Category: Electoral College

We’ll Be Ruthless in November

The Daily Escape:

Capitol Peak, CO from the Upper Capitol Creek Trail – September 2020 photo by CampsG

“Stand your ground. Do not fire unless fired upon. But if they mean to have a war, let it start here.” – Col. John Parker, Commander of rebel forces, Battle of Lexington

America is already at war with itself. And that was before the thermonuclear bomb of Justice Ginsburg’s death. We need to avoid getting distracted by the shenanigans of Republicans around a Ginsburg replacement, and instead, use it to take back the White House and the Senate.

Wrongo believes that the efforts by Republicans over the next 42 days to ram through another conservative justice may be successful at shaping the direction of the Supreme Court. But successful or not, it will increase the number of likely anti-Trump voters.

One thing that points to better Democrat engagement is that the Democrat’s fund raising site, ActBlue, has raised more than $100 million since RBG’s death. This suggests that the looming court vote is energizing Democrats in a way that Biden hasn’t.

And it’s fantasy to ask Republicans to throw away the chance to get a third Supreme Court justice. They’ve spent the last four years losing their dignity defending Trump. And they’re not throwing it away now, particularly if they think Biden wins in November. So stop showing old sound bites or op-eds by Republicans saying they wouldn’t support a lame duck appointment of a Supreme Court justice. The President and Senate control the nomination process. Nothing in the US Constitution prevents them from filling a vacancy, whenever it occurs, assuming they have the votes.

Sure, it’s a violation of tradition. Not like we haven’t seen plenty of that since 2016.

But if Trump’s nominee makes it through the Senate, Trump may be making himself redundant to conservatives. The fear that a Democratic president will appoint justices who will swing the Court far to the left will be gone.

But there’s a wildcard that could upset the Senate vote count for a nominee to replace Ginsburg, if it happens after the election. The NYT reports:

“The winner of the Arizona Senate race could be seated in time for a vote on a Supreme Court pick…”

Should Mark Kelly, the Democratic nominee for Senate in Arizona, beat sitting Sen Martha McSally, he could be sworn in as early as Nov. 30, since Sally is filling an expiring term. Hypothetically, a Kelly win would narrow the Republicans’ majority to 52-48. This could make it difficult for McConnell to round up enough votes, since Sens Collins and Murkowski have said they think the nomination should come after the inauguration on January 20, 2021.

If you are fired up to prevent Trump from placing a third conservative justice on the Supreme Court, send money to Mark Kelly at markkelly.com.

The tyranny of the minority is something that Wrongo has written about before. Our Constitution gives an unfair advantage to underpopulated states. By 2040, according to a University of Virginia analysis of census projections, half of America’s population will live in eight states. About 70% of people will live in 16 states, meaning that 30% of the population will control 68% of the Senate.

From Heather Cox Richardson:

“Both of the last two Republican presidents—Bush and Trump– have lost the popular vote, and yet each nominated two Supreme Court justices, who have been confirmed by the votes of senators who represent a minority of the American people. The confirmation of a fifth justice in this way will create a solid majority on the court, which can then unwind the legal framework that a majority of Americans still supports.”

When Scalia died in 2016, Republicans had a 54-46 majority in the Senate, despite the fact that Democratic senators represented about 20 million more people than Republicans in 2016. Two years ago, Neil Gorsuch became the first member of the Supreme Court in American history to be nominated by a president who lost the popular vote and who was confirmed by a bloc of senators who represent less than half of the country. The second was Brett Kavanaugh.

It also impacts the selection of Presidents. The tyranny of the minority has allowed five men who lost the popular vote to become president: Trump, George W. Bush, Benjamin Harrison, Rutherford B. Hayes, and John Quincy Adams. A scary thought is that some analysts think Biden needs to win the 2020 popular vote by at least 6% to carry the Electoral College.

It’s time to remember that Trump has confirmed 53 Republican Appellate court justices in four years, compared to 55 in 8 years for Obama.

It’s time to punch back.

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Monday Wake Up Call – August 31, 2020

The Daily Escape:

Devil’s Punchbowl, OR – 2020 photo by indieaz. There are many places in the US called the “Devil’s Punchbowl”.

Where did the summer go? We’ve all been tied down by the pandemic, so we probably focused more on politics than we wanted to. Pretty sure that made time pass more slowly, though. So Wrongo’s still not sure where the summer went.

Last week, Wrongo and Ms. Right had lunch with old friends, and the subject of what older Boomers and Silents can do to influence the election was a big discussion topic. Depending on your means, there are many things that could be done, like picking key states and congressional districts that are in play, and donating bigly to candidates who have a real chance to flip the seat they’re seeking.

But perhaps the most important impact would be to help register voters in those same states and districts this fall. For many, that would mean traveling to another state, braving the risk of COVID, while dueling with anti-maskers. When you consider the alternative of four more years of divided government with Trump in power, it may well be worth doing.

It’s important to remember that 2020 is a census year, and Democrats had a huge loss in the Senate, House and in state legislatures in 2010, the last census year. That enabled Republicans to gerrymander many states, making Democrats uncompetitive in those states for a decade.

We can’t risk another huge loss year like 2010.

Paul Rosenburg reports on using a “moneyball” type of approach, based on the famous book of the same name by Michael Lewis. Lewis wrote about baseball teams using the “moneyball” approach to get the best team on the field using the least amount of their limited budgets. The idea of applying it to voting comes from the Princeton Gerrymandering Project.

Like baseball teams, each citizen has a fixed amount of time and resources to invest in politics. The idea is to focus on political races with a high potential either for flipping the US Senate or selected down-ballot races.

