December 26, 2004

A Proposal by Asa Gordon

I received this in my email box. I don't know if it's accurate or not, but if any readers know, I would appreciate your input


The Douglass Institute of Government:

A Call for 47 "Faithful" Presidential Electors to Democracy

"This is the most amazing proposition that has ever been brought forward by a non-lawyer and it will, and if it is accurate it could change the whole outcome of the voting process in the United States, and we will take that under consideration ... we, we eagerly embrace your suggestion."

_ Rep. John Conyers (D-MI), Dec. 8th, 2004, Congressional Hearings on Ohio Voting Irregularities.

47 "Faithful" Presidential Electors Who Can Make History

Asa Gordon

Exe.Dir. DIG

There are 47 Democratic Presidential electors in 15 red states (states where Bush received the popular vote) who can elect Kerry president "by the rule of law", without a recount in any state, and in the bargain democratize the Electoral College. There is no constitutional provision or federal law requiring electors to vote in accordance with the popular vote in their states. Some states have such requirements, others do not. There are 15 unbound red states that have no such requirements in state law.

The "faithful" 47 must exercise their will independent of their party's leadership. That leadership is committed to disproportionate two party dominance over the voting rights of the citizenry. That leadership is willing to stand by and allow the willful disfranchisement of nearly 10 million democratic voters. These democratic votes for Kerry range from a low of 26.38% in Utah to a high of 49.11% in Iowa.

The "faithful" 47 must insist on their proportionate right to be represented among the unbound state presidential electors in the electoral college vote of January 6, 2005. The "faithful" 47 may have to bring civil action to enjoin Vice-President Cheney from presiding over any presumptive acceptance of "winner take all" electors from states that have no "winner take all" statute. They may be required to evoke the mal-apportionment penalty under the second section of the Fourteenth Amendment to reduce their state's electoral and congressional representation if their votes are "denied ... or in any way abridged" in the electoral college.

At is a table and electoral map of the "Red States" wherein no state official can cite a state statute to preclude presidential electors from insisting on proportionate electoral representation predicated upon the popular split in the vote for their candidate. The unbound "Red States are: Arizona, Arkansas, Georgia, Idaho, Iowa, Indiana, Kansas, Kentucky, Louisiana, Missouri, North Dakota, South Dakota, Tennessee, Utah, and West Virginia. This will result in an electoral victory for Kerry of 271 to 267 for Bush. Unlike the "faithless eight" presidential electors who defected in the past to defy their party leadership, the "faithful" 47 can make history by being faithful to the millions of voters they represent.

Asa Gordon,

Executive Director, Douglass Institute of Government

Chair, DC Statehood Greenhood Party Electoral College Task Force

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