most conservative districts in this country represented by bona fide, legitimate, and dedicated conservatives, the polls show that the people, the people, want the direct method of selecting the President of the United States. I have yet to see a questionnaire to the contrary. Now, my final point is this: I believe that we ought to pass the direct method of selecting the President of the United States. If we do not, it is my honest opinion that the people will be let down. If ratification fails, either by action in this body or in the other body or by action of the State legislatures, the people will be let down. I hope that the House of Representatives, which I think is the people's House, the people's House will face up to the issue and will vote in accord with what the American people by every poll have indicated they want. The people's House has even a greater responsibility than the other body or the respective State legislatures. So when the vote comes today on the district vis-a-vis the direct method or on the motion to recommit, which I suspect will be the district plan, I hope that we reject others and support in the final analysis the direct method of selecting the President of the United States. (Congressional Record, Sept. 16, 1969 at H 7947.) Senator BAYH. On February 10 the Gallup poll released its result showing that the American people by a margin of 5 to 1 favor abolishing the electoral college and allowing the people to elect the President and Vice President by direct popular vote. On May 30 the Harris survey released its poll showing an almost identical result of 5-to-1 support by the American people for direct popular election of the President. If there is no objection, I would like to insert in the record of these hearings the results of both of those polls. [The results of the Gallup and Harris polls were marked "exhibit No. 3" and "4" respectively and are as follows:] [EXHIBIT No. 3] [The Gallup Poll, Thursday, Feb. 10, 1977] PUBLIC TO CONGRESS-RETIRE THE ELECTORAL COLLEGE (By George Gallup) PRINCETON, N.J.-With the battle to abandon the electoral college once again joined in Congress, the American people have added their voice to the debate by a five-to-one margin the public favors a constitutional amendment that would eliminate the electoral college. In Gallup surveys since 1948 the public has favored changing the present system and since 1966 has expressed a desire to switch to the direct popular election of the President. In the latest survey, three persons in four, 75 per cent, approve amending the Constitution to provide for direct election. Only about one in seven, 14 per cent, opposes such a change and the balance are undecided. A Senate Judiciary subcommittee is presently holding hearings on a plan under which presidential and vice-presidential candidates who received the most popular votes would be elected. If no ticket received at least 40 per cent of the vote, a run-off election between the two top tickets would be held. Support for this constitutional amendment in the latest survey is widespread and bipartisan. Huge majorities in virtually every socio-economic group favor changing to direct popular election. Members of both major parties and independents express at least 70 per cent support with Republicans and independents (79 and 82 per cent, respectively) more likely than Democrats (71 per cent) to concur. This question has been asked since 1966 to determine attitudes toward the change: "Would you approve or disapprove of an amendment to the Constitution which would do away with the electoral college and base the election of a President on the total vote cast throughout the nation?" Here is the trend and the latest results: And here are the latest results by demographic groups: National.. Men... Women Whites. Nonwhites. High school. Grade school Under 30 years old. 30-49 years. 50 years and older. East Midwest. South. West Republicans. Democrats. Independents.. 20 42220 14 12 22 22 20 11222 The present system of voting for electors who in turn vote for their preferred candidate is the result of a compromise reached when the Constitution was written in 1787. At the constitutional convention, direct election (as is currently proposed) was opposed in the belief that the people were not well enough informed to make an intelligent judgment and because of the fear they would vote disproportionately for favorite-son candidates. Election by the Congress was rejected because of the feeling it would limit presidential independence from congressional pressure. Similarly, election by state legislatures was disclaimed because it was felt an indebted President would not be so apt to curtail state usurpation of federal authority. The electoral college. which gives each state one electoral vote for each member in Congress, was finally adopted to accommodate all factions, but since 1797 hardly a year has passed without a plan to change the electoral college. Only one, which became the 12th Amendment (providing for separate voting for President and Vice President), has been adopted. Most recently, in 1969, the House approved a plan which, like the present one, would have eliminated the Electoral College and elected the President by direct popular vote. After passing the House by a 338-70 vote, the plan was killed by Senate