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more on A nation (evenly) divided


From: David Farber <dave () farber net>
Date: Sun, 29 Aug 2004 10:25:44 -0400



Begin forwarded message:

From: Einar Stefferud <stef () Thor nma com>
Date: August 29, 2004 2:21:47 AM EDT
To: David Farber <dave () farber net>
Subject: Re: [IP] A nation (evenly) divided

As I understand the Electoral College, the founders of our nation were aware of the possibility of tie votes and set the Electoral Collage to make a decision so as to avoid our government from collapse in the face of an indeterminate vote.

The simple fact is that even with perfect voting systems is is possible to
encounter a real tie vote, in which case the election is equivalent to a
flipped coin that landed and stood on its edge. Highly improbably but not provably impossible, so the means of resolving the election in an uncontested
way, must be provided in the constitution.

And so it is, as I read the constitution and the Electoral Collage rules.

As I see it, at worst, the Electoral Collage will essentially flip a coin and declare the outcome to be the decision. So we will not ever be without a
resident!

I do not see how a solution can be found in any other way, when the vote is so close as to be indistinguishable from a dead tie. The whole elaborate
structure of the Electoral Collage is primarily designed to prevent a
significantly serious deadlock.

All this is good as I see it, regardless of all the mumbling hordes that
rant on and on about how Bush Stole the election in 2000.

The other side of that argument is that Gore was trying his best to solve the problem by meddling with he counting process with new "after the fact" "laws" enacted after the voting was completed in an effort to count votes until Gore's team found enough new votes to tilt the election results by some small margin
that would be big enough to claim that Gore Won.

Thankfully, the Electoral College saved the day, with the Supreme Court finding that continued counting with partisans finding new votes on some large enough
scale would very likely lead to a really serious deadlock and crisis.

So I vote to retain the Electoral College until something provably better is discovered;-)... And I would not argue against efforts to further educate our
voting citizens to understand what all this confusion is about.

Cheers...\Stef

Begin forwarded message:

From: Tim Onosko <tim () onosko com>
Date: August 28, 2004 1:04:29 AM EDT
To: dave () farber net
Subject: A nation (evenly) divided

Dear Dave Farber:

I think the great undiscussed issue is what to do with an election that ends in a statistical dead heat, and it is one for which there is obviously no Constitutional solution. As Americans, the value of our votes is established by the admonition that a candidate can win or lose by a single vote: ours. This is true, no doubt, in a race of limited scope, such as a local election. But, on a national scale, it is always possible, as we saw in November 2000, to be cast into a situation like Florida, where no number of recounts may have ever yielded a satisfactory answer to who actually won the state. The different ways recounts were ordered, the rules by which they were conducted, human error and the chaotic environment itself were likely to have meant that no two recounts would have been the same. Anyone who has taken the most rudimentary statistics course recognizes this as the margin of error.

The U.S. Constitution makes no mention of how to solve such disputes, and so we were thrown into the worst kind of court case possible, where there was no precedent and precious little case law, and where the outcome was assured to be determined by lawyers, not the law. Yet, considering all of the public furor over the 2000 election, there has been virtually no discussion about the underlying cause of the problem or how to settle it if it happens again. Instead, we simply address the voting methods -- punch cards and hanging chads are out, optical ballots and e-voting are in. But there remains a margin of error in every virtually voting and accounting method, and there is still no Constitutional remedy for the statistical dead heat.

With polls that reflect a still a frighteningly evenly divided nation, the possibility exists that some variant of the 2000 scenario might once again play itself out without any better legal method of settling matters. We don't need to live through this nightmare again, where half the electorate inevitably feels disenfranchised for the next four years.

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