Legislature(2001 - 2002)

04/24/2001 08:06 AM House STA

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
HJR 23 - MAINTAIN ELECTORAL COLLEGE SYSTEM                                                                                    
                                                                                                                                
Number 2781                                                                                                                     
                                                                                                                                
CHAIR COGHILL announced that the  next order of business would be                                                               
HOUSE JOINT  RESOLUTION NO. 23,  Advocating the retention  of the                                                               
electoral college system in its present form.                                                                                   
                                                                                                                                
Number 2813                                                                                                                     
                                                                                                                                
CHAIR  COGHILL  noted that  he  brought  HJR  23 forward  in  its                                                               
present form  as a House  State Affairs Standing  Committee bill.                                                               
He suggested that there is one  area in HJR 23 that the committee                                                               
might  consider changing:   on  page  1, line  12, delete  "while                                                               
guaranteeing  that the  voices of  this  nation's minorities  are                                                               
heard" and  insert "while protecting  the voice of  this nation's                                                               
minority vote".  He opined that  the former language raises a lot                                                               
of questions.   He mentioned that he is bringing  forth HJR 23 at                                                               
the request of leadership.                                                                                                      
                                                                                                                                
REPRESENTATIVE JAMES  said that  she is  in favor  of maintaining                                                               
the electoral  college, but noted that  she is not sure  that the                                                               
language on lines 11-12 is a good  statement to have at all.  She                                                               
opined that  minorities have a  louder voice in this  system than                                                               
in  any other  system.   She  added, however,  that  to her,  the                                                               
electoral  college  is  almost  a   state's  rights  issue.    "I                                                               
understand the  argument that we  ought to  have the will  of the                                                               
majority of  the people,  [but] quite  frankly I'm  not convinced                                                               
that when we have completed an  election, that we always have the                                                               
will of the majority of the  people, because many of those people                                                               
don't even vote."  She also  noted that since many people outside                                                               
of Alaska don't have a clear  understanding of some of the issues                                                               
specific to  Alaska, the  only way  to ensure  that Alaska  has a                                                               
voice  is  through  the  electoral   college.    Therefore,  when                                                               
speaking  about  minorities,  she surmised  that  the  discussion                                                               
really  pertains  to  the "minority  states"  that  have  smaller                                                               
populations.   She said  she is not  convinced that  the language                                                               
saying, "ensures  that the  will of the  majority is  carried out                                                               
while guaranteeing that the voices  of this nation's minority" is                                                               
a very good statement, period.   She suggested that this language                                                               
should be removed altogether.                                                                                                   
                                                                                                                                
CHAIR COGHILL noted that he "stumbled over that very thought."                                                                  
                                                                                                                                
REPRESENTATIVE  STEVENS, as  a college  teacher,  noted that  the                                                               
hardest  part  of  teaching  U.S. history  is  dealing  with  the                                                               
electoral  college.    He  opined   that  one  of  the  strongest                                                               
arguments  for  the electoral  college  system  is that  at  some                                                               
point, it  does reach a conclusion,  which is a real  advantage -                                                               
at  some  point   the  election  is  over   and  someone  becomes                                                               
president.                                                                                                                      
                                                                                                                                
TAPE 01-47, SIDE B                                                                                                              
Number 2956                                                                                                                     
                                                                                                                                
REPRESENTATIVE  FATE  said  that he  agrees  with  Representative                                                               
James that it would be better  to leave out [lines 11-12] on page                                                               
1,  and   that  he  would   like  to   see  the  point   made  by                                                               
Representative Stevens added to HJR 23.                                                                                         
                                                                                                                                
Number 2930                                                                                                                     
                                                                                                                                
CHAIR COGHILL made motion to  adopt [Amendment 1], striking lines                                                               
11-12 on  page 1.   There being  no objection, [Amendment  1] was                                                               
adopted.                                                                                                                        
                                                                                                                                
Number 2903                                                                                                                     
                                                                                                                                
REPRESENTATIVE  STEVENS   made  a  motion  to   adopt  Conceptual                                                               
Amendment 2,  adding to page 2  [line 4], wording to  the effect:                                                               
"WHEREAS  the  electoral  college  brings  a  conclusion  to  the                                                               
electoral  process."   [Although the  chair did  not specifically                                                               
announce  that Conceptual  Amendment 2  was adopted,  the drafter                                                               
treated Conceptual  Amendment 2 as  having been adopted  and thus                                                               
incorporated it  into the House State  Affairs Standing Committee                                                               
Substitute.]                                                                                                                    
                                                                                                                                
REPRESENTATIVE  CRAWFORD said  that although  he believes  in the                                                               
electoral  system and  wants to  see  it preserved,  he has  some                                                               
problems  with the  electors:   the  way  it is  set  up now,  an                                                               
elector, once  he/she is selected,  can vote for  whomever he/she                                                               
pleases.    He posited  that  a  number  of  times in  the  past,                                                               
electors  have  been  pledged  to one  candidate  but  voted  for                                                               
another.   He  suggested  that  there should  be  steps taken  to                                                               
ensure that once chosen, an elector votes as pledged.                                                                           
                                                                                                                                
CHAIR  COGHILL said  that such  could be  done statutorily  since                                                               
each state  is responsible for  determining how its  electors are                                                               
handled.   He added that  although such  a change is  outside the                                                               
scope of HJR 23, it is within the scope of the legislature.                                                                     
                                                                                                                                
