Winner-Take-All Presidential Elector System Deemed Constitutional

February 27, 2020 by Dan McCue
FILE - In this July 9, 2019 file photo, people wait in line to enter the 5th Circuit Court of Appeals in New Orleans. On Wednesday, Feb. 26, 2020, the federal appeals court said the winner-take-all system Texas uses to assign Electoral College presidential votes is constitutional. Wednesday's ruling is the latest defeat for organizations that say each state's electors should be chosen proportionally, based on the percentage of the statewide vote. (AP Photo/Gerald Herbert, File)

A federal appeals court has declared the winner-take-all system 48 of 50 states use to assign their electoral college votes is constitutional.

A three-judge panel of the 5th U.S. Circuit Court of Appeals unanimously upheld a lower court’s dismissal of a lawsuit challenging the Texas system.

Two similar lawsuits challenging the practice in additional states are pending in other appeals courts.

Domingo Garcia, national president of the League of United Latin American Citizens, a lead plaintiff in the case, said he expects the issue to wind up at the Supreme Court.

In upholding the current system, the panel cited appellate and Supreme Court decisions going back to the 1960s that have also allowed the policy to stand.

Critics of the system maintain that electors should be allocated proportionally, based on a percentage of the popular vote for each presidential candidate.

The three-judge panel rejected that argument, noting that each citizen in each state is afforded the opportunity to vote and that the winner-take-all system does not deprive anyone of that right.

The panel also rejected other arguments, including the assertion that the winner-take-all system causes national candidates to ignore Texas voters while focusing on swing states, and that it diminishes the incentive of voters whose party or candidate is lagging in state polls to cast a ballot in a presidential race.

In a written statement, Texas Attorney General Ken Paxton said, “only an amendment to the Constitution can change or eliminate the stable and successful presidential election system designed by our Founders.

“The Electoral College has been in constant use since 1789, and the Constitution clearly allows states to appoint electors as directed by the Legislature,” Paxton continued. “Texas and the 47 other states that selected the winner-take-all method are operating in full compliance with the Constitution. This challenge to the Electoral College system is not just baseless, it threatens to destroy the framework of our election process.”

Political News

Arlington Firm Sees Surge in Demand For Virtual Town Hall Services Due to COVID-19
In The News
Arlington Firm Sees Surge in Demand For Virtual Town Hall Services Due to COVID-19
April 3, 2020
by Dan McCue

WASHINGTON - "Surreal" is the first word Shaun Thompson uses to describe what's happened to his business since the coronavirus outbreak took hold in the U.S. just over a month ago. Tele-Town Hall was founded in 2006 with a single customer -- a freshman California congressman... Read More

Pro-Trump Super PAC Targets Biden in First Round of Swing State Ads
2020 Elections
Pro-Trump Super PAC Targets Biden in First Round of Swing State Ads

WASHINGTON — Even with the country largely at a standstill amid the worsening coronavirus pandemic, election year politics are intensifying as the general election matchup has come into clearer focus. The main super PAC backing President Donald Trump’s reelection bid Wednesday announced a $10 million ad... Read More

Census Bureau Nixes All Field Operations Through April 15
Census
Census Bureau Nixes All Field Operations Through April 15
March 31, 2020
by Dan McCue

WASHINGTON - The U.S. Census Bureau, which had already suspended its field operations due to the coronavirus outbreak, has announced it will further postpone those operations at least through April 15. In a written statement, the agency said it made the decision based on continuing assessments... Read More

Bloomberg Transfers $18 Million to DNC, Dems In Battleground States
2020 Elections
Bloomberg Transfers $18 Million to DNC, Dems In Battleground States

WASHINGTON - Former New York City Mayor Michael Bloomberg has abandoned plans to form a new super PAC dedicated to defeating President Donald Trump and is instead donating $18 million to the Democratic National Committee to achieve the same ends. In addition, the billionaire and former... Read More

US Moves From Coronavirus Containment to Preparing for Daily Disruptions
Health
US Moves From Coronavirus Containment to Preparing for Daily Disruptions

The reality that the United States may not be able to contain the spread of the new coronavirus began to set in this weekend as federal officials escalated warnings to vulnerable groups and said to prepare for more disruptions. Trump administration officials appeared on the Sunday... Read More

Bipartisan Policy Center Unveils Options to Strengthen Transparency at the EPA
Bipartisan Policy Center Unveils Options to Strengthen Transparency at the EPA
February 25, 2020
by Kate Michael

WASHINGTON – A new report released by D.C.-based think tank Bipartisan Policy Center hopes to strengthen transparency at the Environmental Protection Agency (EPA) by suggesting options for growing a culture of data and evidence.  On the cusp of the EPA’s 50th anniversary, BPC has published the... Read More

Straight From The Well
scroll top