Chapter 7/13

The Importance of Nominations - Important b/c US has a 2 party system which means 2 viable candidates.Nomination – proposing people to run for office; official endorsement of a candidate by a party

5 WAYS NOMINATIONS CAN BE MADE:1. Self-announcement – oldest way usually done in small

towns & rural areas -person announces running for office ; Today’s standards - WRITE-IN

2. The Caucus - group of like-minded people that meets to select the candidates will support in an upcoming election. Also elect delegate to national convention, Replaced by convention.

-were private meetings made by influential figures (political

machines) -(usually originate at local level - party bosses Mayor Daley - Chicago; Gov. Connally - TX) = Select who went and how voted; used to be behind doors-criticized as non-representative

-caucuses still used to make local nominations but now open to all members of a party.

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2. The Caucus Now caucuses opened to all voters who are registered with party

Organized like pyramid 1. small neighborhood precinct - held 1st

delegates chosen on basis of preference of candidates 2. county caucus 3. Congressional district caucuses delegates chosen to go to state convention....then delegates chosen...national convention

Phased out - but some states still hold; REPLACED BY CONVENTION

**In 1984 Democrats set aside 15% of delegate slots for public officeholders and party officials at conventions called = SUPERDELEGATES

Chapter 7/13 3. Convention

party members meet in different state level caucuses and select

delegatesformal assembly of a representative party to nominate

candidates and adopt platforms and party rules. NATIONAL PARTY CONVENTION – held every 4 years before

the general election to nominate political party’s pres/vp

4. Direct Primary - an election held within the party to pick the party’s candidates for the general election.

A. Closed Primary - only declared party members can vote to decide which candidate the party will support

Independent - not affiliated with partyex. Reformed party = Perot, Ventura

B. Open Primary - any qualified voter may vote to decide which candidate a party will supportCaucus and Primary are methods used to select delegates

Chapter 7/13 Blanket Primary – every voter receives same ballot that lists every candidate regardless of party. NO LONGER USED; SC CASE California Democrats v. Jones - process violated 1st & 14th Amendments guarantees of the right of association** State can’t force political party to associate with outsiders (members of other parties) when it picks its candidates**listing every candidate regardless of party for every nomination to be made. Voters may switch from one party to another on office to office basis.C. Runoff primary - (most states candidates need plurality to win nomination)

Some states - MAJORITY is neededIf no one wins MAJORITY - Runoff Primary

Runoff primary=voters must choose between the two top vote-getters.D. Nonpartisan Primary - do not identify candidates by party affiliation.

FRONTLOADING – states holding their primaries/caucuses earlier to

increase influence in nomination process5. Nomination by PetitionUsed at local level - this process is commonly used for nonpartisan posts.Election laws require that minor parties get certain number of signatures before they are put on the ballot.

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Primary ElectionDepends on StateWhy? B/c NO RULE in Constitution for nominating

candidates

PRIMARY CREATED TO TAKE POWER OUT OF PARTY BOSSES1968 - National convention took change with delegate procedures. Investigation b/c minorities not represented amongst delegates.

McGovern - Fraser Commission - mandate no longer could party leaders handpick the convention delegates virtually in secret Had to be openDelegates usually worked on candidate’s campaign

PURPOSE:1. Select delegates to convention

AND/OR2. Show voters preferences for presidential candidates3. Delegates are chosen as electorsNOMINATING SESSION - JAN-JUNESHOW CHART - - Road to the White House

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What is a delegate?-Registered citizens chosen to represent their states at their political party’s conventions prior to the presidential election-Must cast their vote in favor of one candidateWho are the Delegates?-Often party activists, local political leaders, early supporters of a given candidate, loyal party member-Final list of delegates is made PUBLIC along with how they placed their voteHow many Democratic Delegates?2008 election - 4,048 Delegates at the DNC; Candidate needs 2,118 delegates’ votes (MAJORITY) to win presidential nomination; 2012 needs 1,897 delegates; Total 3,792Complicated Formula

ex. Allocation Factor AF=1/2 x ((SDV÷ TDV) + (SEV ÷ 538))SDV - State Democratic VoteTDV - Total Democratic VoteSEV - State Electoral Vote

Basically it takes into account STATE and NATIONAL popular vote for Democratic candidate in previous elections, state and national electoral votes

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ex. PLEDGED DELEGATES - is elected or chosen on the state and local level with the understanding that they will support a particular candidate at the convention***CANDIDATES are allowed on a state-by-state basis to review lists of delegates who have pledged their support and can delete anyone whose support they consider unreliable.***

At-Large Delegate (consist of all delegates elected state-wide to the national convention except for congressional district delegates - proportionally allocated) District Delegates (consists of delegates to the national convention are elected from each congressional district - based on district population; proportionally allocated)

PLEOs =(Party Leaders and Elected Officials) Unpledged Delegatesex. Mayor, state-wide officials, state legislative leaders, state party committee chairs, etc.

