible to voter fraud, especially with organizations like ACORN, and similar groups conducting “get out the vote“ campaigns.

It is likely that the only way Obama can win reelection in 2012, unless things change, is by massive voter fraud. The NPV plan is designed to facilitate just such an outcome. It is doubtful that the National Popular Vote Bills can pass Supreme Court muster. However, by the time they  get to the Supreme Court it will be too late for the 2012 election.

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The Continuing Attacks on Electoral College

minute-man-2-lithoOn December 15, the Electoral College will meet and cast their votes for President and Vice-President in accordance with Article II, Section 1 of the Constitution.  An effort has been underway for years to do away with the Electoral College and substitute in its place the popular vote as the means for electing the President and Vice-President.

The following is a reprint from our Illinois Conservative Blog of April 9, 2008.  The original is no longer available due to a computer crash that wiped out our database.

Illinois Nixes Electoral College

On Monday (4/8/08) Illinois became the third state to attempt to dump the Electoral College by state law rather than by Constitutional amendment.  The elimination of the Electoral College has long been a goal of progressives, socialists and the Democratic Party.  Attempts to get it abolished in the past by amending the Constitution has failed.

As a Congressman in 2000, Rep. Rod Blagojevich co-sponsored a proposed constitutional amendment to abolish the Electoral College.  Today, as Governor of Illinois, he signed into law a measure designed to bypass the Constitution and elect the President by popular vote.

The new law is largely the result of efforts by the California-based advocacy group National Popular Vote Inc.  Similar laws have been passed in Maryland and New Jersey.  The idea is to bind by law, each state’s electors to vote for the candidate who gets the most popular votes in the national election. Once enough states have passed similar laws to equal the 270 electoral votes necessary to elect a President the Constitution would be effectively rendered impotent without the need for a Constitutional amendment.

Such an attempt illustrates the contempt many politicians have for the Constitution they are sworn to uphold.  It also illustrates a colossal lack of understanding concerning our form of government.  The founders certainly were not unfamiliar with the meaning of democracy and probably understood the meaning of “popular vote“. If they wished the President to be elected by the popular vote of all the people throughout the United States they certainly had the knowledge and means to have written it into the Constitution. — Although they probably could not have gotten it ratified by the states.

Article Two of the Constitution which sets forth the manner of choosing a President was not written in a day and not without considerable discussion among the convention delegates.  The first debate record I found on this question was on July 24, 1787.  It was still under debate on September 4, six weeks later.

There were a number of proposals put forth by the delegates for selecting a President.  One of the first being the popular vote of the people.  Another was to elect the President by vote of the Legislature. Another by the state legislatures.  Still another was to elevate a member of the Legislature to the office of President by a vote of the Senate.  All were rejected for what seems to be good and valid reasons, having to do mostly with corruption and partisanship.

Aside from the founders’ distrust of pure democracy from fear of “tyranny of the majority”, they wanted the President to be able to make independent decisions not unduly influenced by others.  They believed that if elected by popular vote he would be influenced too much by the popular whims of the people at any given time.  Not much different from the attempt to “govern by polls” we see so often today.

By the same token, they believed that a choice by either the national or the state legislative bodies would place the office at too much risk of coercion by those bodies or subject the President to undue temptation to bribery or other unsavory influences by special interest groups.  The method they finally adopted was the Electoral College.

Article II, Section 1: “Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector.

The Electors shall meet in their respective States, and vote by Ballot for two Persons, of whom one at least shall not be an Inhabitant of the same State with themselves. And they shall make a List of all the Persons voted for, and of the Number of Votes for each; which List they shall sign and certify, and transmit sealed to the Seat of the Government of the United States, directed to the President of the Senate. The President of the Senate shall, in the Presence of the Senate and House of Representatives, open all the Certificates, and the Votes shall then be counted. The Person having the greatest Number of Votes shall be the President, if such Number be a Majority of the whole Number of Electors appointed;…

The Congress may determine the Time of chusing the Electors, and the Day on which they shall give their Votes; which Day shall be the same throughout the United States.”

Advocates for the National Popular Vote (NPV) claim their proposal is constitutional because the Constitution grants to the states the power to “appoint, in such manner as the Legislature thereof may direct…electors”.  NPV not only violates the text of the Constitution, it also violates the spirit.  This is evident from the careful way in which the language was constructed and also in considering the overall nature of the Constitution and the government it establishes.

The U.S. government is a constitutional republic not a pure democracy.  Furthermore the same form of government is guaranteed to each state by the same Constitution.

Article IV, Section 4: “The United States shall guarantee to every State in this Union a republican form of government…”

Exactly what is meant by “a republican form of government”, although well understood by the founders, is not well understood today.  The definition agreed on universally is that it means the rule of law as opposed to rule by a monarchy, oligarchy or dictatorship, with the same law applying to government officials as to the people.  Under our form of government, the Constitution is the supreme law of the land and trumps all others.

Another feature of our form of republican government is that the people do not, by popular vote, make decisions of law or policy.  Instead, we elect representatives who make those decisions for us. If we do not like the decisions they make we do not re-elect them.  This is evident from considering two hundred plus years of history and also viewing the Constitution in its entirety. From the Village Board, to the City Council, to the Federal government this principle applies.  The modern practice in some states of referendums is a fairly new device introduced by the progressive movement.

Getting back to the Constitution, Article II, Section 1:  Notice that the authority of the State Legislature is limited to determining the manner in which electors are to be appointed and nothing else.  Also notice, “No Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector“.  Only by understanding that the framers did not intend for any member of the state legislature or other official of the state to influence the outcome of the electoral vote, does this restriction make any sense at all.

Furthermore the fact that the electors were to meet once, at a time and place prescribed by federal law and cast their votes “by ballot”, the tally of which was to be sealed and delivered to the Senate of the United States along with certification as to their authenticity.  It is evident from these facts that the vote of the electors was to be based on their own judgment, independent of the influence of those who appointed them, whether elected by the people or appointed by the legislature.  The current practice of many states to cast all their electoral votes for the candidate receiving the most votes statewide, notwithstanding.

The main reason why the founders rejected the election of a President by popular vote was because such an arrangement would disenfranchise the smaller states and give undue weight to the votes of the more populous states where the vote is more easily controlled by political machines in major cities like Chicago, New York, Los Angeles, etc.  That still seems like the most valid reason to me.