The Election for US President is approaching its final week. You thought the election was over? It actually hasn’t happened yet. On Dec. 19, the Electors of each state make their selection for President, which is the only vote the Constitution recognizes. For those skeptical of this and those just learning about this concept, let me dispel a few common myths about the Election Process:
1) This isn’t Democracy!
We live in a Republic, not a Democracy. For better or for worse, this is reality. We may like to think that we live in democracy, but we don’t. In a Republic, we elect leaders who vote and act as free agents once they assume certain positions. If you live in a state with ballot initiatives, that is direct democracy. The vote for President is even more layered. You vote for a slate of Electors, and these are previously voted upon before the November election in many or all states (I’m not certain if there are exceptions.) We can get into a lengthy academic discussion about the merits of either system, but in the mean time, we have what we have. We have a Republic.
On Dec. 19th, Electors, men and women from all walks of life come together at their state capitols to cast vote for President. Whoever gets 270 Electoral Votes on that day, becomes President. If no one gets that threshold, the top 3 Electoral vote recipients (Either on Nov. 8 or Dec. 19th) are eligible to be chosen by House Delegations. But I’m getting ahead of myself.
2) But Electors are legally required to vote for whomever received the most votes in their state!
Not at all. The intent of the founders, and Alexander Hamilton in particular, was clear. They were concerned that the masses could elect a person who would undermine the system they put in place. I’m just stating the Constitution and our mutual agreement to follow it.
There were 3 main reasons the Electoral College should not simply rubber stamp a candidate, which he delineated in Federalist 68.
- The first was to stop a demagogue from becoming president.
- The second goal was to stop foreign interference in election.
- The third goal was to prevent poor administration of government.
But no need to take my word for it, let’s turn to Federalist 68:
The choice of SEVERAL, to form an intermediate body of electors, will be much less apt to convulse the community with any extraordinary or violent movements, than the choice of ONE who was himself to be the final object of the public wishes. And as the electors, chosen in each State, are to assemble and vote in the State in which they are chosen, this detached and divided situation will expose them much less to heats and ferments, which might be communicated from them to the people, than if they were all to be convened at one time, in one place.
Coming off the rule of a monarch, Hamilton and the other Electors were keenly aware of the perpetual challenge to maintain a functional democracy. It needed safeguards. We’ve been lucky to not have needed it until now. But back to Federalist 68:
The process of election affords a moral certainty, that the office of President will never fall to the lot of any man who is not in an eminent degree endowed with the requisite qualifications. Talents for low intrigue, and the little arts of popularity, may alone suffice to elevate a man to the first honors in a single State; but it will require other talents, and a different kind of merit, to establish him in the esteem and confidence of the whole Union, or of so considerable a portion of it as would be necessary to make him a successful candidate for the distinguished office of President of the United States.
The Electors were to deliberate, not rubber stamp, a man or woman with “requisite qualifications” to lead. And to the point of Foreign Influence, Hamilton had this to say:
These most deadly adversaries of republican government might naturally have been expected to make their approaches from more than one querter, but chiefly from the desire in foreign powers to gain an improper ascendant in our councils.
Hamilton also noted that, “the true test of a good government is its aptitude and tendency to produce a good administration...”
The Electors are not Rubber stamps. Please refer to Federalist 68, for the full read.
3) This will establish a terrible precedent!
The precedent already exists. So why hasn’t it happened? It’s too rare to align all these forces together. Remember, we are asking 37 Republican Electors to go against their own party. The fear, then, the precedent is if Democratic Electors can go against our nominee. It already happened in 2000 when the Elector from D.C. withheld her vote from Gore in protest. It would be extraordinary circumstances to go against one’s own nominee en mass. It’s simultaneously why many are crying that this effort is hopeless, don’t bother. It’s meant to seem hopeless, as it’s extremely rare to pull off one’s own party votes peeled off and a consensus candidate emerging. Lastly, an Elector can only object on moral grounds, not policy. So, being pro-choice/ pro-life is an irrelevant argument. Grabbing women’s genitals is a moral issue, and reason to object.
