electionline Weekly

In Focus This Week

‘National Popular Vote’ Makes Headway in 2007 Legislative Sessions
Legislation awaiting governor’s signature in Maryland and progressing in other states

By M. Mindy Moretti
electionline.org

Once again this legislative season, efforts are underway to alter the way American’s choose a president. And one state — Maryland — is poised to officially become the first state to bypass the standard Electoral College process and award its 10 electoral votes to whoever wins the national popular vote.

Spearheaded by the organization National Popular Vote, the legislation working its way through statehouses across the country would allot all of a state’s electoral votes to whichever presidential candidate received the most popular votes.

Although efforts have been underway on some level for years to change the Electoral College system, it has only been in the past 13 months since the National Popular Vote initiative was launched that the potential change has gained traction.

The state-by-state winner take all Electoral College system remains firmly entrenched in 48 states and the District of Columbia. Only Nebraska and Maine offer alternatives – both states assign electors by Congressional district. It has made little difference in either state – unanimity in presidential elections has been the norm. 

Typically, the issue has been a non-starter, even after election controversies. Just after the chaos of the 2000 election, legislators in 21 states considered more than 50 bills that would have changed the allocation of electors to a Nebraska/Maine-type system. All failed.

But this year, legislation with the popular-vote approach has found more success. Bills have been introduced in 47 states, securing approval in House or Senate chambers in three states while clearing committees in seven states. Legislation proposed in three more states and the District of Columbia were seeking sponsors.

Leaders of the popular vote movement say that points to momentum 

“Although some states have adjourned already, a great many are still actively considering the bill this year and of course we’ll be around the next year,” said John Koza, vice president of the Board of National Popular Vote. “This whole process is only 13 months old and it’s now passed eight legislative houses, and that seems like a pretty good response.”

The biggest success has been in Maryland, where both the Senate and the House approved the legislation and a spokesman for Maryland Gov. Martin O’Malley (D) has indicated the governor will sign the legislation when it comes across his desk.

“He supports it, because every voter counts, and every vote should count equally,” Rick Abbruzzese told The Washington Post.

The bill was first approved by the Senate 29 to 17 largely along party lines, although three Democrats did join the state’s 14 Republican Senators in voting against the legislation.

Immediately following the Senate vote, the House Ways and Means Committee, which had been holding on to the legislation pending the outcome in the Senate, voted to send the bill to the full House which approved the legislation 85-54.

“It obviously gives Maryland more of a voice in a national election,” House Speaker Michael E. Busch (D-Anne Arundel) was quoted as saying in The Washington Post. “The last couple of elections, the candidates have concentrated all their efforts in the two or three states that are going to decide the election.”

Of course not everyone was happy with the approval of the legislation in Maryland. State Republicans listed the legislation as one of four of the worst pieces of legislation introduced in this year’s General Assembly.

In Arkansas, after failing 45 to 51 in the House, the bill was approved the next day by a vote of 52 to 41. The bill now goes to the Senate Committee on State Agencies and Affairs. Arkansas Gov. Mike Beebe has said he will sign the legislation if it is approved by the Senate.

Hawaii’s Senate approved the legislation in February and late last week a House committee voted to recommend the legislation to the full House. 

In Colorado, the measure passed the Senate by a vote of 19-15, however a House committee voted 10-1 to kill the bill before it ever reached the full House.

Despite the success in Maryland and possible success in other states, it could be a while before anything changes in the Electoral College process because the agreement does not take effect until states that cumulatively hold 270 electoral votes — the number needed to win the presidency — sign on.

 But Koza is optimistic that 2008 will be the last presidential election to use the traditional Electoral College to choose a president. 

“What we think and hope will happen next year, especially if the nominees are picked by March at the latest, is that the public is going to see even more dramatically that the candidates spend 80 percent of their time in nine states and it really does come down to six to nine states choosing the president,” Koza said. “We’re hoping and expecting that 2008 will be the last presidential election to be decided this way.”

Election News This Week

Ohio Secretary of State Jennifer Brunner (D) took control of the Cuyahoga County Board of Elections this week. The move allows Brunner to act in place of the board, which with an interim director and only one board member did not have enough members for the quorum required to conduct business. According to the Cleveland Plain Dealer, Brunner can review and approve any changes to policy or procedure. In a letter to the Cuyahoga board, Brunner said the oversight could remain in effect through next year “to ensure a fair, orderly and efficient process for the heavy voter registration and turnout expected for the 2008 presidential election.”

The Election Assistance Commission (EAC) recently voted to launch a comprehensive study of voter identification laws. The decision comes after the EAC failed to adopt a previous report and research conducted by Rutgers University. “After careful consideration of the initial research, the Commission decided this important issue deserves a more in-depth research approach, and that it should be examined beyond only one election cycle,” EAC Chairwoman Donetta Davidson said in a statement.

The state of New Jersey must repay the federal government $64,514 in grant money after it was discovered that former Secretary of State Peter C. Harvey used the money for food and transportation to attend hip hop “get out the vote” events leading up to the 2004 presidential election and the 2005 gubernatorial election. In an audit released earlier this week, the EAC said it “considers food provided to students at the summits and transportation provided to students to and from the summit as entertainment costs and not an allowable use of HAVA funds.” A spokesman for current Attorney General Stuart Rabner said the state does not plan to contest the findings and that there are no plans for future summits.

