NY Times: California Republicans Up To Their Dirty Tricks

As I wrote last week, California Republicans are trying to fix the 2008 election by altering the way California allots its 55 electoral votes. The initiative that's been submitted for the June 2008 ballot, if passed by voters, would guarantee the Republican nominee 20 or so of California's electoral votes, the equivalent of Ohio. The New York Times op ed page (behind firewall) weighs in today and calls the scheme what it is: a Republican dirty trick.

The initiative, backed by a shadowy group called Californians for Equal Representation, is being promoted as an effort to more accurately reflect the choices of the state’s voters, and to force candidates to pay more attention to California, which is usually not in play in presidential elections. It is actually a power grab on behalf of Republicans. [...]

If voters understand that the initiative is essentially an elaborate dirty trick posing as reform, they are likely to vote against it. But judging by the misleading name of their organization, the initiative’s backers want to fool the public into thinking the change would make elections more fair. They are planning on putting it to a vote in June 2008, an election when there will be few other things on the ballot, and turnout is expected to be extremely low. [...]

If the initiative passes, it would do serious damage to American democracy.

On Friday I wrote about the Democratic pushback campaign against this power grab. That escalated yesterday when Democrats announced their own competing ballot initiative, which, if passed, would instead allot California's electoral votes to the national popular vote winner (as opposed to the California popular vote winner as is currently the practice.) So far, only Maryland is officially on board with this system, which would go into effect once states with 270 electoral votes among them (i.e. a majority of electoral votes) ratify it. (There is still a question as to whether the method by which California apportions its electoral votes can be determined by voters as opposed to the legislature but in the absence of a definitive ruling, we have to consider this power grab a real threat.)

Check out the local perspective over at Calitics here and here.

As if that weren't enough, yesterday also saw the first release of polling on the Republican-backed initiative, which shows that while it looks OK to people at first glance, the more people hear about what a brazen scheme it really is, the more they dislike it. The well-respected California Field Poll (pdf) found that Californians support the measure 47% to 35% when they are just read the title, but once they hear an explanation of the measure's purpose, the margin of support drops to 7 points, 49% to 42%. This is all good news for the proposition's opponents for, as Julia at calitics writes:

To actually be viable for passage at this stage of the game, an initiative in California needs to be polling at least in the mid-fifties. Support for initiatives tends to degrade over time. That is compounded by the tendency for voters who are not sure about the measure to vote against it. The status quo for these voters is better than supporting something they are not confident about. This initiative is in real trouble and it is not helped much when voters learn more about it.
In addition, Rasmussen polled nationally and found:
In a theoretical sense, 45% of voters nationwide think that’s a good idea. Thirty percent (30%) disagree while 25% are not sure. However, even that tepid level of support dissipates when voters learn that a change in California could significantly increase the number of Republican Electoral Votes. Once that is factored into the equation, support drops to 31% and opposition increases to 43%.
The lack of enthusiasm among voters at this early stage won't stop our pushback against the measure, of course, and you can do your part by signing the Courage Campaign's petition opposing it. We can't count out California Republicans when it comes to selling an outlandish scheme, nor can we count on the courts to uphold common sense and fair election results.



Display:


For the CA Dem alternative (none / 0)

to be equitable, shouldn't it just allocate electoral votes according to the popular vote in CA?  {I'd only favor that if it applied to all the states though.)


by oculus on Wed Aug 22, 2007 at 07:04:09 PM EST

Re: NY Times: California Republicans Up To Their D (none / 0)

I don't understand why Democrats would want California's votes to go to the national winner -- what if the national winner is a Rethuglican, and California has (as it is likely to) gone blue?

These reforms need to be simultaneous and nationwide.


by Oregonian on Wed Aug 22, 2007 at 11:51:57 PM EST

Re: NY Times: California Republicans (none / 0)

Man oh man, you guys are really desperate about this, aren't you?

I understand the logic behind it. Call a spade a spade, and say its a tactical movement to gain a Republican advantage. But dirty trick? How in the world do you figure? They are campaigning to get an initiative on the ballot. The iniative would then be voted upon by Californians. How can you possibly call that a "dirty trick"? Just because you don't like the potential consequence?

