Electoral College’s winner-take-all system is unconstitutional, lawsuit alleges

Salon Feb 23, 2018

Four federal lawsuits have been filed arguing that while the Electoral College may be enshrined in the Constitution, the winner-take-all system utilized by it is not.

The lawsuits, which have been filed by the attorney David Boies from the law firm Boies Schiller Flexner and by the League of United Latin American Citizens, was made possible by a crowdfunding campaign started by Harvard University law professor Lawrence Lessig.

“By magnifying the impact of some votes and disregarding others, the winner-take-all system is not only undemocratic, but it also violates the Constitutional rights of free association, political expression, and equal protection under the law,” Boies Schiller Flexner explained in a press release on Friday. “These suits aim to restore those rights nationwide. The non-partisan effort will draw on the resources of several law firms in advancing legal challenges in two states that are solidly blue, Massachusetts and California, and two others that are solidly red, South Carolina and Texas.”


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