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Zach Armstrong

House passes bill giving state’s electoral votes to popular vote winner

By Zach Armstrong, Capital News Service

RICHMOND, Va. -- The House of Delegates passed a bill this week that would allocate the commonwealth’s electoral college votes to the candidate who received the national popular vote.

The bill would join Virginia into the National Popular Vote Compact, which ensures the presidential candidate with the most votes nationally is elected once states comprising 270 out of 538 electoral votes sign onto the pact. The House passed the bill by a vote of 51-46. 

Passage of House Bill 177, introduced by Del. Mark Levine, D-Alexandria, comes less than two weeks after the bill was originally defeated in the Privileges and Elections committee by a vote of 10-12. After being reconsidered in the same committee last week, the bill reported out on a 12-9 vote. The bill incorporates HB 199, introduced by Del. Marcia Price, D-Newport News.

Del. Paul Krizek, D-Fairfax, and Del. Alex Askew, D-Virginia Beach, who initially voted against the bill voted in favor of it the second time. Del. Kelly Convirs-Fowler, D-Virginia Beach, who initially also voted against the bill did not vote the second time.

“The people of the United States should choose the president of the United States, no matter where they live in each individual state,” Levine said when questioned during the committee hearing. “It gives every American equal weight under the law.”

Levine tried to pass similar legislation the past three consecutive sessions.

A similar Senate bill, introduced by Sen. Adam Ebbin, D-Alexandria, was pulled from consideration by Ebbin, who did not identify the reason he pulled the bill. 

Since the campaign began in 2006, 15 states and the District of Columbia have passed the National Popular Vote bill -- a total of 196 electoral votes. If the bill passes the state Senate, Virginia’s 13 electoral votes would bring that total to 209. That leaves 61 electoral votes needed for the compacte to take effect. At least one chamber in eight additional states, with a combined 75 more electoral votes, have passed the bill. 

“We are grateful to our sponsors in the Virginia General Assembly, and to citizens across the state who are making it clear that they prefer a national popular vote for president,” said John Koza, chairman of National Popular Vote, in a released statement. 

A candidate winning the electoral votes and the presidential race despite losing the national popular vote has occurred five times in American history: John Quincy Adams in 1824, Rutherford Hayes in 1876, Benjamin Harris in 1888, George W. Bush in 2000 and Donald Trump in 2016. 

“It is really hard to predict how campaigns would respond to this change,” said Alex Keena, assistant professor of political science at Virginia Commonwealth University in Richmond. “We would probably see less campaigning in the smaller swing states and there would be less emphasis on winning states, per se.”

The bill stipulates that a state can exit the compact, but a withdrawal occurring six months or less before the end of a president's term shall not become effective until a president or vice president have been qualified to serve the next term.

Bill fails that would award electoral votes to popular vote winner

By Zach Armstrong, Capital News Service

RICHMOND, Va. -- Legislation seeking to guarantee the presidency to candidates who earn the popular vote in national elections has again failed to advance in the General Assembly. 

Senate Bill 399, introduced by Sen. Adam Ebbin, D-Alexandria, would’ve joined Virginia into the National Popular Vote Compact and awarded its electoral votes to the presidential ticket that receives the most popular votes in all 50 states and the District of Columbia. Ebbin withdrew the bill from consideration Tuesday without identifying the reason. 

House Bill 177, introduced by Del. Mark Levine, D-Alexandria, was defeated Friday in the Privileges and Elections committee by a 10-12 vote, despite narrowly clearing subcommittee. The bill incorporated HB 199, introduced by Del. Marcia “Cia” Price, D-Newport News. Three Democrats joined Republican members to vote no.

“The people of the United States should choose the president of the United States, no matter where they live in each individual state,” Levine said when questioned during the committee hearing. “It gives every American equal weight under the law.”

Opponents disagree over his premise.

 “One of the things that was in place was to try to ensure that certain large states like California and New York, now, don’t have all the control in making a decision for president,” Sen. Ryan McDougle, R-Hanover, told ABC 8 News last week. 

Levine tried to pass similar legislation the past three consecutive sessions.

“The Electoral College is an outdated institution that creates an undemocratic system for deciding who holds the most important office in the land,” said Del. Ibraheem Samirah, D-Fairfax, a co-patron of HB 177. “Call me crazy, but I think the person who wins the most votes is the person who should win an election.”

Under the Electoral College, each state is granted a number of electoral votes based on their representation in the U.S. House and Senate. A majority of states award electoral votes to the candidate who receives the most votes in their respective states. The candidate receiving at least 270 electoral votes wins the election. 

After Donald Trump won the 2016 election despite losing the popular vote, numerous states signed the NPVC. The NPVC would ensure the candidate who wins the popular vote becomes president when states possessing 270 electoral votes sign onto the pact and give their electoral votes to the candidate through presidential electors. 