(proportionally allocated based on state-wide vote)

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UNPLEDGED PLEOs or SUPERDELEGATES - (825 = 2008 election) (not required to indicate a preference for a candidate)

ex. Members of US Congress, Governors, National Committee members or party leaders - Former Presidents/ VPTheir votes don’t really matter unless race is close

Democratic Party uses PROPORTIONAL REPRESENTATION to decide how many PLEDGED delegates are awarded to each candidate.

For instance, a candidate who wins 40% of the vote in a state’s primary would essentially win 40% of that state’s pledged delegates.

A candidate has to receive at least 15% of the vote to get any PLEDGED delegates. If a candidate get 14% tough luck, they aren’t awarded any delegates.

There is no official process to win superdelegates b/c they can vote for whomever they please.

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REPUBLICAN DELEGATESTWO TYPES OF DELEGATES: PLEDGED AND UNPLEDGED

Pledged Delegates - have to indicate support for a particular candidate at the convention. They are usually elected or chosen on the state and local level.

Unpledged delegates - are not required to indicate a preference for a candidate

A majority of Republican unpledged delegates are elected just like pledged delegates and are likely to be committed to a specific candidate. A sizable minority of unpledged delegates automatically become delegates by virtue of their status as either a party chair or a national party committee person. This group is known as unpledged RNC member delegates.Republicans can win delegates by WINNER TAKE ALL or PROPORTIONAL depending on the state and does not require 15% threshold.INDEPENDENTSDon’t receive delegates or hold national nominating convention18 states don’t’ allow independents to vote in primaries at allOHIO DOES NOT ALLOW BUT CAN VOTE ON ISSUES

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CONVENTION

Held every 4 years to do 3 main things:1. nominate President & VP candidates2. determine rules that govern the party decisions3. make decisions on party’s issues = PLATFORM

Conventions are attended by DELEGATESDelegates = people elected or appointed to select a party’s candidatesNumber of delegates determined by state laws & party rules

In a situation where there are not enough delegates during primary/caucus to have a candidate receive a majority vote, the convention becomes a BROKERED CONVENTION.Pledged delegates are able to switch allegiance to a different candidate before next round of voting. (Horse trading occurs)Sometimes Superdelegates votes are counted on the first ballot where the outcome is decided rather than pledged delegates

Chapter 7/13□ CONVENTION STEPS □ 1. KEYNOTE SPEAKER - most important person

□ Presents themes that the party will feature in the forthcoming presidential campaign.

□ Also other influential party members will give speeches - Jesse Jackson, Edward Kennedy, Bill Clinton, Clint Eastwood

□ 1a. DELEGATES VOTE ON WHETHER TO ACCEPT THE PARTY’S PLATFORM

□ 2. ADOPTION OF PARTY PLATFORM□ Biggest controversy□ Party’s position on current issues of the day□ Delegates vote on whether to adopt the party platform

□ 3. FLOOR DEMONSTRATIONS□ At one time demonstrations were spontaneous□ TODAY - party leaders have strict control length of floor

demonstrations

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□ 4. STATE BY STATE ROLL CALL VOTE

□ Each state’s party leader is called upon one at a time and announces how state’s votes will be distributed

□ 5. President & Vice President candidates receive the majority of

delegates votes and nomination

□ 6. Election campaign underway.

□ 7. American people vote

□ 8. Electoral college votes

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□ Campaign Spending□ Sources of Campaign Funding - private contributors and

public treasury□ Regulating Campaign Finance - unlawful for any

CORPORATION or NAT’L BANK or LABOR UNION/ORGANIZATION, FEDERAL GOV’T CONTRACTORS, OR FOREIGN NATIONALS to make a money contribution for federal office

□ In 1974, Congress passed the FEDERAL ELECTION CAMPAIGN ACT.

It had two main goals:□ 1. tightening reporting requirements for contributions□ 2. Limiting overall expenditures.□ The ACT created the following amendments:

□ CREATED FEC - Federal Election Commission -independent agency members (6 yr. term, appointed by president, confirm Senate. No more than 3 commissioners may belong to political party) set limits on campaign contributions and spending, disclosure of campaign finance data, and administer public funds for parts of the presidential election process; administer campaign finance laws

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□ LAWS COMMISSION ENFORCES ARE:□ 1. Disclosure Requirements□ - campaign finance data must be reported to the FEC whether receiving federal funding or not.□ - (No person can give more $100 in CASH; any spending over $200 must be identified)

□ Role of PAC - Political Action Committee - special interest group have major stake in public policy.

