The End of the Electoral College?

Chambers, Henry hchamber at
Fri Oct 15 08:43:21 PDT 2004

Eliminating the Electoral College would get really fun really fast, at
least for some of us.  Question:  if we eliminated the Electoral College
and went to a popular vote, would we need a national law on voter
eligibility for presidential elections or could each state determine for
itself who could vote in presidential elections?  On a more concrete
level, would each state be required to treat the issue of felon
disfranchisement in the same way for presidential election purposes? 




Henry L. Chambers, Jr., Professor of Law 
University of Richmond 
28 Westhampton Way 
Richmond, VA 23173 

-----Original Message-----
From: Michael Zimmer [mailto:zimmermi at] 
Sent: Friday, October 15, 2004 10:42 AM
To: RJLipkin at
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
973.642.8194 fax


-----conlawprof-bounces at wrote: -----

From: RJLipkin at
Sent by: conlawprof-bounces at
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?

Robert Justin Lipkin
Professor of Law
Widener  University School of Law
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