Could a change in the way states allocate their votes in the Electoral College have changed the outcome of the 2012 presidential election? The answer to that question is generating outrage among Democrats over schemes that are currently under consideration in Virginia and some other states. That’s because had every state in the union discarded the winner-take-all rule currently used in all but two and instead employed one in which each Congressional district would be an individual contest, Mitt Romney might have earned a slim victory despite losing the popular vote.
Nebraska and Maine currently divide their votes in this manner giving both major parties a chance to win individual districts. That is each state’s prerogative since there is nothing in the Constitution saying that the winner-take-all rule is sacred. But in 2012, when President Obama won a narrow majority in the popular vote but a decisive victory in the Electoral College, allowing such splits would have created an anomalous outcome since the president’s win was predicated on his sweep of virtually every closely-fought battleground state in which he ran up big vote totals in urban areas while losing rural counties. That’s leading Democrats to call the plan to change the system in Virginia, which Obama won by a razor-thin margin, a “sore loser” scheme that is a GOP effort to subvert democracy.
Even though Republicans in some states have been talking about this issue for years, coming on the heels of their 2012 loss, it’s hard to argue that the sore loser tag doesn’t apply. Indeed, though their plan has its virtues, the idea of changing the rules in order to skew the results a bit more in their favor instead of working on issues and producing candidates that will win on their own merits sounds like exactly the sort of foolish thing Republicans ought to be avoiding as they ponder how to do better in 2016. Nevertheless, though the plan creates some bad optics for the GOP, even its Democratic critics should admit that it is neither crazy nor essentially undemocratic.



