SAN ANTONIO, Texas — A coalition of activists and attorneys is suing Texas and three other states over their "winner-take-all" system of allocating Electoral College votes. The goal is to overturn a practice that they claim disenfranchises any voter who does not cast his or her ballot for the winning party.
Luis Vera, general counsel for the League of United Latin American Citizens, said the winner-take-all system allows a candidate to gain the presidency despite losing the nationwide popular vote.
"So, in Texas, which we sued, Donald Trump received 52 percent of the popular vote, just a little over half. Yet he took all 38 electoral votes - 100 percent - because we're winner-take-all,” Vera said. “How is that, anywhere, even fair?"
In 2016, Trump, a Republican, won the presidency in the Electoral College even though Democrat Hillary Clinton received 3 million more votes. Vera said the coalition also sued traditionally "blue" states California and Massachusetts, along with "red" state South Carolina.
By late last week, none of the states had issued a public response to the lawsuits.
Only two states, Maine and Nebraska, apportion electors based on the popular vote. Vera said the system violates the rights of Latino, black and other minority voters under the U.S. Voting Rights Act.
"It dilutes our voting power because it lessens the vote much more than the white Anglo,” he said; “because we're always going to be the minority and we're never going to be able to take the vote as we choose - that is, to elect our chosen candidate by ourselves."
A constitutional amendment is the only way to substantially change the Electoral College, which Vera said, given the country's political divide, might be impossible.
"This case will ultimately be decided by the U.S. Supreme Court,” he said. “And we want the Supreme Court to declare that the states need to come up with a system that more reflects the popular vote and not violate 'one person one vote,' right of association and the Voting Rights Act."
Vera said whatever the outcome in the lower courts, the cases should make their way through appeals to the Supreme Court, a process that could take many years to play out.
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North Dakota's June 11 primary is inching closer and those running for legislative seats are trying to win over voters, including Native American candidates who are part of a movement energized by newly drawn political boundaries.
The organization North Dakota Native Vote said there are seven candidates with Indigenous roots seeking spots in the Legislature. Most are running in District 9, which was recently updated to reflect representation needs for two Native American tribes.
Natasha Gourd, a board member of North Dakota Native Vote, described them as a good mixture of candidates coming from both reservations in the area, with some running as Democrats and others as Republicans.
"We've seen an upturn in participation and just getting leadership development through Native candidates," Gourd observed.
The election wave comes after the state saw 10 Native candidates in legislative races two years ago. For her group, Gourd acknowledged the boost can be tricky because they cannot endorse everyone running. But she noted having greater assurances the areas will be represented by people from their community -- no matter if they have a different stance on certain issues -- is still a positive.
Gourd added trying to build on the momentum is also important for off-reservation districts.
"What they do at the state level, regardless of Native American people in North Dakota (being part of) federally recognized tribes, it does affect us," Gourd pointed out. "Most Natives in North Dakota do live off the reservation, so it does affect our populations."
Gourd stressed they need more Native voices at the state level speaking out about priorities within education, the housing crisis, energy issues and health care. She hopes the positive trends they're seeing inspire more civic participation among other racial and ethnic groups trying to get a seat at the policy table in North Dakota.
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A new poll finds a near 20-year low in the number of voters who say they have a high interest in the 2024 election, with a majority saying they hold negative views of both President Joe Biden and former President Donald Trump. A group of Arizona elections officials and experts recently gathered to discuss the growing discontent with the state's current electoral landscape.
Stephen Richer, Maricopa County Recorder, said that if politicians are what he calls "single-minded seekers of re-election," he contends the state should change the political incentive structure.
"And if those incentives will change, then maybe we will be talking about more things in the Arizona Voter's Agenda and less things that are currently right now incentivized by what I still believe to be a minority, but a very passionate, very loud, and a minority that is definitely committed to acting on those issues," he said.
Richer added it is important to remember that despite Independent and unaffiliated voters being able to participate in the July 30th statewide primary, they were excluded from the state's March Presidential Preference Election, and that has caught the eye of some in the state. The bipartisan group Make Elections Fair Arizona is pushing for open primaries, but proponents of closed primaries believe they're crucial to maintaining the integrity of party ideals.
Amanda Burke, executive vice president with the non-partisan, nonprofit organization Center for the Future of Arizona, said more than half of unaffiliated voters do not feel they have leaders or candidates running who speak to the issues and causes they care about. She contends that then translates to who decides to show up at the ballot box and vote, and encourages Arizonans to imagine a different primary system if they want different outcomes.
"Otherwise we are going to continue to have some more outcomes in terms of people who are incentivized to speak to a small percentage of their base on either side who are really not representative of the larger views," she explained.
The Grand Canyon State allows voter-initiated amendments to the state constitution, but the Arizona Require Partisan Primary Elections Amendment would add the state's current primary practice to the state constitution, prohibiting future changes without another constitutional amendment. Make Elections Fair Arizona is still collecting signatures to get its measure on the November ballot.
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Wisconsin women have made progress in closing gaps when it comes to being elected to public office.
But some voices worry the movement might slow down as candidates see increasing levels of threats and harassment.
The Brennan Center for Justice recently issued findings that detail the threatening behavior those in the political arena are experiencing now.
Women were three to four times as likely as men to experience abuse targeting their gender.
Erin Vilardi, CEO and founder of the advocacy and assistance group Vote Run Lead, said this creates more unfairness in areas such as resource planning for a campaign.
"We see women candidates and incumbents right now having to pay for security," said Vilardi, "having to put in their budgets, in their campaign funds, in their line-items for their campaigns a security detail."
And Vilardi said because of the worsening climate, the threats are extending to almost all other candidates, including conservative white men.
She and other researchers called on party leaders to strongly condemn political violence. They also recommend that each state implement stronger protection for officeholders.
Vilardi said it's not just women candidates and incumbents having to deal with this behavior. Women working as top aides and political journalists are subject to more hateful rhetoric these days.
"This is something that permeates women in politics," said Vilardi, "not just for the folks that are stepping up to lead but for the ecosystem of women around them."
And if more women decide not to run or seek re-election as a result, Vilardi said this means there will be fewer opportunities for gender equality in leadership positions in state legislatures and Congress.
She urged constituents to send messages of support to women officeholders as they weigh these challenges and their political futures.
Support for this reporting was provided by the Carnegie Corporation of New York.
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