Proposed Constitutional Election Amendment

[Greg Sisk]

Let me propose something pretty much off the top of my head, but that
strikes me as a worthwhile idea for consideration:  As long as we're
going about amending the Constitution and as long as we're
contemplating the possibility (perhaps even the regularity) of
run-off elections for president, why not preserve the electoral
college together with a popular vote requirement in a hybrid approach.

My suggestion is this:  For a candidate for president to win in the
first round of balloting and avoid a run-off, he or she must both win
the popular vote (either a plurality or a majority, we can separately
debate which) *and* a majority in the electoral college.  If no
candidate wins both the popular vote and the electoral college, a
second round of voting would be held between the top two candidates
in the electoral college, with the winner of the popular vote in that
run-off being elected president.

The beauty of this proposal, or so I see it, is that it maintains the
electoral influence of the smaller states whose support would be
necessary to successful ratification of an amendment and it ensures
that candidates strive for cross-regional appeal so that they can
achieve not only a popular vote win but also the necessary electoral
college majority to avoid a run-off.  While thus preserving the
primary force of the electoral college in round one, the provision
for a direct election run-off would ensure that the ultimate winner
has full democratic legitimacy.

--
Gregory Sisk
Richard M. & Anita Calkins
   Distinguished Professor
Drake University Law School
2507 University Avenue
Des Moines, Iowa  50311-4505
515-271-4184
greg.sisk at drake.edu