Voting shift

Virginia could change the way it casts its electoral votes in the upcoming presidential election.

The members of the National Popular Vote initiative are trying to convince the Commonwealth to give its 13 electoral votes to the presidential candidate that wins the national popular vote instead of the candidate that wins the state vote.

"We live in a time when the American people are increasingly cynical about their government's ability to deal with our most pressing problems," said former U.S. Senator and Republican presidential candidate Fred Thompson.

"Therefore, we simply can no longer afford to run the risk of having a president who is handicapped by not having won the most popular votes," said Thompson, who was named national-co-champion of the National Popular Vote campaign in May. "The National Popular Vote approach offers the states a way to deal with this issue in a way that is totally consistent with our constitutional principles."

Seven states and the District of Columbia have adopted laws making the pledge to cast their electoral votes along with the national popular vote. The seven states-Maryland, Hawaii, Washington, Illinois, New Jersey, Massachusetts, and Vermont-along with the District of Columbia constitute 77 electoral votes, almost 30 percent of the 270 electoral votes needed to win the presidency.

Supporters of the national popular vote law, including Thompson, will appear in Richmond this week to push for approval of the initiative that is described as "nonpartisan," despite being passed only in left-leaning states.

Only four times in American history has a president been elected to office despite losing the national popular vote-John Quincy Adams, who lost by 44,000 votes to Andrew Jackson in 1824; Rutherford B. Hayes, who lost by 247,000 votes to Samuel J. Tilden in 1876; Benjamin Harrison, who lost by 90,000 votes to Grover Cleveland in 1888; and George W. Bush, who lost by 540,000 votes to Al Gore in 2000.

The U.S. Constitution allows states to award electoral votes in a manner directed by their legislature, according to the National Popular Vote website. The members of the initiative argue that a national popular vote will directly represent the public's wishes and will force candidates to campaign in every state. With the current electoral system, candidates usually only campaign in undecided states where polls predict the vote will be close.

But many politicians and legal experts oppose the move for a variety of reasons, including the disenfranchisement of the less-populous states.

John Samples of the Cato Institute told The Virginian-Pilot that if states follow the national popular vote initiative, future elections could be jeopardized. For example, a state may try to back out of its agreement if the national vote does not reflect overall political sentiment within the state.

The Center for Competitive Politics sent letters to Vermont legislators in April when the national popular vote bill was being debated in the state. The nonprofit, which focuses on defending First Amendment rights, argued that the popular vote system could cause significant problems in upcoming elections.

"The electoral college is an important part in the system of checks and balances in our country," said CCP Vice President of Legal Affairs Allison Hayward. "Changing the way we elect the president in favor of a system that increases the chances of electoral chaos and voter anger is not in the best interest of our country."

Another concern highlighted by the CCP is that election fraud in one state would impact how another state cast its electoral votes.

With the current Electoral College system, each state is granted a number of electors equal to the state's members of the U.S. House of Representatives and U.S. Senate. When voters cast their ballots, they are directing their electors to give their votes to the desired candidate.

Last week, California state legislature passed a bill that would direct California's 55 electoral votes towards the winner of the national popular vote. The bill, which received zero votes from Republican legislators, awaits the signature of Gov. Jerry Brown.

Virginia State Senator Yvonne B. Miller (D-5th District) introduced national popular vote bills in 2007 and 2009, but neither met with approval in the state legislature.

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