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CALIFORNIA AND NEW YORK DECIDE ARGUMENT/VOTER FRAUD ARGUMENT

Minimum required popular vote to win electoral college: 22% (NPR, CGP Grey Video)

Total of top ten city populations: 21 million people (ballotpedia)

Total # of votes cast in 2016: 135 million (270 to win)

Total number of voter fraud convictions in ten years: 86 from Bush’s Justice Department (NYT)

Total electoral vote from swing states: 18 (Ohio) 29 (Florida) 20 (Pen) 13 (Virginia) 9 (Colorado) 5 (New Mex) 6 (Nevada) 6

(Iowa) 10 (Wisc) 15 (North Car) TOTAL = 131 electoral votes. About 1/4th the total vote and ½ the required votes to win.

Total population of 100 largest cities according to Ballotpedia: 61 million, or 20% of nation’s population.

“Richard L. Hasen, an expert in election law at the Loyola Law School, agreed, saying: “If they found a single case of a conspiracy

to affect the outcome of a Congressional election or a statewide election, that would be significant. But what we see is isolated,

small-scale activities that often have not shown any kind of criminal intent.”(NYT)

Wyoming - 143,000 per electoral votes. California - 500,000 people for each electoral vote.”

https://ballotpedia.org/Largest_cities_in_the_United_States_by_population

https://www.npr.org/2016/11/02/500112248/how-to-win-the-presidency-with-27-percent-of-the-popular-vote

https://www.youtube.com/watch?v=7wC42HgLA4k

https://www.270towin.com/2016_Election/

https://www.nytimes.com/2007/04/12/washington/12fraud.html

http://www.slate.com/articles/news_and_politics/map_of_the_week/2012/11/presidential_election_a_map_showing_the_vot

e_power_of_all_50_states.html
FOUNDING FATHERS ARGUMENT

“The original plan of the Electoral College was based upon several assumptions and anticipations of the Framers of the

Constitution:[28]

Individual electors would be elected by citizens on a district-by-district basis. (Hamilton objected so intensely to a general ticket

system that he drafted an amendment to the Constitution to rectify states using a general ticket system – See source

“archives.gov”)

Each presidential elector would exercise independent judgment when voting.

Candidates would not pair together on the same ticket with assumed placements toward each office of president and vice

president. (Fixed by 12th Amendment – LSP)

The system as designed would rarely produce a winner, thus sending the election to Congress.”

“When James Madison and Hamilton, two of the most important architects of the Electoral College, saw this strategy being

taken by some states, they protested strongly. Madison and Hamilton both made it clear this approach violated the spirit of the

Constitution. According to Hamilton, the selection of the president should be "made by men most capable of analyzing the

qualities adapted to the station [of president]."[30] According to Hamilton, the electors were to analyze the list of potential

presidents and select the best one. He also used the term "deliberate." Hamilton considered a pre-pledged elector to violate

the spirit of Article II of the Constitution insofar as such electors could make no "analysis" or "deliberate" concerning the

candidates. Madison agreed entirely, saying that when the Constitution was written, all of its authors assumed individual

electors would be elected in their districts and it was inconceivable a "general ticket" of electors dictated by a state would

supplant the concept.”

“In 1789, at-large popular vote, the winner-take-all method, began with Pennsylvania and Maryland; Virginia and Delaware

used a district plan by popular vote, and in the five other states participating in the election (Connecticut, Georgia, Maryland,

New Hampshire New Jersey and South Carolina),[36] state legislatures chose.”

https://en.wikipedia.org/wiki/Electoral_College_(United_States)#Original_plan

https://founders.archives.gov/documents/Hamilton/01-25-02-0289

The Founders were not of one mind on this. They favored a district-by-district basis of appointing electors, but simultaneously

allowed for states to “choose the manner, time, and place in which electors were chosen.” They contradicted themselves.
right to vote (we’re not a democracy argument)

15th Amendment: The right of citizens of the United States to vote shall not be denied or abridged by the United States or by

any State on account of race, color, or previous condition of servitude.

17th Amendment: The Senate of the United States shall be composed of two Senators from each State, elected by the people

thereof, for six years

19th Amendment: The right of citizens of the United States to vote shall not be denied or abridged by the United States or by

any State on account of sex.

