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View Diary: Stop saying Republican electoral-vote rigging is constitutional. It's not. Here's why. (193 comments)

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  •  It was. But not anymore. They're pushing CD plan (1+ / 0-)
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    scotths

    But, I do think that the older plan might have a better chance against an EP challenge.  Everyone's statewide vote would count equally under such a scheme, in direct proportion to the actual vote.  So 55% of the voters would have 55% of the Presidential electoral vote allocation.

    To win here, I think you'd have to argue that the intent is still vote dilution, but that assumes that the Constitution REQUIRES the statewide popular vote winner win 100% of the electoral vote.  That's certainly the first-past-the-post system we have here, but other democracies have proportional voting for their legislature/executive and it's not undemocratic.  Just different.

    Politically, of course, while the proportional vote plan helps Republicans, it doesn't outright steal a majority of the vote, so that won't work for them.  It's much easier to conclude, IMO, that an anti-majoritarian scheme that gives a substantial minority unequal voting power (35% of rural voters get to choose 80% of the electoral votes, every time) is unconstitutional and some other plan is needed.

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