- The Washington Times - Wednesday, February 26, 2020

The winner-take-all systems used in Texas and dozens of other states awarding electoral college votes to one presidential candidate is legal, a federal appeals court ruled Wednesday.

A Hispanic advocacy group had argued at the 5th U.S. Circuit Court of Appeals earlier this month that states treating elections as winner-take-all is an affront to the concept of one person, one vote.

The League of United Latin American Citizens has also filed lawsuits across the country in an attempt to force changes to the electoral college system.

But the three-judge panel in a unanimous opinion Wednesday said the group’s argument is “flawed.”

“Democratic elections necessarily result in winners and losers. The frustration of losing, however, does not violate the Constitution,” wrote Judge Jerry Smith, a Reagan appointee.



The two other judges on the panel were Judge W. Eugene Davis, a Reagan appointee, and Judge Carl E. Stewart, a Clinton appointee.

Texas is one of 48 states that does winner-take-all. Maine and Nebraska actually do allocate electoral votes based on who wins in each congressional district, with the overall state winner getting the rest.

The proposal the group has been pushing in various jurisdictions would award a state’s total electoral votes proportionally to the overall vote percentage awarded for each candidate.

In 2016, Hillary Clinton won the overall vote in Maine, and won in one of its two congressional districts. But Mr. Trump got more votes in the other district, so the state split its four votes with her claiming three and him getting one.

LULAC has sued Massachusetts, California and South Carolina, too.

The group said it is disappointed in the decision, and considering its options.

“We plan to consider appealing to the full court panel or to the US Supreme Court where we believe this case will ultimately be decided. Winner-Take-All electoral politics is a rigged system that dilutes the votes of Latinos and other minorities in states like Texas, California, Massachusetts and South Carolina.” said Domingo Garcia, the group’s president.

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