The Michigan Messenger

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The Michigan Messenger going forward

By Staff Report | 11.16.11

I am writing today to announce the closure of the Michigan Messenger. After four years of operation in Michigan, the board of the American Independent News Network, has decided to shift publication of its news into a single site, The American Independent at Americanindependent.com. This is part of a shift in strategy, towards new forms [...]

Colorado-based abstinence program provided false and misleading information to Michigan students

HIV-AIDS-small
By Todd A. Heywood | 11.16.11

An abstinence-only presentation provided to numerous school districts in Calhoun and Eaton Counties in October of this year provided false and misleading information to students about HIV, experts allege.

Class action lawsuit filed against MERS over unpaid taxes

foreclosure
By Todd A. Heywood | 11.15.11

Two county registers of deeds filed a class action lawsuit Monday on behalf of Michigan’s 83 counties alleging that the Mortgage Electronic Registration Services owes millions of dollars in property title transfer taxes.

Schuette fights important mercury regulations

epa_logo
By Eartha Jane Melzer | 11.14.11

Despite evidence of the impact of mercury on children and public health, Michigan Attorney General Bill Schuette last month joined with 24 other state attorneys general in filing a lawsuit to scuttle new EPA regulations that would reduce mercury emissions from power plants.

Michigan House passes vote to eliminate electoral college

By Ed Brayton | 12.20.08 | 12:30 am

The Michigan House of Representatives last week passed a bill to have presidential elections decided by the national popular vote rather than by the electoral college system enshrined in the Constitution. The bill, HB 6610, was submitted by Steve Tobocman (D-Detroit), Steve Bieda (D-Warren) and John Stakoe (R-Highland Township).
 
The vote to pass the bill was 65-36, with nearly half of House Republicans supporting the bill. The bill, if passed by the Senate, would mean that Michigan would join the National Popular Vote Compact, but it would only become law if the same bill is passed in states with a majority of the membership of the Electoral College, or 270 of 538 electoral votes.

This would not actually amend the Constitution, but it would have the same effect. The Constitution mandates that the electoral college give the official vote for president, but it leaves it to the states to determine how their representatives to the electoral college will vote. If states with at least 270 electoral votes all agree to cast their votes for the winner of the national popular vote, that would guarantee the winner of the popular vote the same result in the electoral college.

A survey of Michigan voters showed that 70% support having the presidential election decided by national popular vote.

Comments

  • TheVirginiaHistorian

    MD and IL are both signed on, that is, Michigan electors are to defer to Baltimore and Chicago’s election day returns, ballot stuffing or not, without waiting for their court challenges.

    The ‘votes’ which popular vote advocates want treated equally are not equal. Different states are different in registration, turnout, voting, counting, fraud and appeals. Va's voting machines are not distributed proportionate to turnout. PA has three times the machines per voter. The Electoral College by-passes all these differences by a population-based formula. Critical comparisons usually use one of the eight single district returns which split 9-15, about 1% net.

    The District Plan provides for state diversity whenever the people choose to express substantial differences in the state, and the state majority gets a two-elector bonus. It is community-based versus the party-based unit rule.

    In the state-made District Plan, Mr. Obama visited Omaha, campaigned for its one urban district, and 'red-state' Nebraska split 4-1. A generally adopted District Plan would result in truly national presidential campaigns.

    The unfair state-made unit-rule can be fixed with a state reform: the District Plan.

  • Ronmamita

    A great effort Michigan!
    Don't stop; please continue to empower the voters and create a government that responds to the public needs. Many reforms may be required.
    Local & state governments need to play larger roles in this modern crisis era.
    People will have to formulate answers to todays problems and struggle with corporate controlled government puppets;
    the corporate money cartel Federal Reserve sys; and the War industry.
    Hopefully before the start of another great war.