A Montana Senate committee voted this week to table legislation that would repeal the state’s new election-day registration legislation, effectively killing the bill this legislative session. “Voting is a responsibility and if you can’t register to vote by Friday at 5 p.m. before the day of the election you’re too lazy to vote,” Sen. Jim Shockley, R-Victor, told the Great Falls Tribune. Democrats argued that election officials should have approached the Legislature with a plan to fix election-day registration, including more people to handle long lines, instead of attempting to have the law repealed.

Opinions This Week

National: Voter fraud, II, III, IV; Electoral College, II

California: Electronic voting

Florida: Felon voting rights, II, III, IV, Voting systems

Indiana: Voter ID

Maryland: Felon voting rights, Electoral College

Montana: Election law changes

New York: Voting reform, Military voting

North Carolina: Voter ID

Oregon: Election verification

Rhode Island: Voter ID

Job Postings

All job listings must be received by 12 p.m. Eastern on Wednesday for publication in our Thursday newsletter. Job listings are free but may be edited for length. Whenever possible, include Internet information. Please email job postings to mmoretti@electionline.org

Election Director: Anne Arundel County (Md.) Board of Elections is recruiting for the position of Director of the County’s election office.  Anne Arundel County is the third largest jurisdiction in the State with over 300,000 registered voters.  The Director is responsible for all facets of administering the election office including:  personnel management, budgeting, implementation of a new voting system and voter registration system, and compliance with all state and federal election laws. Requirements: Graduation from an accredited high school or possession of a high school equivalency certificate.  Five years experience applying federal, State and local election laws and regulations applicable to conducting elections, which must have included at least one presidential or gubernatorial election.  2 yrs. exp. directly managing an office or a project staff of five or more employees Special Requirements of the Classification: Employees in this classification are required to be registered voters in the State of Maryland in accordance with the Election Law Article, Section 2-207(d). Employees in this classification may not hold or be a candidate for any elective public or political party office or any other office created under the Constitution or laws of this State in accordance with the Election Law Article, Section 2-301(B). Application: Instructions, application and application supplement can be found by visiting www.dbm.maryland.gov or by calling 410-767-4850, toll free 800-705-3493; TTY users call MD Relay Service, 800-735-2258.  EOE. Salary: $50,893 – $83,942

Election Director: Baltimore City Board of Elections is recruiting for the position of Director of the City’s election office.  Baltimore City is the fourth largest jurisdiction in the State with over 300,000 registered voters.  The Director is responsible for all facets of administering the election office including:  personnel management, budgeting, implementation of a new voting system and voter registration system, and compliance with all state and federal election laws. Requirements: Graduation from an accredited high school or possession of a high school equivalency certificate.  Five years of experience applying federal, State and local election laws and regulations applicable to conducting elections, which must have included at least one presidential or gubernatorial election.  2 yrs. exp. directly managing an office or a project staff of five or more employees. Special Requirements of the Classification: Employees in this classification are required to be registered voters in the State of Maryland in accordance with the Election Law Article, Section 2-207(d). Employees in this classification may not hold or be a candidate for any elective public or political party office or any other office created under the Constitution or laws of this State in accordance with the Election Law Article, Section 2-301(B). ). Application: Instructions, application and application supplement can be found by visiting www.dbm.maryland.gov or by calling 410-767-4850, toll free 800-705-3493; TTY users call MD Relay Service, 800-735-2258.  EOE. Salary: $50,893 – $83,942

Election Director: Carroll County (Md.) Board of Elections is recruiting for the position of Director of the County’s election office.  Carroll County is a large jurisdiction in the State with registered voters.  The Director is responsible for all facets of administering the election office including:  personnel management, budgeting, implementation of a new voting system and voter registration system, and compliance with all state and federal election laws. Requirements: Graduation from an accredited high school or possession of a high school equivalency certificate.  Five years of experience applying federal, State and local election laws and regulations applicable to conducting elections, must have included at least one presidential or gubernatorial election.  2 yrs. exp. directly managing an office or a project staff of three or more employees. Special Requirements of the Classification: Employees in this classification are required to be registered voters in the State of Maryland in accordance with the Election Law Article, Section 2-207(d). Employees in this classification may not hold or be a candidate for any elective public or political party office or any other office created under the Constitution or laws of this State in accordance with the Election Law Article, Section 2-301(B). Application: Instructions, application and application supplement can be found by visiting www.dbm.maryland.gov or by calling 410-767-4850, toll free 800-705-3493; TTY users call MD Relay Service, 800-735-2258.  EOE. Salary: $44,754 – $73,769

Election Director: Kent County (Md.) Board of Elections is recruiting for the position of Director of the County’s election office.  Kent County is a small jurisdiction in the State with registered voters.  The Director is responsible for all facets of administering the election office including:  personnel management, budgeting, implementation of a new voting system and voter registration system, and compliance with all state and federal election laws. Requirements: Graduation from an accredited high school or possession of a high school equivalency certificate.  Five years of experience applying federal, State and local election laws and regulations applicable to conducting elections, which must have included at least one presidential or gubernatorial election.  2 yrs. exp. directly managing an office or a project staff of two or more employees. Special Requirements of the Classification: Employees in this classification are required to be registered voters in the State of Maryland in accordance with the Election Law Article, Section 2-207(d). Employees in this classification may not hold or be a candidate for any elective public or political party office or any other office created under the Constitution or laws of this State in accordance with the Election Law Article, Section 2-301(B). ). Application: Instructions, application and application supplement can be found by visiting www.dbm.maryland.gov or by calling 410-767-4850, toll free 800-705-3493; TTY users call MD Relay Service, 800-735-2258.  EOE. Salary: $39,478 – $64,755