Richmond times-dispatch. [volume] (Richmond, Va.) 1914-current, 1916-11-13
Splitting the Electoral Vote

THAT query as to the splitting Of the cleo
l toral vote in the State of Washington,
printed in another column. illustrates what
seems TO he a widespread misconception of
the functions and rights of presidential
electors. Many times during the tense hours
following the closing OF the polls. the state
ment that California could split its electoral
vote was made. coupled with either the as
scrtion or the implication that no other State
had that power. That mistake probably
grew ont OF the fact that California was the
only state that divided its electoral vote in
1872. and popular memory was somewhat
vague as to elections before 1912.
As Il matter OF fact. every State in the
Union can divide its vote as its voters see
fit, and seven Of them have split their electoral
votes in the nine presidential elections pre-
Ceding that of Tuesday. California has di-
yided four times, Maryland twice, and Ken
lucky. Michigan, North Dakota. Ohio and
Oregon once each. Further, strange as il
may seem to the orthodox mind. the electors
themselves are not bound by any legal re-
q%uiremcnt to cast their ballots for the can
didate for whom they were selected to vote.
They always have done SO, and doubtless
they always will. but in theory at least they
have the same freedom as other representa-
tiycs OF the people, though bound by q tacit
pledge.
The Constitution OF the United States,
undere which the plan Of selecting a Presi-
GsNl ny the votes OF electors Is secured, pro-
vides that each State shall appoint. in such
manner as the Legislature thereof may direct,
Il number OF electors equal TO the whole num-
ber OF Senators and Representatives to which
the State may he entitled in Congress- And
the twelfth amendment prescribes the method
of counting the ballots OF these electors. and
the procedure to he followed in case no can
didate receives 4 majority OF the electoral
votes. Federal legislation also provides for
the settlement OF controversies growing out
OF conflicting returns from individual States.
These are the only directory Federal laws in
point.
In the beginning the Legislatures of the
States designated the electors. who scattered
their votes as they pleased. Other methods
We're tried by an increasing number of States,
hut il was not until 1876 that the last State,
Colorado, abandoned the scheme OF legisla-
tiv" selection. Since that time. except for
instances in several states Of a choice OF
electors by districts, the method Of choosing
electors by popular vote on IL general State
ticket has prevailed.
But the theory OF tile electoral colleges
power has remained unchanged. The States
have made elaborate election laws, setting
out how electors must be voted for. pre-
scribing III" form oil the ballot, as in this
state, where the names of the candidates for
President and Nice-president must be printed
on tho ballots along with the names
va '"' o.e1t"i9 nominated ny the polltlcal
party OF each candidate. Nevertheless, the
people vote for the electors. and the people
can split their votes as they please.
y rs true. q divided electoral body can
result only in States where the popular vote
is close, or where the great popularity OF
some individual nominated for clector, or
the equally great unpopularity Of one nomi-
mated by tho opposing party, may have a
stronger effect than the voters preferences
IN Na,loia! politics. This is only Il question
OF votes, however. So far as the law governs,
there Is nothing to proven, a split electoral
vote in any State.