Republicans Seek to Change How Electoral Votes Are Allocated

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By Brian Montopoli / CBS News

"It doesn't fix what's really broken about our current system," he said. "And added to that, has incredibly indefensible partisan consequences." A Gallup survey taken earlier this month found that 63 percent of Americans, including more than six in 10 Republicans, Democrats and independents, support "doing away with the Electoral College and basing the election of the president on the total vote cast throughout the nation."

Were the changes to get passed and signed into law, they could face legal challenges. Columbia University election law expert Nathaniel Persily said the Virginia law could potentially be challenged under the Voting Rights Act, with an argument that the move discriminates against African-Americans. He added that it could be challenged in any state with a claim that it violates the equal protection clause of the 14th amendment, and could also be challenged under the constitutions of the various states.

Persily acknowledged, however, that the courts have not struck down the system in the two states where it is already in place. "You have to think of a legal theory that would strike this down but not strike down Maine and Nebraska," said Persily. "The question is, does the motivation make a difference?" He said the motivation argument could be made in the context of other recent moves by Republicans, including the voter ID and early vote changes seemingly designed to boost the GOP.

No matter how it played out, he added, passage of such laws would be "tantamount to a declaration of political nuclear war."

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Guest said on Monday, Jan 28 at 4:06 PM

gee I'm all for that. But what I predict is that the GOP only wants to divvy up the electoral votes in contested states. In heavy Republican states I doubt they will want to extend that privilege to Democrats. Do you think they will want to cede electoral votes in say Texas to Democrats? If they used the system they want in contested states, it would have given Obama 16 of the 38 electoral votes in Texas. I doubt the GOP would be down for that.

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gee said on Monday, Jan 28 at 3:49 PM

just get rid of the electoral system and let the people choose!!!

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Baggins said on Monday, Jan 28 at 10:53 AM

G.O.P. Gooffy,Odie and Pinoccio

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Guest said on Monday, Jan 28 at 10:38 AM

There are plenty of states out there (look at Michigan) that also had more Democrat votes for U.S. house seats but have far more Republican representatives. I don't care how you try to justify it, IT IS WRONG! How would any of you GOP feel if you lived in a state and more people voted Republican but had more Democratic representatives? Imagine if we had two Democratic senators and a Democratic representative, had far more Republican votes and always voted Republican for president yet somehow end up with the Dem's in power. Well that's what some states are dealing with because of the gerrymandering done in 2010. Even with that the GOP couldn't take the White House and now wants to rig the system even more so they can win (unfairly and undemocratically). I challenge any Republican to look at the results and prove me wrong.

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Joe said on Monday, Jan 28 at 8:49 AM

If you can't win by popular vote--the Republicans will just "fix it". Even Republican governors are backing away because we voters aren't stupid and it will backlash on them.

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