  • mvy

    The major shortcoming of the current system of electing the President is that presidential candidates concentrate their attention on a handful of closely divided “battleground” states. 98% of the 2008 campaign events involving a presidential or vice-presidential candidate occurred in just 15 closely divided “battleground” states. Over half (57%) of the events were in just four states (Ohio, Florida, Pennsylvania and Virginia). Similarly, 98% of ad spending took place in these 15 “battleground” states.. Similarly, in 2004, candidates concentrated over two-thirds of their money and campaign visits in five states and over 99% of their money in 16 states.
    Two-thirds of the states and people have been merely spectators to the presidential elections. Candidates have no reason to poll, visit, advertise, organize, campaign, or worry about the voter concerns in states where they are safely ahead or hopelessly behind. The reason for this is the winner-take-all rule enacted by 48 states, under which all of a state's electoral votes are awarded to the candidate who gets the most votes in each separate state.

    Another shortcoming of the current system is that a candidate can win the Presidency without winning the most popular votes nationwide. This has occurred in one of every 14 presidential elections.

    In the past six decades, there have been six presidential elections in which a shift of a relatively small number of votes in one or two states would have elected (and, of course, in 2000, did elect) a presidential candidate who lost the popular vote nationwide.

  • mvy

    The Equal Protection Clause of the 14th Amendment says:
    “no state [shall] deny to any person within its jurisdiction the equal protection of the laws” [Emphasis added]

    It has been argued by some that it is not permissible, under the Equal Protection clause, for some states to close their polls at 6 PM while others close at 9 PM ; for some states to conduct their election entirely by mail while other states conduct their (non-absentee) voting at the polls; and for some states to permit violent felons to vote while others prohibit it (absent a pardon). However, the U.S. Constitution does not require that the election laws of all 50 states are identical in virtually every respect. The Equal Protection Clause of the 14th Amendment only restricts a given state in the manner it treats persons “within its jurisdiction.” The Equal Protection Clause imposes no obligation on a given state concerning a “person” in another state who is not “within its [the first state’s] jurisdiction.” State election laws are not identical now nor is there anything in the National Popular Vote compact that would force them to become identical. Indeed, the U.S. Constitution specifically permits diversity of election laws among the states because it explicitly gives the states control over the conduct of presidential elections (article II) as well as congressional elections (article I). The fact is that the Founding Fathers and the U.S. Constitution permits states to conduct elections in varied ways.

  • mvy

    The potential for political fraud and mischief is not uniquely associated with either the current system or a national popular vote. In fact, the current system magnifies the incentive for fraud and mischief in closely divided battleground states because all of a state’s electoral votes are awarded to the candidate who receives a bare plurality of the votes in each state.
    Under the current system, the national outcome can be affected by mischief in one of the closely divided battleground states (e.g., by overzealously or selectively purging voter rolls or by placing insufficient or defective voting equipment into the other party’s precincts). The accidental use of the butterfly ballot by a Democratic election official in one county in Florida cost Gore an estimated 6,000 votes ― far more than the 537 popular votes that Gore needed to carry Florida and win the White House. However, even an accident involving 6,000 votes would have been a mere footnote if a nationwide count were used (where Gore’s margin was 537,179). In the 7,645 statewide elections during the 26-year period from 1980 to 2006, the average change in the 23 recounts was a mere 274 votes.
    Senator Birch Bayh (D–Indiana) summed up the concerns about possible fraud in a 1979 Senate speech by saying:
    “One of the things we can do to limit fraud is to limit the benefits to be gained by fraud. Under a direct popular vote system, one fraudulent vote wins one vote in the return. In the electoral college system, one fraudulent vote could mean 45 electoral votes.”
    In Illinois in the 1960s, accusations of vote fraud by both political parties were commonplace. In 1960, a switch of 4,430 votes in Illinois and a switch of 4,782 votes in South Carolina would have given Nixon a majority of the electoral votes. However, 4,430 votes in Illinois were only a focus of controversy in 1960 because of the statewide winner-take-all rule. John F. Kennedy led Richard M. Nixon by 118,574 popular votes nationwide. So, 4,430 votes were not decisive in terms of the national popular vote count. If Nixon had carried Illinois and South Carolina in 1960, Nixon would have won a majority of the votes in the Electoral College, despite not receiving a majority of the popular votes nationwide.

