Electoral reform in the United States

Electoral reform in the United States
Name	Electoral reform in the United States
Jurisdiction	United States
Started	18th century

Electoral reform in the United States seeks alterations to United States Constitution, United States presidential election, United States Congress, and state-level electoral processes to address representation, participation, and accountability. Proposals intersect with constitutional law, political advocacy, and administrative practice, engaging institutions such as the Supreme Court of the United States, United States Department of Justice, and state secretaries of state. Debates draw on historical episodes—from the Electoral College controversies to the Reconstruction era reforms—and contemporary movements advocating ranked choice, campaign finance limits, and voting rights protections.

Background and historical context

The origins trace to the framing at the Constitutional Convention (1787), compromise among delegates including James Madison, Alexander Hamilton, and George Washington and influences from Federalist No. 10 and Federalist No. 68. Early 19th-century changes involved state legislatures and the rise of the Democratic-Republican Party and Federalist Party; the Jacksonian democracy era expanded suffrage alongside contested reforms in the Electoral College. Reconstruction-era amendments—the Thirteenth Amendment to the United States Constitution, Fourteenth Amendment to the United States Constitution, and Fifteenth Amendment to the United States Constitution—reshaped franchise rules, while the Progressive Era introduced primary elections, exemplified by reforms in Wisconsin under Robert M. La Follette. The Seventeenth Amendment to the United States Constitution changed senatorial selection, and later reforms included the Nineteenth Amendment to the United States Constitution and the Voting Rights Act of 1965, contested in cases such as Shelby County v. Holder and litigated before the Supreme Court of the United States.

Major reform proposals and models

Reform proposals range from procedural adjustments to structural redesigns. Advocates for abolishing or modifying the Electoral College propose alternatives like the National Popular Vote Interstate Compact and constitutional amendments advanced by legislators such as Senator Elizabeth Warren and Representative Alexandria Ocasio-Cortez. Proportional representation models draw on the Single Transferable Vote, Mixed-member proportional representation used in Germany and New Zealand, and proposals advanced by scholars like Doug Wilder supporters and organizations such as FairVote. Instant-runoff voting, or Ranked-choice voting, has been adopted in jurisdictions like Maine, San Francisco, and Minneapolis, while multi-member district reforms appear in proposals associated with Representative Barbara Lee and advocacy from groups like the Campaign Legal Center. Reformers debate campaign finance reforms inspired by precedents like the Tillman Act of 1907, the Federal Election Campaign Act of 1971, and proposals to overturn Citizens United v. Federal Election Commission through constitutional amendment and legislation backed by organizations including Common Cause, Public Citizen, and Democracy 21.

Voting systems and ballot access

Ballot access disputes involve state constitutions and laws enforced by secretaries in Pennsylvania, Florida, Texas, and California. Litigation often reaches federal venues including the United States Court of Appeals for the Fifth Circuit and the United States Court of Appeals for the Ninth Circuit, with cases citing precedents like Anderson v. Celebrezze and Burdick v. Takushi. Reforms to voting systems encompass adoption of optical scan voting machines and electronic voting standards promulgated by the Election Assistance Commission, guidance from the National Institute of Standards and Technology, and audits such as risk-limiting audits championed by experts from MIT, Stanford University, and Princeton University. Ballot design controversies reference the 2000 United States presidential election and disputes in Palm Beach County, Florida, while third-party ballot access fights involve parties such as the Libertarian Party (United States), the Green Party (United States), and election law scholars like Elaine C. Kamarck.

Campaign finance and electoral administration

Campaign finance reform intersects with institutions such as the Federal Election Commission, Federal Communications Commission, Federal Reserve System in disclosure contexts, and legal standards from cases like Buckley v. Valeo and McCutcheon v. Federal Election Commission. Proposals include public financing systems similar to Arizona Citizens Clean Elections Act and Vermont's public financing experiments, small-donor matching models in New York City and Seattle, and transparency measures advocated by Sunlight Foundation and OpenSecrets. Administrative reforms address voter registration modernization (e.g., motor voter laws inspired by the National Voter Registration Act of 1993), same-day registration policies adopted in Oregon and Wisconsin, and administrative improvements pushed by officials like Jennifer Brunner and Kathleen Kennedy Townsend. Cybersecurity and integrity efforts coordinate among Department of Homeland Security, Cybersecurity and Infrastructure Security Agency, and state officials while drawing expertise from Carnegie Mellon University and University of Michigan researchers.

Implementation, litigation, and legislative efforts

Implementation often occurs via state legislatures in New York (state), Massachusetts, Arizona, and Georgia (U.S. state), or through ballot initiatives in California, Colorado, and Washington (state). Landmark litigation has taken place in federal courts including the United States District Court for the Southern District of New York and the United States District Court for the District of Columbia, with notable judges such as Richard Posner and Amul Thapar appearing in appellate opinions. Legislative strategies include constitutional amendment proposals in the United States Senate and the United States House of Representatives, interstate compacts among states like Maryland, Rhode Island, and New Jersey, and model legislation from groups such as the Uniform Law Commission. Advocacy has led to reforms codified by governors like Andrew Cuomo, Gavin Newsom, and Charlie Baker and rescinded or revised by successors, illustrating the contested nature of implementation.

Public opinion and advocacy movements

Public sentiment is measured by polling organizations such as the Pew Research Center, Gallup, and Pew Charitable Trusts studies, showing varied support for ranked-choice voting, abolishing the Electoral College, and campaign finance limits. Advocacy movements include MoveOn.org, Women’s March, Black Lives Matter, and organizations like Brennan Center for Justice, Bipartisan Policy Center, and League of Women Voters; political actors such as Barack Obama, Hillary Clinton, Donald Trump, and Joe Biden have influenced public debate. Grassroots campaigns in cities like Seattle, Portland, Oregon, and Burlington, Vermont showcase local organizing strategies, while national coalitions—National Popular Vote Inc., People For the American Way, and Coalition for Free and Open Elections—coordinate litigation, ballot initiatives, and legislative lobbying to advance reform goals.

Category:Electoral reform