The compact has been adopted by 15 states and the District of Columbia, which equal 196 electoral votes, according to National Popular Vote, a nonprofit that advocates for the compact. The pact will go into effect once states with at least 74 more electoral votes enact it. At least one chamber in eight additional states with 75 more electoral votes have passed the bill. 

“It is really hard to predict how campaigns would respond to this change,” said Alex Keena, assistant professor of political science at Virginia Commonwealth University in Richmond. “We would probably see less campaigning in the smaller swing states and there would be less emphasis on winning states, per se.”

Americans have historically opposed the Electoral College method and prefer naming winners based on the popular vote, according to a 2019 Gallup poll.

“They favor an amendment to the Constitution to make that happen, but are more reluctant to have states make changes to how they award their electoral votes,” Gallup said in a summary of its finding. 

Five presidential candidates have won the electoral college without receiving a majority of the popular vote: John Quincy Adams in 1824, Rutherford Hayes in 1876, Benjamin Harris in 1888, George W. Bush in 2000 and Donald Trump in 2016. 

Without the compact, a constitutional amendment is required to switch from the Electoral College to the popular vote. 

In 1969, Rep. Emanuel Celler introduced House Joint Resolution 681 to abolish the Electoral College and instead require a president-vice president pair of candidates to win at least 40% of the popular vote. The bill passed the House with bipartisan support but failed on the Senate floor, according to congressional records.

“The compact does not require a constitutional amendment, so that route is obviously a lot easier than going through the amendment process,” Keena said.

Bills to make voting easier advance in Virginia General Assembly

By Zach Armstrong, Capital News Service

RICHMOND, Va. -- Virginia lawmakers have advanced Senate bills that make voting easier, including not requiring an excuse to vote absentee and recognizing Election Day as a state holiday. Other legislation that would extend citizen access to voting -- part of the 11-point “Virginia 2020 plan” put forward by Gov. Northam -- has yet to clear committees.

Senate Bill 601 designates Election Day as a state holiday to give more citizens the chance to cast their ballot. The bill also would strike from current law Lee-Jackson Day, which celebrates the birthdays of Confederate generals. The legislation, introduced by Sen. L. Louise Lucas, D-Portsmouth, passed the Senate Tuesday.

“Even on Election Day, people have to go to work, people have to handle childcare, people have to go to class and often it can be hard to make it to the polls,” said Del. Ibraheem Samirah, D-Herndon. “It just makes sense that those folks should be given the opportunity to come out and vote in a time window that works for them.”

A bill that removes the need for an excuse to cast an absentee ballot passed the Senate Monday. SB 111, introduced by Sen. Janet Howell, D-Reston, permits any registered voter to vote by absentee ballot in any election in which he is qualified to vote.

Several other bills that facilitate ease of absentee voting are SB 46, removing the requirement that a person applying for an absentee ballot provide a reason to receive the ballot; SB 455, extending the deadline when military and overseas absentee ballots can be received; SB 617, authorizing localities to create voter satellite offices to support absentee voting; and SB 859, making absentee voting easier for people who have been hospitalized.

Legislation in the House includes a bill that would also allow for no excuse absentee voting, automatic voter registration and same-day voter registration. In the Senate, a bill would pre-register teens 16 years old and older to vote and one bill in the House would reduce the period of time registration records must be closed before an election. All House bills are in an Elections subcommittee.

“Restrictive voting provisions almost always disproportionately affects people of color and low-income individuals because those are the groups that move more frequently, work multiple jobs and have less spare time,” said Jenny Glass, director of advocacy for the American Civil Liberties Union of Virginia.

The House and Senate also introduced bills that would remove requirements that voters present a photo ID when voting. Under the legislation, voters can show voter registration documents, bank statements, paychecks or any government document that shows the name and address of the voter. Neither bill has made it past committee.

Virginians currently must present a photo ID, such as a driver’s license or a U.S. passport, to vote in person. According to a 2012 study by Project Vote, an organization that works to ensure all Americans can vote, approximately 7% of the U.S. population lacks photo ID. This is especially true of  lower-income individuals, those under the age of 20 and ethnic minorities.

Voters can provide their social security number and other information to get a free Virginia Voter Photo Identification Card, but some legislators said that service is unknown to many.

“Before the photo ID requirement voters had to sign the affidavit to say they are who they say they are, and I think that was enough,” said House Majority Leader Del. Charniele Herring, D-Alexandria. “I feel the photo ID was a way to suppress the vote because not everyone has one.”

Former Republican Gov. Bob McDonnell signed SB 1256 into law mandating voters have a form of ID with a photograph. Virginia is one of the 18 states with such voting requirements, according to the National Conference of Legislature.

In 2016, the U.S. 4th Circuit Court of Appeals upheld the ID requirement after attorneys for the state Democratic Party challenged the law, arguing it had a disproportionate impact on low income and minority voters.

“People are fed up with our overly restrictive and racist voting policies, and the legislature is finally getting rid of some of the biggest roadblocks to progressive reform,” said Glass. “This has been a long time coming.”

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