□ 2 types of PAC:□ 1. special interest = business associations, labor unions,

professional grants; “segregated fund committee - raise money only from their members

□ 2. “Unconnected committee” - raise money from public□ PAC can’t give more than $5,000 to 1 federal candidate in both the primary and

general election. $15,000/yr political party

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2. Limits on Expenditures□ Laws made mostly for presidential election□ If candidate accepts federal support, they agree to limit expenditures

to a certain amount by law.

□ Primaries□ ex. Year 2000, $35 million in primaries given by federal gov’t as

long as raised ½ money□ GW Bush did not accept federal funding for primaries...accepted

for general election.□ Year 2008, $42 million in primaries given by federal gov’t as long

as raised ½ money - expenditures□ Obama did not accept federal funding

□ General Election□ ex. Year 2000, $80 million given by federal gov’t and don’t have to raise money.

□ GW Bush accepted for general election.□ Year 2008, $84 million given by federal gov’t and don’t have to raise

money□ McCain accepted federal funding for general election□ Obama DID NOT accept federal funding for general election□ Year 2012 – Obama and Romney DID NOT accept federal funding; □ Obama spent $1,199,024,177; Romney spent $976,303,042

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3. Limits on Contributions□ no person may give more than $2,500 to a federal candidate or give more than

$5,000/yr. to a PAC OR $30,400 to National Party Committee

□ Person limited to contributions of federal candidates of $101,400 (2 year period)

□ 4. Public Funding of Presidential Campaigns - primaries and general election (if accept public funds)

□ National Political Party Conventions□ Federal gov’t gives (in 2008) $16.8 million per political party to

spend at convention. Must file reports with FEC.

□ Primaries□ President candidates who raise $5,000 on their own in at least 20

states ($100,000) can get individual contributions of up to $250 matched by the federal treasury.

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General Election□ EACH CANDIDATE gets a fixed amount of money to cover all

campaign expenses. All money is raised by taxpayers payment.

□ Year 2008, $84 million dollars in public funds□ McCain accepted public funding□ Obama did not accept public funding = spent over $778

million□ Tax Payers (citizens)□ Each person who files income tax can give $3.00 of their tax

payment ($3 TAX CHECKOFF) to the Presidential Election Campaign Fund. (last 5 years approx. 33 million taxpayers have checked yes)

□ Every 4 years, the federal gov’t distributes dollars from the Fund to:

□ 1. qualified Presidential candidates who demonstrate broad national support□ 2. If accept money, general election nominees agree NOT to accept any private contributions (ex. from individuals , PACs)□ 3. Candidates must promise not to spend more than $50,000

of their own money on their campaign.

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□ Any unused funds must be returned to the US Treasury

□ All money in the check off fund are used only for presidential elections

□ Cost of administering program is covered under the FEC budget which is appropriated every year by Congress.

□ If money would run out, the law states that priority be given first tot party nominating conventions, then general elections, then primary election candidates. If funds insufficient for primary elections, the Treasury would provide only partial matching funds.

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LAW STATES MONIES USED FOR:1. Preconvention Period - get public funding - raise $100,000 from

individual must get in $5,000 of at least 20 states - individual donation are matched but must be at least $250

2. National Conventions - if party needs money get it automatically by grant to pay for convention

3. Presidential Campaign- receive public subsidy to cover costs of general election; minor party qualify if won, 5% of popular vote

□ cash contribution of more than $100 must be disclosed but no more than$200 cash

□ any advertisements must carry name sponsoring them□ Money given for federal office made through single campaign committee only

they can spend money□ any contribution more than $200 reported or spending must be reported with

FEC□ any contribution of more than $5,000 reported to FEC within 48 hours.□ $1,000 or more received in last 20 days of campaign reported□ Individual committee or person spending more than $250.00 for candidate must

file with FEC

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1976 case Buckley v. Valeo

□ Senator James Buckley filed suit against Valeo, Secretary of the Senate and member of FEC who represented the US gov’t.

□ SC struck down as a violation of free speech the portion of the law that had limited the amount individuals could contribute to their own campaigns.

□ ex. Ross Perot spend over $60 million of own money□ Wall Street tycoon - John Corzine spend over

$60 million to pursuit NJ Senate seat

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□ Another loophole - 1979 - SOFT MONEY - political contributions

used for party building expenses such as: voter registration drives, vote drives, and distribution of campaign material at grass-roots level or for generic party advertising. NO CONTRIBUTION LIMITS.