  • mvy

    Existing federal law (the “safe harbor” provision in section 5 of title 3 of the United States Code) specifies that a state’s “final determination” of its presidential election returns is “conclusive” (if done in a timely manner and in accordance with laws that existed prior to election day). The National Popular Vote compact is directly patterned after this existing federal law and requires each state to treat as “conclusive” each other state’s “final determination” of its vote for President. No state has any power to judge the presidential election returns of any other state under either the National Popular Vote compact or the current system.

  • mvy

    Dividing a state's electoral votes by congressional district would magnify the worst features of our antiquated Electoral College system of electing the President. What the country needs is a national popular vote to make every person's vote equally important to presidential campaigns.

    If the district approach were used nationally, it would less be less fair and accurately reflect the will of the people than the current system. In 2004, Bush won 50.7% of the popular vote, but 59% of the districts. Although Bush lost the national popular vote in 2000, he won 55% of the country's congressional districts.

    The district approach would not cause presidential candidates to campaign in a particular state or focus the candidates' attention to issues of concern to the state. Under the winner-take-all rule (whether applied to either districts or states), candidates have no reason to campaign in districts or states where they are comfortably ahead or hopelessly behind. In North Carolina, for example, there are only 2 districts the 13th with a 5% spread and the 2nd with an 8% spread) where the presidential race is competitive. In California, the presidential race is competitive in only 3 of the state's 53 districts. Nationwide, there are only 55 “battleground” districts that are competitive in presidential elections. Under the present deplorable state-level winner-take-all system, two-thirds of the states (including North Carolina and California and Texas) are ignored in presidential elections; however, seven-eighths of the nation's congressional districts would be ignored if the a district-level winner-take-all system were used nationally.

  • TheVirginiaHistorian

    The National Popular Vote compact is the ‘faithless elector’ run wild. It is Jean Jacques Rousseau. Individual and local differences are to be subordinated to the “General Will”. In this case, a majority of votes in other states which are made artificially equivalent.

    An alterative uses the individualism in liberal philosophers such as Locke, Mill or Rawls.

    The District Plan cannot be discredited by looking at past district returns under the unfair state unit-rule. Politicians will allocate campaign resources, including the candidate’s time, based on opportunities of the system in the year they run.

    Obama caused a different voter turnout and result in ‘red-state’ Nebraska for the first time in over forty years. No statistical study of Nebraska in the prior ‘winner-take-all’ environment could have predicted the turnout or the result.

    Let the presidential electors faithfully reflect the variances among the people in each state. Yes, Virginia in 1888 might have had a racially integrated Labor electoral vote… I will defend to the death your right to be different …

    The only reasonable prediction is that with the District Plan, significant differences in the state among urban, suburban and rural regions will be decided in each election by the people of each state for themselves alone.

  • TheVirginiaHistorian

    The National Popular Vote compact is the ‘faithless elector’ run wild. It is Jean Jacques Rousseau. Individual and local differences are to be subordinated to the “General Will”. In this case, a majority of votes in other states which are made artificially equivalent.

    An alterative uses the individualism in liberal philosophers such as Locke, Mill or Rawls.

    The District Plan cannot be discredited by looking at past district returns under the unfair state unit-rule. Politicians will allocate campaign resources, including the candidate’s time, based on opportunities of the system in the year they run.

    Obama caused a different voter turnout and result in ‘red-state’ Nebraska for the first time in over forty years. No statistical study of Nebraska in the prior ‘winner-take-all’ environment could have predicted the turnout or the result.

    Let the presidential electors faithfully reflect the variances among the people in each state. Yes, Virginia in 1888 might have had a racially integrated Labor electoral vote… I will defend to the death your right to be different …

    The only reasonable prediction is that with the District Plan, significant differences in the state among urban, suburban and rural regions will be decided in each election by the people of each state for themselves alone.

  • mvy

    The National Popular Vote bill would guarantee the Presidency to the candidate who receives the most popular votes in all 50 states (and DC).

