Press Release

Petition Against the Electoral College Submitted to the U.S. Supreme Court

 

New York City [09/16/2018]: Following the dismissal decision by the U.S. Court of Appeals for the Second Circuit Court on 07/10/2018, we have submitted the Petition for a Writ of Certiorari to the U.S. Supreme Court.

America is the only developed democracy where the will of the majority of voters has been suppressed in two of five presidential elections since 2000. In fact, such miscarriage of democracy took place in three other elections, namely 1824, 1876 and 1888. The root cause for such outrageous travesty of democracy? The Electoral College.

Under the Electoral College and based on the 2016 Census Data,

Therefore, in terms of each electoral vote allocated,

The 1787 Constitution counted slaves as only 60% of a person in allocating electoral votes. Therefore, 98% of Americans today in 2018 are counted in a manner even worse than a slave 231 years ago by the same measure. 

Residents of all 50 states are subject to the same federal laws and taxes. Nevertheless, residents’ voting rights in more populous states have been significantly debased and diluted relative to those in less populous states. According to the latest available data on federal taxation and spending in Fiscal 2014 on a per capita basis for every dollar paid in federal tax:

Presidential elections are supposed to be national elections, but thanks to the Electoral College and the Winner-Takes-All system, have been reduced to a contest in only a dozen of battleground states. Fairvote.com reported 91.5% of campaign activities occurred in just 11 swing states which accounted for only 25.6% of national population. This means the residents in the other 39 states and DC (74.4% of national population) were basically relegated to bystanders, whose voices were unheard, and concerns were ignored. It is worth noting that none of the nine least populous states was among these 11 swing states, hence debunking another myth that the Electoral College enables the less populous states to have a voice in presidential elections.

America was founded on these core principles:

For these founding principles to hold true, (1) the human dignity of each person must be equally respected, and nothing manifests human dignity more than a free person’s sacred vote; and (2) the legitimacy of presidency must come from the will of majority voters whose votes are counted equally regardless of state residence.

The key legal arguments to repeal the Electoral College are as follows:

  1. For every American a ballot represents one’s humanity dignity (life), consent (speech), freedom to choose (liberty), and citizenship privilege (intangible property). By demeaning and diluting the majority of Americans’ vote based on state residence, the Electoral College has violated multiple and subsequent constitutional provisions: the Comity clause, the 1st, the 5th and 14th
  2. Based on #1, the Court has the duty (Cotting v. Godard 1901) and power (Article III 2 and Marbury v. Madison 1803) to declare the Electoral College clause no longer constitutional.
  3. Based on #2, Congress has the duty and power (14A Sec. 5) to enact new laws to enforce the 14A with guarantees equal voting right “not be abridged” in any election.
  4. While abolishing the Three-Fifths clause, the 14A still excluded “Indians not taxed.” This was clearly unjust to our fellow Native Americans and self-contradictory within the 14A. First, the 68th Congress passed the Indian Citizenship Act (ICA) 1924; then the 90th Congress finally rectified this injustice by passing the Indian Civil Rights Act (ICRA) 1968. This precedent showed no amendment is needed because the 14A already provided the constitutional basis and power for Congress to enact new laws rectifying an existing violation of civil rights and voting rights caused by the 14A itself.

Without “Every Vote Equally Counted”…

No single American should be counted less than a person. No single vote should be counted less than another vote. This is about the shared belief and common humanity for all Americans, rather than a partisan issue.

We, regardless of state residence, are citizens of United States of America, NOT animals of the fable Animal Farm by George Orwell where some animals are “More Equal” than the others.

Spread the word, and come join us to fight for equal voting right, our democracy and the founding ideal of our country! 

 

Dear Friends, as independent ordinary citizens, we have not solicited any contribution in any form from anyone, and will continue so as long as we are able to finance our mission by ourselves.

A Brief Overview

The Equal Vote America Lawsuit


The History of Electoral College

The Cases Against Electoral College


Flawed Arguments for Electoral College

The Long Hard-fought Journey