A Challenge In California
Something you may not know: Harvard Law Professor and former presidential candidate Lawrence Lessig is suing the state of California. His argument? The state disenfranchised Republican voters in the 2016 general election because their votes did not count under the winner-take-all system. That method of allocating electoral votes to the Electoral College is used not only in California but also 47 other states. Writes the Sacramento Bee:
"The lawsuit primarily rests on two claims: First, the state violates the Constitution's equal protection clause by not complying with the Supreme Court's precedent of "one person, one vote." Second, California violates citizens' First Amendment right to free speech by curbing their ability to associate with political parties."
Jason Harrow, chief counsel at Equal Citizens the non-profit founded by Mr. Lessig, commented, "We want to help all voters have some kind of say in states where their votes don't matter," Harrow said.
Lessig is not alone in pointing out that the winner-take-all system harms voters of every political party. In last Friday’s post, “A Better System for Everyone,” Making Every Vote Count Board Member James Glassman wrote, “We don’t need speculative models, however, to tell us that either party could win the presidency without a majority of the popular vote – an outcome that harms legitimacy and democracy.”