Your have been researching American election politics and election law for a long time. Election law is one of the areas that still reflect the unique characteristic of the power distribution between the States and the federal or national government: Americans are electing a President but voting for an Electoral College. Can you highlight the historical roots and significance of this “dual nature” of US election law?
The States came together originally to form a central government and retained various powers for themselves, including powers dealing with elections. Presidential elections and elections for Congress both have a federal character. It reflects multiple level actions: the States choose first and then a national choice was made from these States’ choices. As for the Presidential election, each State has a number of electoral votes. It is based on the number of the members of the House plus the number of members of the Senate. Consequently, some States have more votes than others, but each State chooses how to allocate those votes. It is at the discretion of the State. Most States allocate their votes on the basis of simple plurality, so the person with the most votes in the State gets the electors. But it is not true in all States and potentially States could allocate their electors in a wide range of ways. Currently some States are trying to undo the Electoral College by using that discretion through the National Popular Vote Interstate Compact. They agree that their electoral votes will go to whoever wins the nationwide popular vote, irrespective of the outcome within the State. Whether this method will pass constitutional muster if it gets to enough States is not clear. Presidential campaigns respond to this “dual nature” of election regulation. What counts is what States one wins. So the campaigns always focus on specific States where they think to have a chance of making a difference. Nobody bothers to campaign in California. Why? It is because currently California is not a swing state. It went 2:1 for Hillary Clinton over Donald Trump. On the other hand for example Pennsylvania is currently a swing state. Therefore, the candidates spend plenty of time there.
So each State retained their unique roles in the Presidential election. Is this the reason why winning the popular vote does not necessarily translate into winning the presidency?
That’s right. It is an illustration of the broader concept that the electoral system matters. How you make a choice sometimes influences what the choice is. To win in the Electoral College a candidate must gain a majority of electors, typically by winning pluralities in enough States. This is achieved irrespective of whether perhaps the other candidate won more votes overall. Because of that federal choice process, four or five times in US history, even though one candidate won more votes nationwide, a different candidate won a majority in the Electoral College.
In one of your research areas, you are shedding lights on the worrisome development that a significant number of noncitizen immigrants are fraudulently participating in US elections. What makes this fraudulent behavior possible?