The End of the Electoral College?

[Conkle, Daniel O.]

On the other hand, imagine the 2000 election without the electoral
college, or imagine--it's not too hard to do!--a virtually 50-50 split
in the 2004 popular vote.  The electoral college at least focused the
post-2000 recounts and litigation in a single state.  Without the
electoral college, would we not be inviting recounts and lawsuits
nationwide, in an attempt by partisans on both sides to pick up votes
wherever they could, even in relatively small numbers?  Or am I
mistaken?  Is the popular vote outcome more likely to be definitive even
in a close election?
Dan Conkle 
************************************** 
Daniel O. Conkle 
Professor of Law 
Indiana University School of Law 
Bloomington, Indiana  47405 
(812) 855-4331 
fax (812) 855-0555 
e-mail conkle at indiana.edu 
************************************** 

P.S.  Apologies if this is a duplicate posting.  I think I made an error
in sending it a little while ago.

	-----Original Message-----
	From: conlawprof-bounces at lists.ucla.edu
[mailto:conlawprof-bounces at lists.ucla.edu] On Behalf Of Michael Zimmer
	Sent: Friday, October 15, 2004 9:42 AM
	To: RJLipkin at aol.com
	Cc: CONLAWPROF at lists.ucla.edu
	Subject: Re: The End of the Electoral College?
	
	
	
	Yes, the Electoral College system should be changed and the
effort should not be partisan. We have moved toward broader democracy
and it is long past time to give the American people the right to vote
for President.  We would be much further along on doing this if the
Supreme Court had not cut off the way the Constitution envisioned the
selection of the President to work.  Assuming the Florida courts decided
that Gore won, so Gore's electors were sent to Washington and assume
that the Florida legislature had voted to sent Bush's electors, everyone
would concretely have realized that we do not have the right to vote for
the President, even though we do in all the states. I think the
Electoral College system would not survive the dawning of that reality.
	


	Michael J. Zimmer
	Professor of Law
	Seton Hall Law School
	One Newark Center
	Newark, NJ 07102
	973.642.8833
	973.642.8194 fax
	

	-----conlawprof-bounces at lists.ucla.edu wrote: -----
	
	To: CONLAWPROF at lists.ucla.edu
	From: RJLipkin at aol.com
	Sent by: conlawprof-bounces at lists.ucla.edu
	Date: 10/15/2004 09:00AM
	Subject: The End of the Electoral College?
	
	
	
	        Would (should) there be a  partisan attempt to eliminate
the Electoral College were Senator Kerry to win  the presidency, but
lose the popular vote?  Would it be successful?
	 
	Bobby
	
	
	Robert Justin Lipkin
	Professor of Law
	Widener  University School of Law
	Delaware
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