Eleanor Finch
Since 1800, there have been over 700 proposals to reform or eliminate the Electoral College system, including the Every Vote Counts Amendment, introduced in 2005. The Electoral College system has been criticized for not providing for direct democratic election, giving an advantage to less populous states, and allowing a candidate to win the presidency without winning the most votes. The closest the US has come to abolishing the Electoral College was during the 91st Congress (1969-1971), when a proposal to abolish it passed the Senate Judiciary Committee but failed to pass the full Senate.
| Characteristics | Values |
|---|---|
| Number of proposals to reform or eliminate the Electoral College system | Over 700 |
| Date of closest attempt to abolish the Electoral College | 1969-1971 |
| Number of state legislatures that were "either certain or likely to approve a constitutional amendment" | 30 |
| Number of state legislatures needed for adoption | 38 |
| Number of resolutions introduced by US Representative Gene Green | 2 |
| Number of proposals that have received the approval of two-thirds of Congress and three-fourths of the states | 0 |
| Number of amendments to the Constitution | 27 |
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What You'll Learn
The Electoral College abolition amendment
The Electoral College has been a topic of debate in the United States for many years, with over 700 proposals introduced in Congress since 1800 to reform or eliminate it. The Electoral College is a body that elects the President and Vice President of the United States. The College is made up of electors, who are typically party loyalists. These electors cast their votes in their respective states, and the candidate who receives the majority of electoral votes wins the election.
The issue with this system is that it is not a direct democratic election. The Electoral College affords an advantage to less populous states and allows a candidate to win the presidency without winning the popular vote. This has happened on several occasions, most recently in the 2016 election, where Hillary Clinton received 2.87 million more votes than Donald Trump, yet Trump won the election with more electoral votes.
As a result of these issues, there have been several attempts to amend the Constitution to abolish the Electoral College. The closest the US came to abolishing it was during the 91st Congress (1969-1971). Following the 1968 election, where there was a large disparity between the popular vote and the electoral vote, Representative Emanuel Celler introduced House Joint Resolution 681, a proposed Constitutional amendment that would have replaced the Electoral College with a direct election plan. The New York Times reported that 30 state legislatures were likely to approve the amendment, but it ultimately failed to pass.
More recently, in 2016, Senator Barbara Boxer introduced a proposal to abolish the Electoral College and provide for the direct election of the President and Vice President by popular vote. Representative Steve Cohen introduced a similar resolution in the House of Representatives in 2017. These proposals have not gained the necessary support to become amendments, and the Electoral College remains in place.
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The Every Vote Counts Amendment
US Representative Gene Green (D-Texas) introduced the amendment on January 4, 2005, and again on January 7, 2009, as H.J.Res. 9. Two similar joint resolutions were later introduced. The first, sponsored by US Representative Jesse Jackson Jr. (D-Illinois), was H.J.Res. 36, which would require a majority vote for president. The second, sponsored by Senator Bill Nelson (D-Florida), was S.J.Res. 4, which would leave the method of election to an Act of Congress. All three resolutions died in committee during the 111th Congress.
Section 2 of the Every Vote Counts Amendment relates to voter qualifications in three implementations. The first implementation is reusing requirements for qualification to vote that were established and used for the electoral system. The second implementation would affect the resident periods in states to allow states to make little to no waiting periods to vote if one changed residence. The third and final implementation would allow Congress to input age requirements for elections and establish uniform residence requirements. Section 5 would give power to Congress. If the amendment was in place and a candidate died or there was a tie between two candidates, it would allow Congress to make decisions depending on the event, such as postponing an election.
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Voter qualifications
The right to vote is not explicitly stated in the U.S. Constitution. Instead, it is understood as prohibiting certain forms of legal discrimination in establishing qualifications for suffrage. States may deny the right to vote for other reasons, such as failing to register in advance of the election.
The Supreme Court has determined that states may require a duration of residency as a qualification to vote, but such requirements will be deemed unconstitutional unless the state can show that the requirement is necessary to serve a compelling interest. For example, in Dunn, the Court determined that a one-year residency requirement in a state and a three-month residency requirement in a county was unnecessary to further a compelling governmental interest.
