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California GOP Front Group: We'll Definitely Get Electoral Vote Measure On Ballot

California Counts, the Republican-led group gathering signatures for an initiative to split California's electoral votes by Congressional district, now say they are confident they'll get enough to be on the ballot.

If this initiative were to pass, it would be an enormous gift to the GOP in 2008. It could award the Republicans roughly 20 electoral votes — which would be as good as winning Ohio, and potentially swing the presidency to the Republicans in a close race.

"We're on a good pace," said Dave Gilliard, campaign manager for the group, speaking to CQ, claiming that they already have over 400,000 signatures. They need a total of 433,971 valid signatures, and are aiming as high as 700,000 in order to have room for error.

Meanwhile, opponents of the measure have asked the Los Angeles City Attorney to investigate reports that signature gatherers have been using food to buy the signatures of homeless people.


35 Comments

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They've also apparently been getting signatures by putting several petitions together in a bundle, with something innocent on top, then saying 'you need to sign n times', so the signer does it *without knowing what they're signing*. They do this particularly on college campuses (inexperienced voters) and at shopping centers (people in a hurry).

Fraudulent signature gathering, anyone? To add to all their other illegal and imoral activities?

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These stupid petitions have ruined california and make the state terribly difficult, if not impossible, to govern. That being said, if this petition gets passed, congress should immediately make this method of counting electoral votes nationwide prior to the 08 election. If that is the case the election will be over after the dem nominee is selected due to the head counts in the house and senate. I really, really hate the republican manipulators. What ever happened to our democracy and people's votes actually counting?

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Another neat trick by tricky Republicans. Are other states going to do the same thing ? Of course not.

The ad campaign promoting this initiative will be utterly misleading of course: fake-sincere, with fake-real people and fake-reasonable-sounding voice-overs.

Stalin laughed at democracy, and we find the Republicans laughing along with him.

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Any polling recently on how this ballot initiative would fair if the election were today?

I'm nervous people won't understand why it's such a bad idea.

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I think the latest poll showed it winning, but had less than 50%. It won't pass, but we'll have to spend money and waste time trying to defeat this bill.

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Get rid of the electoral college entirely. It's an anachronism that's long outlived its usefulness.

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How about Dems funding another initiative to insist that if said measure was passed it would only be applicable if all 50 states went along with it.

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2008 Presidential Election
http://www.votenic.com
The Only Poll That Matters
Results Posted Tuesday Evening

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jjchange, that's an excellent idea.

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I am afraid that it will pass. After all the electoral college is a total anachronism and what reasonable person could oppose 'reforming' this problem. Though Californians vote heavily Democratic they are not that partisan on the initiatives. To win the Democrats are going to have to put in huge amounts of money.

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Well then, I guess the good news it that Democrats do seem to have more money to spend than Republicans lately.

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I think they will get on the ballot by telling people they are getting rid of the electoral college in California. I would vote for it if it did. But it doesn't. It turns California into a lot of little jerrymandered states.

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So let's say the Republican does in fact win the general election because California is skewed in this way. I'm afraid that that may just be enough to start a kind of serious internal conflict in the country, especially following the last electoral fiascoes.

How irresponsible can these people be?

There needs to be a nation-wide campaign against this madness.

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The Repugs don't stand a chance in an honest election. There needs to be a nation-wide campaign to get one. And expose this jerrymandered electoral college plan.

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Well,if.this.does.pass.and.it.results.in.20.or.so.electoral.votes.going.to.a.Republican.prez.nominee.and.they.WIN.then.the.state.legislature.should,after.the.next.census(2010).slant.every.congressional.district.so.they.lean.heavily.democratic...Yes,and.that.would.be.fair.and.legal,as.the.Supreme.court.ruled.in.Texas.favor.with.their.redistricting.shenanigans.in.2003...hey.if.CA.republicans.dont.care.to.win.elections.the.fair.way.then.fight.fire.with.fire.after.the.census.by.redistricting.heavily.toward.the.Dems...simple.as.that...

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If this thing passes we are done as a free country. You heard it here first.

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a smart dem will push a competing ballot initiative that apportions california electoral votes by percentage of population--i.e. it is fairer than the district approach which would disenfranchise more than it would enfranchise and force republicans to argue against both ends of the scale, or cal could try to run the npv gauntlet again. if you live in cali call your state senator to sponsor legislation, they could work on it over the recess.

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"a smart dem"

Ah, there's your problem right there...

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I thought this had been abandoned. Did it turn into a stealth thing?

One more proof that Republicans are traitors. They put their party ahead of their country.

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This is most likely one of those distraction issues, forcing the Democrats time and money to defeat.

First, it's already lost a lot of its initial support once a larger part of the electorate understood what it really means.