    Every vote would be politically relevant and equal in presidential elections.

    The bill would take effect only when enacted, in identical form, by states possessing a majority of the electoral votes—that is, enough electoral votes to elect a President (270 of 538). When the bill comes into effect, all the electoral votes from those states would be awarded to the presidential candidate who receives the most popular votes in all 50 states (and DC).

    The bill is currently endorsed by 1,246 state legislators — 460 sponsors (in 47 states) and an additional 786 legislators who have cast recorded votes in favor of the bill.

    The National Popular Vote bill has passed 22 state legislative chambers, including one house in Arkansas, Colorado, Maine, Michigan, North Carolina, and Washington, and both houses in California, Hawaii, Illinois, New Jersey, Maryland, Massachusetts, Rhode Island, and Vermont. The bill has been enacted by Hawaii, Illinois, New Jersey, and Maryland. These four states possess 50 electoral votes — 19% of the 270 necessary to bring the law into effect.

    See http://www.NationalPopularVote.com

  • mvy

    The major shortcoming of the current system of electing the President is that presidential candidates concentrate their attention on a handful of closely divided “battleground” states. 98% of the 2008 campaign events involving a presidential or vice-presidential candidate occurred in just 15 closely divided “battleground” states. Over half (57%) of the events were in just four states (Ohio, Florida, Pennsylvania and Virginia). Similarly, 98% of ad spending took place in these 15 “battleground” states.. Similarly, in 2004, candidates concentrated over two-thirds of their money and campaign visits in five states and over 99% of their money in 16 states.
    Two-thirds of the states and people have been merely spectators to the presidential elections. Candidates have no reason to poll, visit, advertise, organize, campaign, or worry about the voter concerns in states where they are safely ahead or hopelessly behind. The reason for this is the winner-take-all rule enacted by 48 states, under which all of a state's electoral votes are awarded to the candidate who gets the most votes in each separate state.

    Another shortcoming of the current system is that a candidate can win the Presidency without winning the most popular votes nationwide. This has occurred in one of every 14 presidential elections.

    In the past six decades, there have been six presidential elections in which a shift of a relatively small number of votes in one or two states would have elected (and, of course, in 2000, did elect) a presidential candidate who lost the popular vote nationwide.

  • mvy

    The Equal Protection Clause of the 14th Amendment says:
    “no state [shall] deny to any person within its jurisdiction the equal protection of the laws” [Emphasis added]

    It has been argued by some that it is not permissible, under the Equal Protection clause, for some states to close their polls at 6 PM while others close at 9 PM ; for some states to conduct their election entirely by mail while other states conduct their (non-absentee) voting at the polls; and for some states to permit violent felons to vote while others prohibit it (absent a pardon). However, the U.S. Constitution does not require that the election laws of all 50 states are identical in virtually every respect. The Equal Protection Clause of the 14th Amendment only restricts a given state in the manner it treats persons “within its jurisdiction.” The Equal Protection Clause imposes no obligation on a given state concerning a “person” in another state who is not “within its [the first state’s] jurisdiction.” State election laws are not identical now nor is there anything in the National Popular Vote compact that would force them to become identical. Indeed, the U.S. Constitution specifically permits diversity of election laws among the states because it explicitly gives the states control over the conduct of presidential elections (article II) as well as congressional elections (article I). The fact is that the Founding Fathers and the U.S. Constitution permits states to conduct elections in varied ways.

