Democracy and Voting

  • December 11, 2012
    Guest Post

    by Dan Mayer, Legal Fellow at Public Citizen’s Democracy Is For People Campaign, which is working towards a constitutional amendment overturning Citizens United v. FEC and limiting the influence of corporations and money in elections.

    Six billion dollars. That’s just the reported amount spent to elect or defeat the entire slate of federal candidates in the 2012 cycle.

    To be sure, some of the biggest players in the super PAC game weren’t very efficient about how they used the unlimited contributions they took from their ultra-wealthy individual and corporate patrons. Court rulings in Florida, Ohio and Pennsylvania put some of the most egregious voter suppression efforts on hold while invigorated civil rights groups worked to turn out every eligible voter they could find. Several prominent candidates suffered “legitimate” humiliation and defeat. And apparently, 47 percent of America wasn’t going to vote for Mitt Romney anyway (or so we hear). 

    Does any of that mean that money doesn’t matter, that the Citizens United vs. Federal Election Commission era is over as quickly as it began? Don’t bet your democracy on it.

    The Obama campaign outspent the Romney campaign, $549 million to $336 million. The national party committees were close in fundraising (a mere $50 million GOP advantage), but Democrats actually outspent Republicans $814 to $776 million. Outside groups, some disclosing their donors, some not, favored conservatives by $855 million to $406 million in “independent” spending. For all that, in the first full-scale conflagration since Citizen United, the great powers basically fought to a draw, barely moving the lines in Congress.

  • December 10, 2012

    by Jeremy Leaming

    During his early morning re-election speech, President Obama took note of the difficulties scores of voters faced in casting ballots this year, such as standing in lengthy, slow-moving lines for hours. Something we have to fix the president said. 

    Many of the problems for voters this election year, as noted often on this blog, were created by lawmakers in a string of states apparently bent on making voting a more difficult procedure, though they cloaked the intentions in language about protecting the integrity of the vote. But a closer examination of the actions taken by those lawmakers – limiting early voting hours, clamping down on voter registration drives and implementing onerous voter ID requirements – revealed political efforts to keep certain people away from the polls, namely minorities, college students, low-income people and the elderly. See the ACS Issue Brief by Loyola law school professor Justin Levitt on many of the restrictive vote measures, which he concluded made for poor and potentially unconstitutional policy.

    The Washington Post editorial board in “Repairing America’s elections,” highlighting voting difficulties in Northern Virginia, noted in part, “Poorly trained poll workers get confused by constantly changing laws and procedures. Voter registration and record-keeping are getting more high-tech, but there are still many kinks. Many states lack policies that could take some of the pressure off, such as early voting.”

    The editorial reports that some in Congress, such as Sens. Mark R. Warner (D-Va.), Christopher A. Coons (D-Del.) and Rep. Gerald E. Connolly (D-Va.) are pushing a measure similar to the Obama administration’s educational “Race to the Top,” initiative. That measure, in part, would “dangle the possibility of grants to states that put together election reform programs” that include expansion of early voting and “more flexible registration rules ….”

  • December 7, 2012

    by Heejin Hwang

    Not long after the 2012 elections, TPM’s Sahil Kapur asked several elections experts how right-wing lawmakers were able to so easily hold their majority in the U.S. House of Representatives, especially since capturing that chamber in 2010 Republican leadership had engaged in obstructionism and promoted the loopy and wildly unpopular idea of privatizing Medicare.

    Sam Wang, a Princeton University professor and co-manager of the Princeton Election Consortium, told Kapur, “The big factors are redistricting and incumbency. In the last few years, Republican-controlled legislatures were very effective at redrawing districts to favor their side. Gerrymandering gave them a built-in advantage of 1.25 percent of vote margin even before a single vote is cast. Incumbency also has its advantages, which is good for another 1.25 percent ….”

    Other states, such as California and Arizona have taken action to lessen partisanship in the creation of voting districts.

    In Nov. 2010, in adherence with the California Voters FIRST Act, State Auditor Elaine Howle randomly selected in lottery like fashion eight members the California Citizens Redistricting Commission (CRC). Two months later, the full-fledged 14-member independent commission embarked on transforming 2010 Census data into State Assembly, State Senate, and congressional district lines.

  • November 29, 2012
    Guest Post

    By Dr. John R. Koza, Chairman of National Popular Vote


    The Constitution provides a built-in mechanism for fixing the shortcomings of the current system of electing the president.

    The major shortcoming of the current system of electing the president is that four out of five states, and four out of five Americans, are politically irrelevant in presidential campaigns. After being nominated in 2012, President Obama conducted campaign events in just eight states, and Governor Romney did so in only ten. Just ten states received 98 percent of the $940 million spent on advertising by the two campaigns and their supporters.

    These problems are caused by state winner-take-all statutes (that award all of a state’s electoral votes to the candidate receiving the most popular votes in each separate state). Because of these state winner-take-all statutes, presidential candidates have no reason to pay attention to the concerns of voters in states where they are comfortably ahead or hopelessly behind. The common feature of the ten states that received attention in the 2012 presidential campaign was that the eventual winner received 53 percent or less of the state’s vote -- that is, they were closely divided “battleground” states.

  • November 28, 2012

    by E. Sebastian Arduengo

    Gerrymandering is such a tried and tested electioneering technique that one might think that the founders intended for political parties to draw boundaries for congressional districts to suit their interests. Given that one of the first uses of the gerrymander was on the part of Anti-Federalists in Virginia to keep James Madison out of the House of Representatives that may well be the case. But, after a round of district drawing following the 2010 census, have the parties finally taken it too far? Now that the 2012 election results are in, for the most part, we can see the effect of partisan redistricting on the composition of the House. While that effect probably wasn’t enough to shift control of the House to the Democrats, it was enough to heavily dilute Democratic voters in several key states.

    But, before getting into that, what allows political parties to exercise so much control over the process of drawing congressional districts in the first place? The Constitution mandates that congressional districts be re-drawn after every census to reflect changes in population distribution; but how this is accomplished is largely left to states’ discretion. The two bedrock principles all states are supposed to abide by are “one person, one vote,” the idea that voters in different districts should have roughly equivalent voting power; and that districts cannot be drawn for the purpose of diluting minority voting power. However, in League of United Latin American Citizens v. Perry, the Supreme Court largely rejected a challenge brought by Texas voters that the redistricting scheme dreamed up by the Republican legislature was wholly unconstitutional, in part because the justices believed that there was no workable test for judging partisan excess.