SENATE JOINT RESOLUTION NO. 325 Offered January 10, 2007 Prefiled December 18, 2006 Establishing a joint subcommittee to study Virginia's method of allocating Electoral College votes.  Report. ---------- Patron-- Miller ---------- Referred to Committee on Rules ----------

WHEREAS,  Article II, Section 2 of the Constitution of the United States establishes an electoral college and allows states flexibility in the manner of selecting electors and allocating their votes; and

WHEREAS, the General Assembly in 2001 (House Joint Resolution 651) recognized the merits of the Electoral College established under Article II, Section 2 as including (i) its reflection of national diversity and a healthy tension between vast rural and populous urban centers, (ii) its role in assuring a balance of power among states and with the federal government, and (iii) its protection of a republican form of government giving citizens unequalled democratic liberty; and

WHEREAS, Article II, Section 2 allows states flexibility as to the manner of selecting electors and does not mandate any particular method of allocating electoral votes such as the "winner take all approach" currently used by 48 states, including Virginia; and

WHEREAS, two states, Maine and Nebraska, use a different method of allocating Electoral College votes based on congressional districts; and

WHEREAS, bills to adopt the Maine and Nebraska method of allocating electoral votes in Virginia have been proposed in six sessions but never voted on in either house; and

WHEREAS, the "winner take all" allocation has been criticized on numerous grounds, including  (i) its sensitivity to population changes, which could give disproportionate weight to states with large immigrant populations; (ii) its failure to give equal weight to voters and disproportionate amplification of the voting power of small states; (iii) its disenfranchisement of minority voters in a state where electors are bound to vote according to the majority choice; (iv) its failure to select the presidential candidate who won the popular vote on four occasions (1824, 1876, 1888 and 2000); (v) the disproportionate attention it causes candidates to focus on electoral votes in "swing" states without a clear party identification, rather than on voters in all states; (vi) its shutting out third party candidates unable to secure a plurality in any state; and (vii) its potential to require that elections--even those without a close national popular vote--be decided by Congress, giving smaller states an even greater advantage under the Twelfth Amendment; and

WHEREAS, federal legislation has been proposed to exclude illegal aliens from the population counted in apportioning representatives among the states; and

WHEREAS, the current "winner take all" allocation system may discourage participation and contribute to low voter turnout, particularly in states identified with a particular party; and

WHEREAS, recent public opinion polls from four states and national Gallup polls since 1944 show most voters favor nationwide popular election of the President; and    

WHEREAS, in 2005, FairVote, a nonprofit, nonpartisan organization tax exempt under 26 U.S.C. § 501 (c) (3), began promoting a plan to reform the Electoral College through an interstate compact under which each participating state agrees to allocate its Electoral College votes according to the national popular vote; and

WHEREAS, FairVote makes available draft legislation to participate in the interstate compact; and

WHEREAS, six states currently are considering legislation to effect the national popular vote plan and California's legislature has passed legislation approving the plan; and

WHEREAS other reforms have been proposed to improve the fairness of the Electoral College; and

WHEREAS, federal legislation has been proposed to abolish the Electoral College and to eliminate the flexibility currently allowed states; now, therefore, be it

RESOLVED by the Senate, the House of Delegates concurring, That a joint subcommittee be established to study Virginia's method of allocating Electoral College votes. The joint subcommittee shall have a total membership of 12 members that shall consist of eight legislative members, three nonlegislative citizen members, and one ex-officio member. Members shall be appointed as follows: three members of the Senate to be appointed by the Senate Committee on Rules; five members of the House of Delegates to be appointed by the Speaker of the House of Delegates in accordance with the principles of proportional representation contained in the Rules of the House of Delegates; one nonlegislative citizen member to be appointed by the Senate Committee on Rules, who shall be a representative of a public policy center at one of the Commonwealth's public institutions of higher education; and one representative each from the two major political parties in Virginia to be appointed by the Speaker of the House of Delegates.  The Secretary of the State Board of Elections shall serve ex-officio with nonvoting privileges. Nonlegislative citizen members of the joint subcommittee shall be citizens of the Commonwealth of Virginia. Unless otherwise approved in writing by the chairman of the joint subcommittee and the respective Clerk, nonlegislative citizen members shall only be reimbursed for travel originating and ending within the Commonwealth for the purpose of attending meetings. If a companion joint resolution of the other chamber is agreed to, written authorization of both Clerks shall be required. The joint subcommittee shall elect a chairman and vice chairman from among its membership.

In conducting its study, the joint subcommittee shall (i) evaluate the present Virginia allocation method and its effect on voters and the objectives of the Voting Rights Act, (ii) examine the effect of noncitizens on the weight of Virginia's votes under the current system, (iii) review alternative allocation methods under consideration and used in other states with particular attention to the National Popular Vote plan, (iv) examine the impact of proposed federal legislation, and (v) consider both constitutional and statutory changes in the process.

Administrative staff support shall be provided by the Office of the Clerk of the Senate. Legal, research, policy analysis, and other services as requested by the joint subcommittee shall be provided by the Division of Legislative Services. All agencies of the Commonwealth shall provide assistance to the joint subcommittee for this study, upon request.

The joint subcommittee shall be limited to four meetings for the 2007 interim and four meetings for the 2008 interim, and the direct costs of this study shall not exceed $9,200 for each year without approval as set out in this resolution. Approval for unbudgeted nonmember-related expenses shall require the written authorization of the chairman of the joint subcommittee and the respective Clerk.  If a companion joint resolution of the other chamber is agreed to, written authorization of both Clerks shall be required.

No recommendation of the joint subcommittee shall be adopted if a majority of the Senate members or a majority of the House members appointed to the joint subcommittee (i) vote against the recommendation and (ii) vote for the recommendation to fail notwithstanding the majority vote of the joint subcommittee.

The joint subcommittee shall complete its meetings for the first year by November 30, 2007, and for the second year by November 30, 2008, and the chairman shall submit to the Division of Legislative Automated Systems an executive summary of its findings and recommendations no later than the first day of the next Regular Session of the General Assembly for each year. Each executive summary shall state whether the joint subcommittee intends to submit to the Governor and the General Assembly a report of its findings and recommendations for publication as a House or Senate document. The executive summaries and reports shall be submitted as provided in the procedures of the Division of Legislative Automated Systems for the processing of legislative documents and reports and shall be posted on the General Assembly's website.

Implementation of this resolution is subject to subsequent approval and certification by the Joint Rules Committee. The Committee may approve or disapprove expenditures for this study, extend or delay the period for the conduct of the study, or authorize additional meetings during the 2007 and 2008 interims.