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US Presidential Election: What California law would need to change for California to cast its electoral votes according to the popular vote instead of the current "winner takes all" practice?

  • Constitutionally, the state has complete control of how the electoral votes are cast.  In the spirit of the US constitution, each elector is supposed to represent a segment of the population. However (apparently for historic reasons), currently all the electoral votes are giving the to candidate for whom majority have voted.  The current 6901-9 law is not specific on this subject how the votes should be cast.  55 CA electoral votes represent 38M of CA population, or 700K people to each elector.  In the 2012 presidential election, voting according to the popular vote would result in 33 votes to Obama and 22 votes to Romney.  22 electoral votes is as much as Main, Wisconsin, Vermont and Massachusetts have altogether.  Should the average Vermont resident have 4x the change of influencing the US Presidential election as an average California resident?  In practice, "winner takes all" policies results in candidates focusing most of their attention (and policy decisions) on "swing" states - to the detriment of the states with clear majority leaning towards one party.

  • Answer:

    It's actually kind of complicated, and it varies by party. In theory, the parties could do it separately, under sections 7100 and 7300. In practice, I'd also recommend amending Newton's Laws of Motion and the Laws of Thermodynamics, which are approximately as likely.

Joshua Engel at Quora Visit the source

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It will not happen!   This issue should not even be asked relative to California exclusively. This is a kind of issue 'push' question.  It presents a non issue in a seemingly objective way to push an idea beneficial to the GOP.  It is part of standard GOP strategy TO CHANGE THE RULES TO THEIR BENEFIT! The Democratic Party controls this state because Californians increasingly despise the GOP!  This may be the opposite of Texas and other states and it is highly undesirable but Democrats will not change any aspect of the electoral college system for the benefit of the GOP.  The most OBVIOUS  electoral college problem and imbalance in representation in Congressional  representation is over-representation of small states. (Electoral college representation is the same as Congressional seats.)  The Senate should be reapportioned to give the largest states 3 seats and the smallest states 1 seat....if you believe in democracy!

David J Gill

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