□ This includes PACs - can spend unlimited amounts of money INDIRECTLY

□ HARD MONEY - money raised and spent to elect candidates for Congress and White House; money needs to be disclosed to FEC

1938 - HATCH ACT - prohibited contributions and actively participating to Federal candidates from Federal workers and Contractors . AMENDED 1993 – Federal employees may only participate in Federal campaigns off-duty and may engage in political activities but may not run for partisan office or solicit contributions from public and limited individual contributions to $5,000/yr. Those with sensitive positions (National Security) can’t engage in political activity even off duty.

1974 - FECA created and set limits and enforced campaign spending ($1,000 for individual contribution; $5,000/yr) 1976 - Buckley v. Valeo 2002 McCain-Feingold Act - to close soft money and electioneering communication - DID NOT BECOME LAW

2002 Bipartisan Campaign Reform Act (BCRA) -( McCain - Feingold sponsors)- Banned soft money to political parties but other political groups can raise money.- Restrictions to “electioneering communication” - any broadcast, cable or satellite

communication that clearly identifies candidate for federal office within 30 days of a primary and 60 days of a general election and paid for by an interest group (PAC) from their general fund.

BCRA AMENDED: Continues to ban soft money to candidate and political parties and continues to limit how much and individual or PAC can give but they can NOW broadcast 30 and 60 days before elections. Continues to BAN Foreign corporations and Foreign Nationals from contributing to a federal candidate.

2003 - McConnell v. FEC - upheld the BCRA to prevent actual corruption; they said since PAC are free to engage in political speech, corporations and unions are not limited in their ability to speak but must do so through their PACs.

A PAC can file with the FEC or IRS:527 Organization - tax-exempt organization named after an IRS code; can not advocate for a specific candidate or coordinate with the candidate’s campaign; usually run by an interest group - raise money to spend on ISSUE ADVOCACY and VOTER MOBILIZATION  

2010 - Citizens United v. FEC - Corporations and unions are free to use their money to air political ads specifically calling for election or defeat of Federal and State candidate OR Ad referring to candidates during pre-election period but not specifically calling for election or defeat.

- Speechnow.org case, PAC can spend money in general are allowed but no direct contributions to candidate or party.

SUPER PAC can file with the IRS:501(c)(4) - “non-profit social welfare” group and DO NOT have to disclose the donors. These groups must operate exclusively to promote social welfare, but they are allowed to spend money on electioneering and lobbying activities provided that is not their “primary activity”. They can give unlimited amounts of money. Referred to as “shadow money” or “dark money” because the source of the money is not transparent.

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Presidential Candidate View of America

CANADA

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ELECTORAL COLLEGE

GENERAL ELECTIONTuesday after 1st Monday in November

POPULARVOTE – (plurality) – vote cast by general public are cast for slates of electors who are pledged to the candidates for whom people wish to vote

ELECTORAL COLLEGEMonday after 2nd Wednesday in December

Electors meet at State capitol

Definition: Special body made up of people selected by each of the states which vote for President and Vice President

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□ Electoral College established by Founding Fathers as

compromise between election of President by Congress and election by popular vote.

□ (Convention to keep election out of the hands of uneducated –

Many view as outdated need amendment.)Reasons why the Framers of the Constitution adopted an electoral college.1. Representatives: How to balance power between large &

small states2. Fear: People weren’t educated enough to make a good

decision.3. Knowledge: Voters didn’t know about candidates from

other states.

□ Electors - members of electoral college casts 2 votes ; 1-Pres; 1 - Vice President (12th Amendment - 1804)(originally cast 2 votes for President)

□ Electors meet at the state capitol to vote. □ The votes are signed and sealed and sent by REGISTERED mail to

President of Senate in DC (Presiding Officer/VP)

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□ Ohio has 18 electoral votes□ Technically: Elector could change mind for someone else b/c

nothing in writing.□ State Law - have own methods to pick electors□ 538 electors - need 270 majority; 435 – represent H of R;

100 – represent Senate; 3 – represent District of Columbia - 23rd Amendment

□ A majority of 270 votes required to elect President & Vice President

□ 12th Amendment = Separated the electors vote to 2 votes: 1-President and 1 –Vice President.

□ President election to be decided by H of R if does not receive majority vote from electors.

