| Publication |
2013.
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| Summary/Abstract |
Defenders of the Electoral College frequently assert that victory in the Electoral College requires a winning candidate to "produce a coalition of states with wide and diverse interests" thereby producing "a broadly based electoral victory." These defenders never stop to consider the fact that in a close election the difference between the winning and losing coalition of states may depend on highly contingent factors. In a 2003 article in this journal Neubauer and Zeitlin demonstrated that George W. Bush's Electoral College victory in 2000 depended on the size of the House of Representatives. In this article I demonstrate that the outcome of the 2012 election could have depended on the 2012 Electoral College being based on the newly apportioned incoming House rather than the previously apportioned outgoing House. This is a statutory specification rather than a constitutional requirement. It could be changed by simple legislation. We have Elbridge Gerry's suspicions to thank for this statutory contingency!
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