The winner-take-all presidential system is unconstitutional. We’re taking it to court.

Jason Harrow @ USA Today Mar 8, 2018

There’s no legal justification for states’ use of winner-take-all. It’s an unconstitutional way to pick the electors who cast votes for president.

In the Electoral College, winner-take-all is the name of the game in nearly every state. It’s why swing states are so critical: Winning a state by just a few thousand votes can lead to a huge haul of electoral votes, but losing by just a few means going away empty-handed. So winner-take-all leads to millions of votes being tossed out, and to a question few have considered until recently: Is the winner-take-all allocation of Electoral College votes even legal?

Up to now, most people have thought of winner-take-all as just the weird, quirky way we elect presidents in our country. America’s done it this way for centuries, they think. This is the system required by the Constitution, they might even think. So of course it’s legal, they conclude.

Lessig @ The Hill: Electoral College confusions

Electoral College Confusions Lessig @ The Hill October 31, 2018 Civil rights activists are challenging the legality of four states’ winner-take-all method of allocating U.S. presidential electoral college votes, claiming the practice magnifies some votes at the...

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