Taking on the Duopoly – Bill Weld Sues the Winner-Take-All System
by John Keller, 71Republic.com The Former Governor Is Suing Massachusetts Over Their Winner-Take-All Electoral System.
Early this month, on February 21st, Bill Weld filed to sue the state of Massachusetts to overturn the winner-take-all system for assigning electoral votes in Massachusetts. This system is used in 48 states, including Massachusetts. The suit claimed:
“The predominant method in America for counting votes in presidential elections violates the United States Constitution; it also distorts presidential campaigns, facilitates targeted outside interference in our elections, and ensures that a substantial number of citizen voters are disenfranchised when their votes are tallied in early November, only to be discarded when it really counts in mid-December”
It is believed that Bill Weld will be using the Equal Protection Clause of the XIV. Amendment to overturn this rule in Massachusetts, and as a result, America. The Equal Protection Clause is written as follows:
“All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”
Based on the current “winner takes all” system in America with the electoral college, it is possible for over 50% of Americans votes to not be represented when the electoral college casts its votes in December. With a re-examination of the 2016 Presidential Election this trend is very clear, based on data provided by Politico.
In 2016, if an at-large by state electoral system, over the winner takes all system, was enacted no candidate would have gotten 270 electoral votes and they would have been distributed as such: 262 for Clinton/Kaine (D), 258 for Trump/Pence (R), 15 for Johnson/Weld (L), 5 for Stein/Baraka (G), and 1 for McMullin/Finn (I). If the electoral votes had been distributed, although unrealistically, nationally, then 31 electoral votes would have been awarded to third party candidates. Due to the winner take all system, Donald Trump won the presidency with 306 electoral votes (56.88%) despite winning only 46.09% of the popular vote...