Electoral roll

“ A State “goes” Republican or Democratic. The struggle is concentrated in a few doubtful States. To [Pg 68] win or lose them may mean to win or lose the election. It has happened that one candidate has actually received a larger popular vote than his opponent, and yet has not been elected, because the number of votes in the electoral college from the States that gave him a majority was smaller than the number of electoral votes from the other States. There is a movement toward the abolition of the electoral college and direct nomination and direct election of the President by the voters. ”

“ Quite naturally, for the work of electing a candidate presupposes a state of mind very different from that of serene deliberation. In 1800 the electors acted simply as automata recording the victory of their party, and so it has been ever since. In our own time presidents and vice-presidents are nominated, not without elaborate intrigue, by special conventions quite unknown to the Constitution; the people cast their votes for the two or three pairs of candidates thus presented, and the electoral college simply registers the results. ”

“ Counting the votes of the electors, a function that the 12th Amendment assigns to Congress, is an administrative and largely ceremonial act. Our job is simply to count the votes certified by each State—nothing more. We should not attempt to usurp the roles of the voters, the States, or the electoral college. ”

“ In a per curiam opinion—meaning all nine Justices, that it was unanimous—they noted strict adherence to the provisions of the Electoral Count Act may create “a ‘safe harbor’ for a State insofar as congressional consideration of its electoral votes is concerned.” ”

“ The fact that elections can only be worked as a choice between two selected candidates, or groups of candidates, is the unforeseen and unavoidable mechanical defect of all electoral methods with large electorates. ”

“ The men in charge, unwatched in their business, used it often for personal advantage, and were aided in this by the character of both the electoral machinery and the electorate. A multitude of offices had to be kept filled in every State and city by voters who could know little of the candidates and who accepted the recommendation implied in the party name. Control of the nominations meant control of the elections, and was within reach of those who were persistent in attending caucuses and conventions and were not too scrupulous in manipulating them. ”

“ I hope, as the Nation’s anger cools, we can channel that energy into essential electoral reforms at the State level. America is admired around the world for our free elections. We must—we absolutely must fix this mess and restore confidence and integrity to our elections. ”

“ The movement has gone too far to be checked, and the electoral unrest which is so common all over the world will eventually find expression in the best of all electoral systems, which I claim to be effective voting. ”

“ Moreover every thinking man will admit that the makers of the Constitution, when framing that vague provision concerning the counting of the electoral votes, did certainly not foresee and contemplate the case of disputed electoral votes, and of a Presidential election depending upon disputed votes. ”

“ Says the Review of the River Plate: “In electoral matters the country is as backward as it was one hundred years ago, and outside the federal capital there is no freedom of the polls, force always carries the day—and the elections. ”

“ Indirect election, on the contrary, effects beforehand a thorough purgation of the electoral capacities, and eliminates a certain number, solely on account of the opinions or interests which they may hold. ”

“ But, independently of other reasons that will be discussed in a moment, any such distinction finds persuasive refutation in the Federal Electoral College whereby the President of the United States is chosen on principles wholly opposed to those now held constitutionally required in the electoral process for statewide office. ”

“ Article II creates the electoral college, where each State appoints electors. Laws of all 50 States and D.C. require electors to vote for the winner of the State’s popular election. Each State provides for the orderly conduct of elections, including lawful challenges, recounts, and the like.
The 12th Amendment is what brings us to today. It says the electors meet in their States. That happened December 14.
The amendment says the electors shall cast their votes, sign and certify them, and transmit them to us, sealed. ”

“ The new situation will enable those States, when relationships are resumed, to claim twenty-eight Representatives beside their just proportion. Twenty-eight votes to be cast here and in the Electoral College for those held not fit to sit as jurors, not fit to testify in court, not fit to be plaintiff in a suit, not fit to approach the ballot-box! Twenty-eight votes to be more or less controlled by those who once betrayed the Government, and for those so destitute, we are assured, of intelligent instinct as not to be fit for free agency! ”

“ Each class votes apart, and for a third of the secondary electors. These classes may be divided into several voting sections, none of which, however, must include more than 500 primary voters. The secondary voters are elected in each class from the number of the primary voters in their district, without regard to the classes. Article 72. The deputies are elected by the secondary voters. Details will be regulated by an electoral law, which must also make the necessary provision for those cities where flour and slaughter duties are levied instead of direct taxes. ”

“ If the electoral college was not really to select the President, it must become a mere machine for registering the results of a popular vote throughout the nation, and the candidates for the presidency must be designated beforehand in some way. ”

“ However awkward or difficult it may be for Congress to resolve difficult electoral disputes, Congress, being a political body, expresses the people's will far more accurately than does an unelected Court. And the people's will is what elections are about.
Moreover, Congress was fully aware of the danger that would arise should it ask judges, unarmed with appropriate legal standards, to resolve a hotly contested Presidential election contest. Just after the 1876 Presidential election, Florida, South Carolina, and Louisiana each sent two slates of electors to Washington. ”

