Two weeks ago, one of the most important Republican lawyers in Sacramento quietly filed a ballot initiative that would end the practice of granting all fifty-five of California’s electoral votes to the statewide winner. Instead, it would award two of them to the statewide winner and the rest, one by one, to the winner in each congressional district. Nineteen of the fifty-three districts are represented by Republicans, but Bush carried twenty-two districts in 2004. The bottom line is that the initiative, if passed, would spot the Republican ticket something in the neighborhood of twenty electoral votes—votes that it wouldn’t get under the rules prevailing in every other sizable state in the Union. [...]
If California does what No. 07-0032 calls for while everybody else is still going with winner take all by state, the real-world result will be to give Party B (in this case the Republicans) an unearned, Ohio-size gift of electoral votes. In a narrow sense, that’s good if you like Party B, but not so good if you like Party A (in this case the Democrats). Or if you think that in a democracy everybody ought to play by roughly the same rules. [...]
The California initiative flunks even the categorical-imperative test. Imagine, as a thought experiment, that all the states were to adopt this “reform” at once. Electoral votes would still be winner take all, only by congressional district rather than by state. Instead of ten battleground states and forty spectator states, we’d have thirty-five battleground districts and four hundred spectator districts. The red-blue map would be more mottled, and in some states more people might get to see campaign commercials, because media markets usually take in more than one district. But congressional districts are as gerrymandered as human ingenuity and computer power can make them. The electoral-vote result in ninety per cent of the country would still be a foregone conclusion, no matter how close the race.
California Initiative No. 07-0032 is an audacious power play packaged as a step forward for democratic fairness. It’s the lotusland equivalent of Tom DeLay’s 2003 midterm redistricting in Texas, except with a sweeter smell, a better disguise, and larger stakes. And the only way Californians will reject it is if they have a chance to think about it first.
Read the whole thing. And weep.
Who's the perp behind the nefariousness? Thomas W. Hiltachk of Bell, McAndrews & Hiltachk, the law firm for the California Republican Party. He is the firm’s managing partner and Governor Arnold Schwarzenegger’s personal lawyer for election matters.
Yes, he's Arnold's manservant, but does he have any real election credibility? Mr. Hiltachk served as an official U.S. election observer for the 1996 Russian presidential election. Wow! From Yeltsin to Schwarzenegger.