You could also focus on Congressional seats, or on state legislatures. In the case of legislatures, the goal is to split or change control of legislatures that will be drawing new districts in 2021. Since only 10 states have independent redistricting commissions (list is here), we should focus on the Republican states among the other 40 to minimize the chance of seeing more unfairly gerrymandered districts like the Republican’s REDMAP project delivered in 2011.

Turing to the Senate, here’s a chart that shows races by current margin, and by what the political moneyball group calls “voter power”:


The red names are Republicans, blue are Democrats. By convention, the race where resources go the farthest is set to a voter power of 100, with the other races calibrated against it. The Montana race has immense voter power, since the state has so few residents. Money or time spent trying to get Steve Bullock elected can go 50 times farther there than against John Cornyn in TX, who has a big lead in a big state. If Bullock wins, that’s likely to mean Democrats will win control of the Senate.

Wrongo’s friends want to see Mitch McConnell defeated in KY, but Wrongo advised not to donate to Amy McGrath, the Dem running against him. It’s a difficult race to win. Instead, they should focus their time and money into races with lower profiles but better chance to win. Like Sarah Gideon running against Susan Collins in ME.

From Tom Sullivan:

“Find…tabs for “Moneyball” states where “a few hundred voters mobilized in the right districts could bring a state bipartisan control of redistricting, leading to fairer districts for a decade.” These include TX, MN, KS, FL, CT, and NC. Voters in those states should examine where their money and effort could do the most good.”

Time to wake up Voters! It is surely the right time to build your list of candidates to support to flip the Senate, and to pick down ballot-candidates to create a firewall against gerrymandering.

To help you wake up, a special treat. Here’s an accomplished guitarist Wrongo had never hear of, Justin Johnson. Johnson is playing an original composition, “Rooster Blues”, live on a four-string cigar-box guitar. Sounds fantastic:

Watch it. You won’t be disappointed!

And if you liked that video, you might like him playing “While My Guitar Gently Weeps” on a vintage oil can guitar here.

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The Looming Census Problem

The Daily Escape:

Breckinridge, CO – July 2020 photo by doughboyme

(The Wrongologist is taking a summer vacation starting today. We will return on August 9th. Wrongo urges all readers to also take a break. Got to get ready for the silly season that starts soon.)

Time to talk 2020 census. The Census Bureau’s follow-up visits to non-responding households were originally scheduled to begin in early May, but they were delayed by a freeze on census field operations due to the COVID-19 pandemic.

In April, the Trump administration asked Congress to extend the deadlines for the Census Bureau to turn in their head count data. The Census Bureau independently postponed finishing field operations for the census from the end of July to the end of October.

The House agreed to the extensions, but the Senate hasn’t. Senate Republicans on Monday instead proposed additional funding as part of their HEAL bill to help conclude the census on time, without extending the deadline.

The Census Bureau is required to turn over numbers for apportioning Congressional seats by Dec. 31, and the numbers to be used for redrawing state and local legislative districts by March 30. The requested deadline extensions would push back the apportionment deadline to April 30 for Congress, and to July 31 for state and local districts.

The politics of these decisions are clear. Trump no longer wants a deadline extension, and he doesn’t want undocumented residents counted at all.

The timing of Trump’s memorandum excluding the undocumented and his abandonment of the request to push back the reporting deadlines suggests that the White House wants to ensure that the numbers are undercounted. Also, that Trump  receives the apportionment numbers while he’s still in office so they can be fixed if necessary.

House Democrats are wary of what they see as Trump’s attempts to politicize the 2020 census, and want the Senate Republicans to approve the request for deadline extensions. That would mean there’s a chance the final months of the data-crunching would take place under a Biden administration, assuming Biden defeats Trump in November.

Staying on the usual deadline probably means that many people, documented or not, won’t be counted. Only about 63% of Americans have been counted so far. That means about 55 million households haven’t responded, and will require visits by census takers.

The Census Bureau is about to send its 500,000 door-knockers out to begin surveying households that haven’t yet answered the questionnaire, and Pew Research says it will be difficult to get them to open their doors:

“Among those who say they have not participated in the census, 40% say they would not be willing to talk to a census worker who came to the door…”

The 40% breaks down into 16% who say they’re unwilling to talk to the Census people at all, and 24% say they are not very willing to speak with them.

So, what does it all mean for apportioning Congressional seats?

The job is to use the census data to equitably assign the House’s 435 seats to the 50 states. The first 50 seats are automatically assigned, one per state. A series of formulas called the method of Equal Proportions is used to divide up the remaining 385 seats among the states on the basis of their populations. The method of Equal Proportions was first used to apportion House seats in 1940 and has been used ever since.

The apportionment population of a state is defined as all persons residing in the state as of April 1, plus all American military and civilian personnel of the federal government and their dependents from that state who were residing abroad.

At the last census in 2010, the states receiving the largest number of seats were California with 53; Texas with 36 seats, and then Florida and New York with 27 apiece. Alaska, Delaware, Montana, North Dakota, South Dakota, Vermont, and Wyoming each received only one seat, the one they are granted automatically.

Sabato’s Crystal Ball at the University of Virginia did a preliminary estimate of how the House seats will be distributed once the 2020 census is in. It obviously is a projection, but the results are shown on this map:

Of the 10 states projected to lose one House seat each in 2020, only two are red states. Of the seven states projected to gain House seats in 2020, six are red states.

If the 2020 apportionment followed Trump’s plan to exclude undocumented immigrants, this would be the outcome:

Eight states will lose nine seats with California leading the way. Seven of the eight seats lost would be in blue states.

Seven states would gain nine seats: Texas and Florida would gain two each. Six of the gains would be in red states.

Remember that a state’s votes in the Electoral College are equal to its seats in Congress. It’s not hard to see why Trump wants an undercount that favors Texas and Florida.

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