24th Amendment: The right of citizens of the United States to vote in any primary or other election for President or Vice

President, for electors for President or Vice President, or for Senator or Representative in Congress, shall not be denied or

abridged by the United States or any State by reason of failure to pay any poll tax or other tax.

“How then can one person be given twice or 10 times the voting power of another person in a statewide

election merely because he lives in a rural area, or because he lives in the smallest rural county? Once the

geographical unit for which a representative is to be chosen is designated, all who participate in the election are to

have an equal vote -- whatever their race, whatever their sex, whatever their occupation, whatever their income, and

wherever their home may be in that geographical unit... The conception of political equality from the Declaration of

Independence, to Lincoln's Gettysburg Address, to the Fifteenth, Seventeenth, and Nineteenth Amendments can

mean only one thing-one person, one vote.” -- Justice William Douglass, Gray v. Sanders

https://supreme.justia.com/cases/federal/us/372/368/case.html
GIVES STATES A VOICE ARGUMENT

“All Categories of States Lose Out, But Small States the Most

Some suggest the current state-by-state, winner-take-all Electoral College system means candidates spend more attention on

smaller states, but our data shows that this is generally not true.”

“But while everyone gets to vote for president, fewer and fewer Americans cast a meaningful ballot. They are trapped in a

spectator state – one that sits on the sidelines while record amounts of money and attention are showered on neighbors in

contested states, the so-called battleground states.”

“These maps show the amount of attention given to each state by the Bush and Kerry campaigns during the final five

weeks of the 2004 election. At the top, each waving hand represents a visit from a presidential or vice presidential

candidate during the final five weeks. At the bottom, each dollar sign represents one million dollars spent on TV

advertising by the campaigns during the same time period.”

Source: http://archive.fairvote.org/media/research/who_picks_president.pdf
THE FOUNDERS DIDN’T TRUST DIRECT DEMOCRACY ARGUMENT

“A third idea was to have the president elected by a direct popular vote. Direct election was rejected not because the Framers

of the Constitution doubted public intelligence but rather because they feared that without sufficient information about

candidates from outside their State, people would naturally vote for a "favorite son" from their own State or region. At

worst, no president would emerge with a popular majority sufficient to govern the whole country. At best, the choice of

president would always be decided by the largest, most populous States with little regard for the smaller ones.”

The convolution of the system by which electors vote (a vote for President, and a vote for Vice-President) has led to

unique conundrums historically, such as when Horace Greeley died after the election in November but before the election in

December. Since the vote for the Vice President was necessarily separate, had the electors opted to vote Greeley instead of

Grant, conceivably the Vice President would have been decided by the Senate because having a President and a Vice

President from separate parties isn’t supposed to happen. Under a popular vote system, this issue would be non-existent. If

the popularly elected President dies after the election, the Vice President assumes the Presidency. Easy. (LSP)

Source: American Enterprise Institute for Public Policy Research. Proposals for Revision of the Electoral College System.

Washington: 1969. (Jstor source – not found online)

The Founding Fathers never decided how presidential electors should be chosen. Instead, they left the matter to the states. •

The Founding Fathers expected that the Electoral College would be a deliberative body. However, presidential electors became

a rubberstamp for the candidates nominated by their parties by the time of the nation’s first competitive presidential election

in 1796. 28 U.S. Constitution. Article II, section 1, clause 2. 366 | Chapter 9 • The Electoral College further deviated from the

Founders’ vision when state winner-take-all statutes became prevalent (long after the Founders were dead). • The winner-take-

all method of awarding electoral votes was not debated (much less voted upon or adopted) at the 1787 Constitutional

Convention. • The winner-take-all rule is not mentioned in the Federalist Papers. • The winner-take-all method was not the

choice of the Founders and was, in fact, used by only three states in the nation’s first presidential election in 1789 (all of which

abandoned it by 1800). • The electoral system that we have today was not designed, anticipated, or favored by the Founding

Fathers. Instead, it is the result of decades of evolutionary change driven primarily by the emergence of political parties and

the desire of each state’s ruling party not to give any of the state’s electoral votes to the minority party.

http://www.every-vote-equal.com/sites/default/files/eve-4th-ed-ch9-web-v1.pdf (Every Vote Equal 4th ed. Ch. 9, pg. 365)

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