If you ask me, putting an idea up to the voters of a state for how to allocate their voice in Presidential politics is perhaps the most democratic idea I've heard. Oppose this with all your might, and I have no doubt that you will, but calling it a "dirty trick" is just a flat-out figment of your imagination.


by Unabridged on Thu Aug 23, 2007 at 12:26:35 AM EST

Hypocrisy (none / 0)

I'm as liberal as the next guy here, but this stinks of hypocrisy.  A few weeks ago MyDD was all ecstatic because NC was planning a similar change to it's law.

So we're for reform, when it favours Democrats, but against it when it favours Republicans?

That is a defensible position, but not from a logical or moral standpoint.


I'm British, but our politics bores me.
by Illustrious on Thu Aug 23, 2007 at 07:21:05 AM EST

I would go along with this... (none / 0)

If Texas, Georgia, Kentucky, Tennessee, Alabama, Mississippi, and the Carolinas agreed to get on board as well.


by Will Graham on Thu Aug 23, 2007 at 07:26:36 AM EST

Not inherently outlandish (none / 0)

There's nothing inherently dirty, tricky, or outlandish about a proposal to allocate Electoral votes by Congressional district.  It's done that way in Maine and Nebraska already.

It is underhanded to try to sneak it through in a June special election, and have it impact the presidential election just five months later.

If the backers really were fair-minded and serious about their proposal, they would put it on the ballot in November, and have it take effect in 2012, so other states have a chance to react, and presidential candidates have a fair chance to plan their campaigns.


by Lex on Thu Aug 23, 2007 at 05:35:13 PM EST

Re: Not inherently outlandish (none / 0)

"here's nothing inherently dirty, tricky, or outlandish about a proposal to allocate Electoral votes by Congressional district."

I must disagree; the proposal is completely outlandish, and since the reason it is being proposed it to enable the Republican candidate to win even if he overwhelmingly loses the popular vote, it surely counts as a trick of the dirty variety.

The theory behind the initiative is the dubious claim that the Californians who vote for Republican presidential candidates in effect lose their votes because even though some 40-45% vote Red, they lose their votes to the Dem candidate when the winner-take-all system gives all the votes to the Dem. But in the red states, the Dem loses votes similarly to the Republican when the system grants all those Red state electors to the Republican. But if California alone changes it's system, the Dems won't have any California electors to make up for the Texas and Florida and Ohio electors the system steals from us by their winner-take-all. The bottom line is: a big state changing to a quasi-proportional system increases the likelihood that a Dem would be the overwhelming choice of the people and yet the system would deny that choice. One Gore v. Bush was enough for this century.

your friend
keith


by keith johnson on Thu Aug 23, 2007 at 09:54:02 PM EST
[ Parent ]

Re: NY Times: California Republicans Up To Their D (none / 0)

There are two legal questions that need to be addressed, and the sooner the better:

(1)  Is a vote by the people of any state on allocating electoral votes constitutional?  Article II, Section 1, second paragraph, first sentence of the U. S. Constitution says:

Each state shall appoint5 in such manner as the legislature thereof may direct ...

My emphasis on legislature.

(2) Is the other measure, the national popular vote, a de facto compact among states, and therefore a violation of Article I, Section 10, last paragraph:

No state shall, without the consent of Congress, ... enter into any agreement of compact with another state ...

The best defense against this power grab by the GOPigs is for a member of the California state legislature to introduce a bill to require that all of California's electoral college votes go to the statewide winner of the general election (as is done now).  If the courts find that the people do have the right to direct how a state's electoral votes are allocated and if the national popular vote measure is ruled a compact and therefore unconstitutional, then the legislative measure can be placed on the ballot in the November 2008 general election to undo whatever damage may occur in the meantime.  

But the time to mount a court challenge as to whether or not the people have the right usurp the authority of the state legislature is now, not later.  


by Airpower on Thu Aug 23, 2007 at 08:24:48 PM EST


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