filibuster. Like any constitutional amendment, the present plan must first receive a two-thirds majority vote in both houses of Congress and then be ratified by three-quarters of the State legislatures. OBJECTIONS Those who favor changing the present system do so for many reasons, but chief among them is the fact a candidate can now become President while receiving fewer popular votes than his opponent. This has occurred three times in the nation's history and almost happened in 1968 and 1976. Dropping the electoral college would also remove the possibility of such historical anomalies as (1) a party running multiple candidates (the Whigs did in 1836) and (2) leaving a party with no candidate (in 1872, Democratic candidate Horace Greeley died after the election but before the electors met, leaving the Democratic electors with no candidate). Other arguments of those who favor doing away with the Electoral College include: Apportioning votes among the states gives a disproportionate influence to the smaller states; Not all electors are bound to the wishes of their constituents and may choose to disregard their desires; The present "unit rule," which generally awards the total electoral vote to a state's popular vote winner, disenfranchises all those who voted for the loser. Opponents of electing the President by direct popular vote include: Those who, like Sen. Strom Thurmond (R.-N.C.), say it would not represent "true federalism"; Some in small states who feel it would diminish their power; Certain interest groups who, if concentrated in big states, can at times cast a "bullet vote" and throw the entire state's vote (and perhaps the election) to their candidate; Those who feel a direct popular vote with a run-off proviso would turn the election into a shakedown contest for a wide field of candidates; People who fear the fragmentation and breakdown of the parties. OTHER ALTERNATIVES Aside from direct popular vote, two other basic alternatives have, from time to time, been advanced : The district plan, which was used early in American history, would award electoral votes to the popular vote winner in each congressional district with the two senatorial votes going to the state's overall popular vote winner. The proportional plan, which would give the state's electoral votes in proportion to the division of the popular vote. For example, if a candidate received 60 per cent of a state's popular vote he would be awarded 60 per cent of its electoral votes. The findings reported today are based on in-person interviews with 1,467 adults, 18 and older, conducted in more than 300 scientifically selected localities across the nation. Interviews were conducted during the period Jan. 14-17. [EXHIBIT No. 4] [The Harris Survey: Release, Monday a.m., May 30, 1977] ABOLISH THE ELECTORAL COLLEGE (By Louis Harris) An overwhelming majority of the American people favors President Carter's plan to do away with the electoral college in presidential elections . Here is where the public stands on the key election reforms: An overwhelming 74-13 per cent majority favors "passing a constitutional amendment to abolish the electoral college and have the President and Vice President elected by popular vote." As far as public opinion is concerned, the opponents of the electoral college system have won their battle. The Harris Survey asked the cross section: "President Carter has asked that some major changes be made in the federal election law. Let me read you some of the changes he wants to make and tell me if you favor or oppose each." PROPOSED FEDERAL ELECTION LAW CHANGES [In percent] Favor Oppose Not sure Passing a constitutional amendment to abolish the electoral college and have the President and Vice President elected by popular vote.. The response to the question put in the Harris Survey, "Do you favor or oppose Senator BAYH. There is one other document that I would like to hearings as a further example of the breadth of thoughtful and bipartisan support for the amendment that we are considering today. [The letter sent to President Carter urging his support of direct election was marked "Exhibit No. 5" and is as follows:] [EXHIBIT NO. 5] MARCH 10, 1977. The PRESIDENT, DEAR MR. PRESIDENT: Each of our organizations has endorsed Senate Joint Resolution Number 1, the proposed constitutional amendment to abolish the Electoral College and provide for the direct election of the President and Vice President. We consider this long-needed reform to be a matter of considerable importance, and we hope you will join us and the vast majority of all Americans in support of prompt adoption of this Amendment. It is significant that a Gallup Poll released February 10, 1977, showed five to one support for a constitutional amendment to allow direct election of the President. Approval was overwhelming in every region and among Democrats, Republicans and Independents alike. Because you have asked the Vice President to participate in policy decisions concerning electoral reform, we are taking the liberty of directing a copy of this letter to him. Of course each of us would be pleased to meet with you if you would like to discuss in detail our support for this improvement in the democratic process. [Senate Joint Resolutions 1, 8, and 18 were marked "Exhibit Nos. 6-8" respectively and are as follows:] |