  • mvy

    The potential for political fraud and mischief is not uniquely associated with either the current system or a national popular vote. In fact, the current system magnifies the incentive for fraud and mischief in closely divided battleground states because all of a state’s electoral votes are awarded to the candidate who receives a bare plurality of the votes in each state.
    Under the current system, the national outcome can be affected by mischief in one of the closely divided battleground states (e.g., by overzealously or selectively purging voter rolls or by placing insufficient or defective voting equipment into the other party’s precincts). The accidental use of the butterfly ballot by a Democratic election official in one county in Florida cost Gore an estimated 6,000 votes ― far more than the 537 popular votes that Gore needed to carry Florida and win the White House. However, even an accident involving 6,000 votes would have been a mere footnote if a nationwide count were used (where Gore’s margin was 537,179). In the 7,645 statewide elections during the 26-year period from 1980 to 2006, the average change in the 23 recounts was a mere 274 votes.
    Senator Birch Bayh (D–Indiana) summed up the concerns about possible fraud in a 1979 Senate speech by saying:
    “One of the things we can do to limit fraud is to limit the benefits to be gained by fraud. Under a direct popular vote system, one fraudulent vote wins one vote in the return. In the electoral college system, one fraudulent vote could mean 45 electoral votes.”
    In Illinois in the 1960s, accusations of vote fraud by both political parties were commonplace. In 1960, a switch of 4,430 votes in Illinois and a switch of 4,782 votes in South Carolina would have given Nixon a majority of the electoral votes. However, 4,430 votes in Illinois were only a focus of controversy in 1960 because of the statewide winner-take-all rule. John F. Kennedy led Richard M. Nixon by 118,574 popular votes nationwide. So, 4,430 votes were not decisive in terms of the national popular vote count. If Nixon had carried Illinois and South Carolina in 1960, Nixon would have won a majority of the votes in the Electoral College, despite not receiving a majority of the popular votes nationwide.

  • mvy

    Existing federal law (the “safe harbor” provision in section 5 of title 3 of the United States Code) specifies that a state’s “final determination” of its presidential election returns is “conclusive” (if done in a timely manner and in accordance with laws that existed prior to election day). The National Popular Vote compact is directly patterned after this existing federal law and requires each state to treat as “conclusive” each other state’s “final determination” of its vote for President. No state has any power to judge the presidential election returns of any other state under either the National Popular Vote compact or the current system.

  • mvy

    Dividing a state's electoral votes by congressional district would magnify the worst features of our antiquated Electoral College system of electing the President. What the country needs is a national popular vote to make every person's vote equally important to presidential campaigns.

    If the district approach were used nationally, it would less be less fair and accurately reflect the will of the people than the current system. In 2004, Bush won 50.7% of the popular vote, but 59% of the districts. Although Bush lost the national popular vote in 2000, he won 55% of the country's congressional districts.

    The district approach would not cause presidential candidates to campaign in a particular state or focus the candidates' attention to issues of concern to the state. Under the winner-take-all rule (whether applied to either districts or states), candidates have no reason to campaign in districts or states where they are comfortably ahead or hopelessly behind. In North Carolina, for example, there are only 2 districts the 13th with a 5% spread and the 2nd with an 8% spread) where the presidential race is competitive. In California, the presidential race is competitive in only 3 of the state's 53 districts. Nationwide, there are only 55 “battleground” districts that are competitive in presidential elections. Under the present deplorable state-level winner-take-all system, two-thirds of the states (including North Carolina and California and Texas) are ignored in presidential elections; however, seven-eighths of the nation's congressional districts would be ignored if the a district-level winner-take-all system were used nationally.

  • TheVirginiaHistorian

    The National Popular Vote compact is the ‘faithless elector’ run wild. It is Jean Jacques Rousseau. Individual and local differences are to be subordinated to the “General Will”. In this case, a majority of votes in other states which are made artificially equivalent.

    An alterative uses the individualism in liberal philosophers such as Locke, Mill or Rawls.

    The District Plan cannot be discredited by looking at past district returns under the unfair state unit-rule. Politicians will allocate campaign resources, including the candidate’s time, based on opportunities of the system in the year they run.

    Obama caused a different voter turnout and result in ‘red-state’ Nebraska for the first time in over forty years. No statistical study of Nebraska in the prior ‘winner-take-all’ environment could have predicted the turnout or the result.

    Let the presidential electors faithfully reflect the variances among the people in each state. Yes, Virginia in 1888 might have had a racially integrated Labor electoral vote… I will defend to the death your right to be different …

    The only reasonable prediction is that with the District Plan, significant differences in the state among urban, suburban and rural regions will be decided in each election by the people of each state for themselves alone.