The electoral college is an extraordinarily complex mechanism for selecting a president. State and national laws drawn to implement the electoral college system have only added to the complexity—and the risks of a malfunction. The allocation of electoral votes among the states may not accurately represent the citizens resident in those states. Electors are not wise elites, and they may make errors or violate their charges when casting their votes. The constitutional provisions and laws required to implement the electoral college are open to multiple interpretations and may well involve Congress and the courts in partisan wrangling over which candidate won a state and which electoral votes to count. Their decisions may misrepresent the public’s wishes. Donald Trump’s attempts both to create alternative slates of electors and to reject certified electors from states won by Joe Biden could only occur because there was an electoral college. The absence of a right to vote in presidential elections is certainly inconsistent with our notions of democracy. Similarly, the selection of the ultimate choosers of the president—electors—by party committees is contrary to our notions of transparency and popular participation. Allowing a state legislature to choose the winning slate of electors of a state makes a mockery of popular selection of the president.

The electoral college violates political equality. It is not a neutral counting device. The use of the unit-vote system, the allocation of electoral votes among the states, differences in voter turnout among the states, and the vagaries of the size of the U.S. House of Representatives allow the electoral college to favor some citizens over others, depending solely upon the state in which voters cast their votes for president. As a result, popular votes do not directly translate into electoral votes, and the candidate receiving the most popular votes may lose the election, as has happened twice in the twenty-first century. Thus, the electoral college is not just an archaic mechanism for counting the votes. It is an institution that aggregates popular votes in an inherently unjust manner. In addition, electors may violate their oaths to support their party’s candidates, and many U.S. citizens are disenfranchised.