Press Release 12/16/2016

Lawsuit to Repeal the Electoral College

We as ordinary citizens recently filed a lawsuit to repeal the slavery-era Electoral College and to compel the Congress to fulfill their constitutional duty to make laws to ensure Equal Protection of voting rights guaranteed by the 14th Amendment. The U.S. District Court has scheduled the Initial Pretrial Conference on March 17th 2017. Our lawsuit does not represent any party or any candidate, nor does it aim to overturn the election result in 2016.

Our country, the United States of America, was founded upon the fundamental ideal enshrined in the Declaration of Independence: “All Men [People] Created Equal” with unalienable Rights for Life, Liberty and the Pursuit of Happiness.

To achieve this ideal, unprecedented at the time, our founding father established the core principle of constitutional democracy, declared in the Preamble to the Constitution: “We the People of the United States, in order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity…” President Lincoln later reaffirmed this core democratic principle in his Gettysburg address, “government of the people, by the people, for the people”. Note that, both the Constitution and Lincoln clearly stated “the People”, NOT “the states”.

However, miscarriage of democracy, i.e. the will of a clear majority of voters being overturned, has taken place twice in the five presidential elections since 2000. Therefore, there has been as high as 40% of election results in the 21st century that the loser of the popular vote has won the presidency of the most powerful democracy on earth. Such utterly undemocratic and outrageous injustice has been the direct result of the Electoral College system.

The Electoral College originated in the infamous “three-fifths” compromise within the 1787 Constitution which counted the slave population as three-fifths when appointing representatives and electors. Such shameful trickery was devised deliberately to give huge advantage to the small population of slave-owners in the South. It was no accident that four of the first five presidents were slave-owners in Virginia.

According to the latest Census Data 2013, Wyoming has the least population of 582,658 with 3 electoral votes (EV) allocated, while New York, our home state, has a population of 19,651,127 with 29 EVs allocated. This means, WY gets 1 EV per 194,219 persons, whilst NY gets 1 EV per 677,625 persons. Therefore, a NY resident is worth only 29% of a WY resident in terms of EV allocated. Such inequality gets worse for residents in the top two states, 28% for both California and Texas.

In fact, a resident in any of the top 43 states (98% of the national population) ranked by population would be worth less than 60% of a resident in Wyoming.  What is the justification that in today’s America, a huge majority, 98% of the population are valued even less than the slaves were 230 years ago!

For “All People Created Equal” to hold true, it must demand, foremost, equal respect of human dignity. And nothing manifests human dignity more than a free person’s sacred vote. The Right to Vote becomes meaningless if the value of each vote is not equal. However, this is exactly what we have under the Electoral College system, the value of each vote is vastly unequal from one state to the next.

Therefore, the Electoral College is not only in gross contradiction of our country’s founding ideal, but also in stark violation of the Equal Protection clause in the 14th Amendment that essentially guarantees the basic democratic principle of “One Person One Vote, and Every Vote Is Equal.”

From Mayors to House Representatives, from Senators to Governors, all these offices are elected by direct popular votes which reflects the democratic principle and basic fairness of “one person one vote, every vote is equal”. The presidency is responsible for and accountable to all people in this country, rather than the states or electors. Hence, the Electoral College not only distorts the will of the people, but also violates the accountability to its constituents.

At the beginning of our country, only the small population of white male property owners had the exclusive right to vote (RTV), slaves were counted only three-fifths, people without property, people of minorities, and all women were denied the RTV vote, young people were drafted to fight for the country but not allowed to vote. After the Civil War the Jim Crow laws in the South deliberately discriminated against minority people and deprived their RTV.  The usual argument of protecting the states of small population was essentially the same argument that was used to preserve the oppression of the majority population by the small population at every stage of history.

From the original Constitution in 1787 to the 13th Amendment in 1865, the 14th in 1868, the 15th in 1870, the 19th in 1919, the 24th in 1964, and finally the 26th in 1971, plus the Civil Rights Act 1964 and Voting Rights Act 1965, the advancement of the RTV has been a long hard-fought journey. It took courage, actions, sacrifices and persistence to overcome all of the aforementioned injustices.

Fellow Americans, it is long overdue to end the Electoral College, such grave injustice rooted in the slavery era. Please help spread the word, and join us to fight for our country’s founding ideal, core democratic principle, basic fairness and social justice:

Abolish the Electoral College, Achieve “Equal Vote for all Americans” regardless of state of residency!