In addition, the Supreme Court has evaluated challenges to voter qualification laws under the Equal Protection Clause in other contexts. For instance, in Evans v. Cornman (1970), the Court invalidated a state constitutional provision prohibiting any member of the military who entered service outside the state from establishing a voting residence within the state during their service. This was because the residents of the enclave had a stake equal to that of other residents of the state, and the provision imposed invidious discrimination in violation of the Fourteenth Amendment.
Voter ID laws vary between states, with some requiring a photo ID and others not requiring any ID. Federal laws govern voting rights, and each state sets its own voter ID rules. Most states require voters to bring identification to vote in person.
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Public concerns over the disparity between popular vote and electoral vote
The Electoral College has been the subject of much debate and proposed reform since its inception. The system has been criticised for its potential to create a disparity between the popular vote and the electoral vote, resulting in a candidate winning the election without securing the majority of votes. This has occurred five times in US history, most recently in 2016, when Hillary Clinton won the popular vote by 2.87 million votes, but Donald Trump won the Electoral College and thus the presidency.
The public's concerns over this disparity have been expressed through opinion polls and protests, with a majority consistently favouring the abolition of the Electoral College. In 2024, 63% of Americans surveyed stated they would prefer the winner of the presidential election to be the candidate who wins the most votes nationally, with 35% in favour of retaining the Electoral College system. This divide is reflected in the varying levels of support for the Electoral College among Democrats and Republicans. Eight-in-ten Democrats and Democratic-leaning independents favour a popular vote system, while Republicans are more evenly split, with 53% favouring the current system and 46% in favour of a popular vote system.
The Electoral College has been criticised for disproportionately representing the views of smaller states, as each state has two Electoral College votes regardless of population size, plus additional votes based on the number of House members. This format has been said to overrepresent small- and medium-sized states at the expense of larger states, resulting in an anti-majoritarian system where a small number of voters in a few states can block legislation desired by a larger number of people. This criticism is particularly salient at a time of high income inequality and substantial geographical disparities across states.
To address these concerns, several proposals have been put forward to amend the US Constitution and abolish or reduce the power of the Electoral College. One such proposal, House Joint Resolution 681, introduced by Representative Emanuel Celler in 1969, suggested replacing the Electoral College with a plurality system based on the national popular vote. This system would require the winning pair of candidates to receive at least 40% of the national popular vote, with a runoff election held if no pair met this threshold. More recently, in 2024, Democratic Senators Brian Schatz, Dick Durbin, and Peter Welch proposed a Constitutional Amendment to abolish the Electoral College. While these proposals have gained support, none have received the required approval of two-thirds of Congress and three-fourths of states to amend the Constitution.
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The Lodge-Gossett Amendment
The United States Electoral College was established by the U.S. Constitution, which was adopted in 1789, as part of the process for the indirect election of the President and Vice-President of the United States. Since 1800, over 700 proposals have been introduced in Congress to reform or eliminate the Electoral College.
Despite gaining endorsement from the Senate in 1950, the Lodge-Gossett Amendment was turned down by the House. The amendment resurfaced in 1955 when Senator Estes Kefauver revived the plan, securing the backing of the Senate Judiciary Committee. However, Senators John F. Kennedy and Paul H. Douglas led the opposition, and the amendment was defeated.
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Frequently asked questions
EC refers to the Electoral College, a body that elects the President and Vice President of the United States.
Proponents of EC abolition argue that the EC system does not provide for direct democratic election, gives an advantage to less populous states, and allows a candidate to win the presidency without winning the most votes.
Yes, there have been numerous attempts. Since 1800, over 700 proposals to reform or eliminate the system have been introduced in Congress.
The closest the US has come to abolishing the EC was during the 91st Congress (1969-1971). On October 8, 1969, the New York Times reported that 30 state legislatures were "either certain or likely" to approve a constitutional amendment for direct election. However, ratification of 38 state legislatures would have been required for adoption.
To abolish the EC, the proposal would need to receive the approval of two-thirds of Congress and three-fourths of the states, as required for any amendment to the US Constitution.