Second, it's clearly unconstitutional, violating Article II, Section 1, which states that electors shall be appointed by states "in such manner as the Legislature thereof may direct." The Supreme Court has been clear and consistent that in the Constitution "legislature" means "legislature" and that citizen initiatives do not qualify in this regard. More here">here">http://www.slate.com/id/2173740">here.

That said, it'll still take time and money to defeat if it qualifies for the ballot.

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"in such manner" is clearly defined in Article II of the California constitution. One such "Manner" being by referendum which is a legislative responsibilities delegated to the people by the legislature.

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We have to many anarchists and incompetents in government. California needs to flush the toilet. No, matter your political party affiliation, and setting aside your thoughts on issues. We all need to remember what it is to be an American Citizen. We need to make sure our elected representatives obey their Oath of Office and keep their Oath of Allegiance. See http://tinyurl.com/2znnvl Know whom you are voting for.

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SantaClaus seems to think that since the Democrats tried it North Carolina, it must be OK. WRONG. We're not all a bunch of party-before-country sheep here, pal.

That Slate article makes me feel a little better, but SC's argument above that the CA legislature determined that certain things, such as electoral vote apportionment, are to be decided by ballot initiative, therefore they are in effect decided by the legislature, is one I would expect to see advanced, and I think it has a better chance of succeding than some of us would like to think. Somehow I just don't have the confidence in the rightness of the Supreme Court's decisions that I used to. I can't put my finger on why ...

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Darryl Issa needs to be unelected. He was fundamentally responsible for the recall of Gray Davis here in California, and here he goes again with this. He has also been involved in the Carol Lam firing, and is in general a pretty disgusting and nasty Republican politician. Again, he behind the resurrection of this petition drive to divide California's electoral votes. I hope with the election next year, his constituents decide they have had enough of him.

Why do Republicans want to shred the Constitution of the United States? To win. Money. Greed. Nothing evolved or for the higher good. Our country sits at the precipice.

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Randy Gold wrote: "it's clearly unconstitutional, violating Article II, Section 1, which states that electors shall be appointed by states "in such manner as the Legislature thereof may direct." The Supreme Court has been clear and consistent that in the Constitution "legislature" means "legislature"

In response, SantaClaus wrote:
"in such manner" is clearly defined in Article II of the California constitution. One such "Manner" being by referendum which is a legislative responsibilities delegated to the people by the legislature.

-- They're both right when it comes to what "legislature" and "in such manner" mean respectively. The third piece of the puzzle is "may direct". In the language of the Constitution the word "shall" is used in cases where the document ASSIGNS RESPONSIBILITY to a specific group to do something; the word "may" is used where the document GIVES PERMISSION for a specific group to do something.

Article II, Section 1 says, "Each State shall appoint," [the responsibility is assigned to the State] "in such Manner as the Legislature thereof may direct," [SantaClaus defined "manner"; Randy Gold defined "Legislature"; "may direct" gives the Legislature permission to direct the MANNER by which...] "a Number of Electors," [are appointed].

"State" and "Legislature" are NOT synonymous. The "state" refers to both the people of the state -- or at least all of its qualified voters -- as a collective entity (a concept all of you left-leaning types on this blog should recognize) AND, in the abstract, to each portion of the republic given separate representation in Congress.

In short, the federal government, through its instrument The Constitution is telling each state, "By whatever means your legislature allows, you must appoint a number of electors". Randy Gold's argument was brought up by several others in response to a previous TPM article about this referendum, but it's totally bogus!

The language, "in such Manner as the Legislature thereof may direct" is completely unnecessary IF the real meaning is supposed to be "Each state legislature shall appoint a number of electors". The framers could have written it that way, like they did in Article I, Section 3 (later superseded by the 17th Amendment): "The Senate of the United States shall be composed of two Senators from each State, chosen by the Legislature thereof". Guess how the amendment reads ... "The Senate of the United States shall be composed of two Senators from each State, elected by the people thereof". No discussion of "manner"; just the assignment of responsibility to the people to elect Senators, as the original version assigned responsibility to the legislature.

ALSO in the 17th Amendment is this clause: "When vacancies happen in the representation of any State in the Senate, the executive authority of such State shall issue writs of election to fill such vacancies: Provided, the legislature of any State may empower the executive thereof to make temporary appointments until the people fill the vacancies by election as the legislature may direct."

So, when a Senator leaves early (whether by death, disability, dismissal or disgrace) the Governor of that state is assigned the responsibility of calling an election -- which the legislature has permission to direct -- in order to choose a replacement. In the meantime, if the state legislature so chooses, it has permission to give the Governor the authority to appoint a temporary replacement.

BTW, the Supreme Court cases involving the definition of "Legislature" usually involve challenges to Article V, regarding the method of amending the Constitution.

Bottom line: Sorry, Mr. Gold & others; the referendum, if passed, IS constitutional.

