Republicans Minority Leader Mitch McConnell (R-Ky.) and Trump have defended the Electoral College as empowering smaller states.
Senate Democrats proposed a constitutional amendment on Dec. 16 that would abolish the Electoral College and ensure the country’s presidential elections were determined by the popular vote.
“It is time to retire this 18th-century invention that disenfranchises millions of Americans,” Senate Judiciary Chairman Dick Durbin (D-Ill.) said in a press release.
He and Sens. Brian Schatz (D-Hawaii) and Peter Welch (D-Vt.) proposed the legislation after another proposal emerged in the House last week.
“No one’s vote should count for more based on where they live,“ Schatz said in the press release. ”The Electoral College is outdated and it’s undemocratic. It’s time to end it.”
Article II of the Constitution establishes the Electoral College, which directs states to appoint electors for casting votes for president and vice president.
The practice has come under considerable criticism from Democrats such as Durbin, who noted in his press release that he tried to abolish the Electoral College in 2000.
“In all but five presidential elections, the winner of the election received the most votes,” the press release read. “Two of those five times came in the last 25 years, handing the presidency to candidates the majority of voters rejected.”
The release was referring to former President George W. Bush and candidate Donald Trump losing the popular vote in 2000 and 2016 respectively. In the most recent presidential election, Trump won 49.9 percent of the popular vote compared with Vice President Kamala Harris’ 48.4 percent.
Trump has both supported and criticized the Electoral College in social media posts. He said in 2012 that it was a “disaster for democracy” and in 2019 said he “realize[s] the Electoral College is far better.”
He said that the “brilliance of the Electoral College is that you must go to many States to win,” adding that without it, smaller states would lose power.
Eliminating the Electoral College via constitutional amendment would require state and national approval.
According to Article V of the Constitution, Congress can send the issue to the states after two-thirds of both the House and Senate approve an amendment. From there, three-fourths of the state Legislatures or state ratifying conventions must also approve.
By Sam Dorman