“ In addition, population shifts had caused a dated apportionment of seats in the lower house to yield substantial numerical inequality of political influence, even among qualified voters. The towns felt themselves underrepresented, and agitation began for electoral reform. When the charter government failed to respond, popular meetings of those who favored the broader suffrage were held and delegates elected to a convention which met and drafted a state constitution. ”

“ The Webbites do not deny the broad facts of the case. Our present electoral system, with our big modern constituencies of thousands of voters, leads to huge turnovers of political power with a relatively small shifting of public opinion. ”

“ Such a measure is calculated to repress political intrigues and speculations, by rendering a combination among the electoral colleges, as to their votes, if not utterly impracticable, at least very difficult; and thus secures the people against those ready expedients, which corruption never fails to employ to accomplish its designs. [110] The arts of ambition are thus in some degree checked, and the independence of the electors against external influence in some degree secured. ”

“ Such results have come as a shock to those who have hitherto accepted with composure the more glaring anomalies of our electoral system, and so the growing frequency of three-cornered fights will assist those other forces which are making for a complete readjustment of our electoral methods. The new problem is, however, quite distinct from that of minority representation, and is of sufficient importance to warrant consideration in a separate chapter. ”

“ But Congress jealously guarded its position on 296reconstruction against this possible flank movement, and in January, 1865, passed a joint resolution declaring that Virginia, North and South Carolina, Georgia, Florida, Alabama, Mississippi, Louisiana, Texas, Arkansas, and Tennessee were in such a condition on November 8 that no valid election of presidential electors was held in any of them, and that therefore no electoral votes should be received or counted from any of them. ”

“ There were then thirty-eight states in the Union, casting 369 electoral votes. This made 185 necessary for a choice; and when the returns were all in, it appeared that, if the Republicans could secure the electoral votes of South Carolina, Florida, Louisiana, and Oregon, they would have exactly 185. In these states, however, a dispute was raging as to which set of electors, Republican or Democratic, was elected. Each claimed to be; and, as the result depended on them, each set met and voted. It was then for Congress to decide which should be counted. ”

“ R. MacBride, The American Electoral College 16-17 (1953) .↑ The large number of leaders, of varying ideological convictions, who favored popular election included Hamilton, Madison, James Wilson, John Dickinson, Rufus King, Daniel Carroll, and Abraham Baldwin. The opponents of popular selection included Gerry, Ellsworth, Luther Martin, and Roger Sherman. ”

“ Nowadays it is the regular rule that in each State the voting for the presidential electors takes place not in separate districts, but in the mass and by “general ticket,” and these presidential electors make up the college called upon to choose the President of the Union. The candidate who gets a majority even of a few hundred votes in the hundreds of thousands of voters in any State — as was once the case at New York — gets the whole vote of that State. Thus at every election it is a majority of States rather than a majority of voters which decides the victory. ”

“ It is very gratifying to observe the general interest now being manifested in the reform of our election laws. Those who have been for years calling attention to the pressing necessity of throwing about the ballot box and about the elector further safeguards, in order that our elections might not only be free and pure, but might clearly appear to be so, will welcome the accession of any who did not so soon discover the need of reform. ”

“ Voting is by secret ballot, and the balloting lasts one day only. As a rule, the polling takes place in the mairie, or municipal building, of the commune, under the immediate supervision of an electoral bureau consisting of a president (usually the mayor) , four assessors, and a secretary. The state does not provide ballot-papers, but one or more of the candidates may be depended upon to supply the deficiency. ”

“ The American people know this—know that popular election has given them every eminent public man that they have ever had—that it is the safest and wisest mode of political election—most free from intrigue and corruption; and instead of further restricting that mode, and reducing the masses to mere electors of electors, they are, in fact, extending it, and altering constitutions to carry elections to the people, which were formerly given to the general assemblies. ”

“ What can be more defective than the clause concerning the elections? The control given to Congress over the time, place, and manner of holding elections, will totally destroy the end of suffrage. The elections may be held at one place, and the most inconvenient in the state; or they may be at remote distances from those who have a right of suffrage: hence nine out of ten must either not vote at all, or vote for strangers; for the most influential characters will be applied to, to know who are the most proper to be chosen. ”

“ So many colored people, so many white, therefore so many colored votes and so many white votes; and therefore so many Republican votes and so many Democratic votes; and if an election does not show this exact proposition, it must be necessarily the result of fraud and intimidation and the National Government must interfere. When we have established the rule that election returns must be made or corrected according to the statistics of population, then we may decide elections beforehand by the United States Census and last year's Tribune Almanac, and save ourselves the trouble of voting. ”

“ If I understand it right, it must be, that Congress might cause the elections to be held in the most inconvenient places, and at so inconvenient a time, and in such a manner, as to give them the most undue influence over the choice, nay, even to prevent the elections from being held at all,—in order to perpetuate themselves. ”