4) We should demand Hillary is Elected!
Whether you realize it or not, the situation is more akin to a hostage situation than the usual post-electoral landscape. I voted for Hillary, and wish she didn’t lose the states she did, but we are where we are, and it’s important to take stock of that as we navigate our way out of this situation. We need to compromise with 37 Republican Electors. I believe they are out there, and could compromise on a Romney, McCain or Kasich. To be clear, these aren’t people I voted for in the past, but the landscape we find ourselves is completely different, and insisting on perfect hands Trump the ability to destroy the Republic. Maybe even a nuclear war. This isn’t hyperbole, there are many prominent officials and private citizens who are justifiably worried. As a person of color, I’d breath a lot easier with a more moderate Republican. I may disagree with other Republicans on policy, but less on morality. Consider the mockery of a disabled person, the sexual assaults, the racism against a Mexican – American Judge, the mocking a Gold Star Family, his conflict of interests in business, his temperament Finger on the Button. It’s not even a decision.
5) America won’t accept a President chosen by Electors.
One way this could go is that the Electors could garner 270 votes for a compromise candidate. But I think that’s unlikely. I’d be very happy with this going to the House Delegation on January 3rd, where they might have a choice of Trump, Hillary, and an alternate sane Republican who received the most votes of conscience on 12/19. Interestingly, I think we have a shot at Kaine as VP in the Senate, but let’s get passed 12/19 before we go there.
6) We should just wait for him to be Impeached, that’s Constitutional.
He should never be able to put people into cabinet positions. The tentacles of their reach would be difficult to stop once started. We shouldn’t underestimate Bannon, and their ability to manipulate media. The Electors are very much part of the Constitution. This is no time to be passive, being engaged in a way that can prevent this American Tragedy before it begins.
7) But this is just some Liberal Fantasy!
Actually, there are more and more voices from the right sounding off in support of this. Kathleen Parker, a conservative WaPo columnist, had this to say.
Michael Cannon from the Libertarian Cato Institute added his opinion in the WaPo.
And most significantly, Chris Suprun, a Republican Elector from Texas said he won't vote for Trump.
Trump thrives when we fight among ourselves. I’m not suggesting you befriend your local KKK, but there’s a lot of uneasiness around moderate, fair-minded Republicans and conservatives with Trump. We need allies in this fight, and we need to work with them when possible.
8) This is impossible!
As a huge Chicago Cub fan, I realize I’ve over used this term in my life. This isn’t going to be easy, but it isn’t impossible. I watched my team win after a 108 year drought through simple, actionable persistence. They believed in themselves, they did it for each other more than themselves, and they never, never quit. We can’t expect to succeed, and we do it anyway. The effort will yield something. Trump, like any bully, wants you to quit on yourself before the battle has really begun. Let’s not give him the benefit.
9) But I can’t do anything about this.
The Hamilton Electors have set up a 527 to help raise funds for any legal issues regarding casting their votes of conscience, outreach to other electors, and security for their safety leading up to the vote and after. You can check it out and give if you like.
There will be vigils to bring attention to this, but the biggest thing that can be done right now, is educating yourself about this possibility and sharing it with others. The Electors need to talk among themselves. We won’t know how many are planning to vote for whom until the 19th, and it might just be safest that way.
I don’t recommend contacting Electors directly, unless you know them personally. That said, if you can post these ideas via social media, you may know someone who knows someone who is an Elector. That type of person to person contact would be very effective.
If we get passed the 12/19, there may well be more information to come out. We have to get passed this stage to get to the next. There’s a decent chance that the House would block him from becoming President if they have a viable third option to vote upon. We need to allow that chance.
It’s time to put country over party or candidate. It’s time to use the Electors as the emergency measure they were intended to in these situations. Thanks for reading.