□ Except for MAINE and NEBRASKA = District Plan□ 2 electors chosen from State, others picked in each state

congressional district

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□ If no Presidential candidate wins MAJORITY of ELECTORAL VOTES□ House selects President by MAJORITY VOTE choosing from

TOP 3 candidates who received the greatest number of votes.□ Vote would be taken BY STATE; Each STATE delegation

having one vote□ (If state can’t decide - don’t vote) □ Constitution requires that a majority of 26 votes (states)

cast□ (Twice vote taken to the H of R in 1800 and 1824)□ If fails to choose President on Jan 20 , 20th Amendment

provides newly elected VP to act as President□ No VP or President===> Speaker of the House□ If NO Vice President wins MAJORITY VOTE by electoral

college.□ Senate select VP by majority vote. □ Each Senator choosing from highest 2 candidates who

received greatest number of votes.□ Each Senator has one vote. (Senate has not chosen a VP

since 1836)

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□ January 6 to conduct OFFICIAL TALLY of votes□ Congress meets Joint Session in H of R□ Congress has Vice President, presiding officer and 2 Tellers

appointed to OPEN , PRESENT, and RECORD votes of States in Alphabetical order.

□ The new president and vice president are sworn in at NOON on January 20.

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Pro the Electoral College1. The electoral system is a unifying force that requires

candidates to gather support from different regions of the nation in order to win the presidency.

President nominees are inclined to select VP running mate from a different region.2. The electoral system is democratic since it gives states

with larger populations more voting power.

EC enhances status of minority groups. Minority groups can make a difference in winner take all. Minority groups happen to concentrate in states with large electoral votes. Same applies to special interest groups, labor unions, farmers, environmentalists, etc.

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Pro the Electoral College3. The electoral system works to prevent victories by smaller

lesser- known political parties (3rd parties), and works to prevent elections from being thrown into the House of Representatives.

4. The Electoral College maintains a federal system of government and

representation. Important political powers are RESERVED to the states. H of R designed to represent the population; Senate designed to represent equally, regardless of population.

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□ Cons (Against) for the Electoral College□ 1. The “Winner Take All” system means that a candidate

can win the election by gathering the majority of electoral votes while losing the popular vote. Person who receives the most popular votes can lose the election.

□ 2. There is nothing that mandates that the Electors have to be faithful to their party’s candidate, so Electors are not bound to the candidate for which the majority of citizens in their state voted.

□ Several states have laws to force you to vote for your party but no one has enforced it

□ Faithless elector have changed their vote in 1796, 1820, 1948, 1956, 1960, 1968, 1972, 1976, 1988 could end up with 269/269 straight to Congress.

□ WVA elector voted for Lloyd Benson - Pres and Dukakis for VP□ 1968 - George Wallace - 46 Elector votes, Humphrey - 191 votes,

Nixon - 301□ 3. House of Representatives could decide the

presidency□ 4. The Electoral system gives the largest states more

political power.

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□ Reforms

1. DISTRICT PLAN - Maine/Nebraska□ 2 Chosen by each state by Statewide population vote and cast their electoral

votes in line with the candidate winning the most districts statewide popular vote would result in receiving the two statewide electoral votes.

□ Others elected in each congressional district□ The candidate that wins the most Votes by population vote in their district will

get the electoral votes

□ WOULD RID OF WINNER TAKE ALL

□ Problem: Would not eliminate possibility that loser of popular vote could win

□ (Gerrymandering - drawing congressional lines to benefit responsibility of votes )- pg. 138, 242; might be used

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2. PROPORTIONAL PLAN□ Candidate receives same share of Electoral College votes

as popular vote□ Candidate won 40% in state with 20 electoral votes would

get 8 EC votesProblem: □ Small states over weighted by 2 senators based electors□ Would make it possible for the loser of popular vote to win in EC□ Critics worry about 2 party system□ Increase in the number of third parties

□ No longer need to win entire state to get electoral votes□ the odds of the election to go to H or R would increase

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3. DIRECT POPULAR VOTE3 vetoes in amendment process: 1969, 1970, 1979□ Several obstacles for this to happen:

1. Constitutional amendment process difficult.2. Smaller states greatly over represented in EC. They would lose advantage in direct election so representatives would

oppose a direct election.3. Weaken federalism - states would lose their role

in choice of a president Campaigning would be strenuous and financing would be huge, and time consuming and unmanageable4. Other say is would cause voting fraud.

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4. NATIONAL BONUS PLAN□ 102 Electoral Votes would go Automatically to

winner of popular vote□ If added to majority at least 321 WINNER

□ If they did not add up to this amount then a RUNOFF ELECTION between the 2 front runners in the popular vote would then be held.

□ If would do away with the electors and that their plan would guarantee that the winner of the popular vote would always be the winner of the electoral vote.