REPRESENTATIVE HAYES said  that he has never  liked the electoral                                                               
college  system;  he opined  that  it  disenfranchises voters  by                                                               
taking  away the  whole  concept  of "one  man/one  vote."   When                                                               
people are  told to go  out and vote,  then told that  their vote                                                               
counts but it doesn't really count,  it is problematic.  Half the                                                               
time, no one  knows who the people  are who are going  to vote to                                                               
make the  final decision.   He relayed  that when he's  spoken to                                                               
people this year  about the presidential election,  a response he                                                               
receives is:   "Why  should I  vote?  Somebody  else is  going to                                                               
make  this  decision for  me."    He  opined that  the  electoral                                                               
college is as  politicized as any other system,  referring to the                                                               
presidential  election  of 2000  as  an  example.   He  said  his                                                               
understanding of  the intent  of the  Founding Fathers  when they                                                               
developed  the electoral  college system  was based  on the  fear                                                               
that the  average person who  didn't own land  didn't necessarily                                                               
understand  politics.    But  after 200  years,  he  opined,  the                                                               
average citizen  has gone beyond  that point; therefore,  the use                                                               
of a  one man/one  vote system for  electing the  president makes                                                               
perfectly good  sense.  He added  that his objection to  [HJR 23]                                                               
has nothing  to do with  the 2000 presidential  election, rather,                                                               
he simply  has a fundamental  problem with the  electoral college                                                               
system.                                                                                                                         
                                                                                                                                
CHAIR  COGHILL  posited  that  HJR  23  would  bring  the  debate                                                               
regarding the electoral college system to congress.                                                                             
                                                                                                                                
Number 2658                                                                                                                     
                                                                                                                                
REPRESENTATIVE  JAMES,  after noting  that,  "We  are the  United                                                               
States  and  we  do  have  states' rights,"  opined  that  who  a                                                               
president is  does affect individual  states.  She said  that she                                                               
refuses to  put in  a system  that allows  "that decision"  to be                                                               
made  by New  York,  Seattle, Portland,  Chicago,  and all  those                                                               
other large  cities, which is  what would happen with  any system                                                               
other  than the  electoral college.   She  voiced agreement  with                                                               
Representative Crawford  that there  should be  parameters around                                                               
the electors to  the effect that once a state  "goes in a certain                                                               
way," its electors follow suit and vote that same way.                                                                          
                                                                                                                                
CHAIR COGHILL noted  that 24 states plus  Washington D.C. require                                                               
the electors, either  by statute or by pledge,  to vote according                                                               
to the popular vote of their state.                                                                                             
                                                                                                                                
REPRESENTATIVE FATE  pointed out  that there are  similarities in                                                               
demographics  between the  current United  States and  the United                                                               
States at the time the  Founding Fathers instituted the electoral                                                               
college  system:   now, as  then, there  are some  very populated                                                               
states and  some states  with very low  populations.   He offered                                                               
that the  electoral college system protected  the elective system                                                               
so that the highly populated  states could not always and forever                                                               
dominate the election system over  those states that did not have                                                               
large populations.                                                                                                              
                                                                                                                                
REPRESENTATIVE HAYES said that  he disagrees with Representatives                                                               
Fate and  James.  He  opined that it  is still the  most populous                                                               
states  that  determine who  the  president  is, even  under  the                                                               
electoral college system.   The states with  only three electoral                                                               
votes, such as  Alaska, don't have the impact  that more populous                                                               
states do.   He reiterated that the Founding  Fathers were afraid                                                               
that  the  common  person  would  not be  able  to  make  such  a                                                               
complicated  decision as  voting for  a president;  the electoral                                                               
college system  was set up  originally so that  [only] landowners                                                               
could  vote.   He  opined  that  although the  electoral  college                                                               
system  has been  in place  for over  200 years,  it has  run its                                                               
course and it is now time to eradicate that system.                                                                             
                                                                                                                                
REPRESENTATIVE   STEVENS  remarked   that  even   though  Tacoma,                                                               
Washington, has about the same  population as Alaska, Tacoma does                                                               
not  have  three  electoral  votes.   He  then  referred  to  the                                                               
problems Florida  had during the  2000 presidential  election and                                                               
noted that  only recently has  Florida been able to  finalize its                                                               
election  results;  without  the electoral  college  system,  the                                                               
United States would  have had to wait until now  to determine who                                                               
its president would be.   Because the electoral college system is                                                               
in  place, a  decision was  made -  regardless of  whether it  is                                                               
right or wrong - and "we now have a president."                                                                                 
                                                                                                                                
Number 2327                                                                                                                     
                                                                                                                                
CHAIR  COGHILL   offered  that   the  electoral   college  system                                                               
preserves  a  republican  form   of  government,  versus  a  pure                                                               
democracy.                                                                                                                      
                                                                                                                                
REPRESENTATIVE CRAWFORD,  on the  issue of  why neither  Bush nor                                                               
Gore  visited  Alaska  during  the  2000  presidential  campaign,                                                               
opined  that it  is because  everyone assumed  that Alaska  would                                                               
vote for  the Republican candidate  and so "both  candidates just                                                               
wrote our state  off as already being decided."   He opined that,                                                               
"if we  had a proportional  system, we  could make them  pay more                                                               
attention to us."                                                                                                               
                                                                                                                                
CHAIR COGHILL opined  that if it is left to  just a popular vote,                                                               
"we  certainly wouldn't  get  their attention."    At least  with                                                               
three votes, Alaska gets some degree of attention, he added.                                                                    
                                                                                                                                
Number 2215                                                                                                                     
                                                                                                                                
REPRESENTATIVE JAMES moved  to report HJR 23, as  amended, out of                                                               
committee  with  individual  recommendations.    There  being  no                                                               
objection,  CSHJR  23(STA)  was  reported from  the  House  State                                                               
Affairs Standing Committee.                                                                                                     
                                                                                                                                

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