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California voters has an unique opportunity to
to change the future of California politics
It is called the Electoral College Reform Initiative.
ElectoralReformCalifornia.com is the website.
The voters from each Congressional District will
select a local elector that they know to represent their viewpoints.
A total of fifty three local electors will represent fifty three
congressional districts that will better reflect local views.
Today the system is Broken!
Right now a presidential candidate who wins in Los Angeles
County gets all 55 state wide electoral votes.
This is not democratic and is not fair.
In 1992, 1996, 2000 and 2004 national candidates
did not campaign in California. They ignored us.
Yet California has 10% of the nation's electors.
They treated us like an "ATM". They took our money and disappeared.
Today, voter apathy is prevalent. People don’t care.
Why? Because California voters do not believe their vote counts.
In 1920 women finally won the right to vote.
In 1965 the Voting Rights Act helped to reduce obstacles preventing minorities from exercising their right to vote.
In 2008 we also want our vote to count. In 2004 5.5 million votes were wasted.
How will the initiative affect California?
The entire voice of California will be heard from the suburbs to small towns and rural areas - not just the voice emanating from the Los Angeles area.
Campaign money will be spent in California up to 100 million dollars.
California will become competitive again.
We will meet the candidates in person. The candidates will travel to California to share ideas and listen to California comments. It will help stamp out corruption making voter fraud impossible. It will virtually eliminate the possibility of California having a repeat of the debacle in Florida.
The social impact will mean less bitterness and will result in more social and political stability.
The opposition has no arguments against the initiative. However, they are back
As con artist using glittering generalities to discourage support. Words that they use are poisonous, dirty tricks, stealing, traitors, crooks, goons, on and on. All BS!

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Tony is right, but this should be a nationwide law, the constitution needs to be changed to apply this all over the country.
The way this law would be applied is a way for the gop to cheat.Under this law a democrat could win the popular vote by millions and lose the presidency. It would be very bad for the country.

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joel wrote: "this should be a nationwide law, the constitution needs to be changed to apply this all over the country."

-- He's right, in that the only way to ensure that it becomes the law of the land would be to CHANGE the law of the land ... something that should not be engaged in lightly, especially as this particular change would take away one of the rights reserved or (as in this case) delegated to the states. Why are some people so ready and willing to give up these rights?

What else are we going to make the same across all 50 states? Should we start by telling Pennsylvania, Virginia, Kentucky and Massachusetts that they have to stop calling themselves "commonwealth"? Do we need to order Nebraska to make its legislature bicameral, so that it matches the two-house system used by every other state and the US Congress?

If this referendum fails, should the next thing we do be to force Maine and Nebraska (which already do things the way the CA referendum proposes) to start choosing electors the same way the other 48 states do? In other words, should the Constitution be changed REGARDLESS of the outcome in the California vote?

OR, is all of this talk of "if the referendum passes make it apply to all 50 states" just based on estimations of how red or blue each state would be as a result, and is only tangentially related to making the system more representative of the people?

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Tony is full of shit. The winner take all system is perfectly democratic and fair, and the California dirty trick initiative would not change California politics - it would change national politics, making it possible for the Republicans to win national elections with a minority of the vote in perpetuity - something that Kansas and Maine can't do. We will end up with one-party government and we will lose our freedom. That's what guys like Tony and Icy Truth (and Giuliani, and the Republican party) want.

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Let's see; the two points I made in my previous posts were: 1) The California referendum does not violate the US Constitution; and, 2) Making this method mandatory for all 50 states is a bad idea, because that would take away one of the rights reserved for the states by the Constitution.

I'm not looking for one-party rule, I don't live in California, and I didn't endorse the referendum. The meanings behind my screen name are: Icy (cold, hard) Truth; I-See-Truth; and, I.C. (Independent Conservative) Truth. I wrote that long post about the constitutionality of the referendum because I'm for honest debate, regardless of which side I'm on.

Even though my politics are conservative, the last thing I would want is for a party I can't quite bring myself to join (despite sharing many of their values) to become all-powerfully dominant.

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No problem, let's register another million voters and kick them where it hurts, in Nov. 2008.

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So, Icy Truth joins the long list of conservatives arguing for rank, unearned partisan advantage as part of a Platonic search for truth and honest debate. How precious.

A blithe, but lengthy, argument for the constitutionality of a thing constitutes support for that thing; and if debate is to be honest, then he who argues for a thing ougt to take responsibility for its likely consequences - or have them hung around his neck.

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2008 Presidential Candidate Weekly Poll

www.votenic.com

The Only Poll That Matters.
Results Posted Weekly Tuesday Night at Midnight.

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FreakyBeaky wrote: "A blithe, but lengthy, argument for the constitutionality of a thing constitutes support for that thing"

-- Hmmm ... so, anyone who argues "capital punishment is constitutional but I'm personally against it" is being disingenuous?

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