Talk Elections

IMO the proportional method should be used in states with 10 or more electoral votes.  Would it be Constitutional for Congress to pass a bill making this change or would it require an amendment?  Also, would either party support such a measure?  It seems more likely to me to have more Republican support simply because Republicans win most of the small states and don't depend as heavily on large ones like California, New York, Pennsylvania, and Illinois.

This would require an amendment. And why 10?

^^^

You could easily do it with all states

In 2004 Bush would have netted a cool 17 EV's gain from this method (there's no difference between Hare-Niemeyer and D'Hondt).

AZ Bush 6 Kerry 4
CA Kerry 30 Bush 25
FL Bush 14 Kerry 13
GA Bush 9 Kerry 6
IL Kerry 12 Bush 9
IN Bush 6 Kerry 4
MD Kerry 6 Bush 4
MA Kerry 8 Bush 4
MI Kerry 9 Bush 8
MO Bush 6 Kerry 5
NJ Kerry 8 Bush 7
NY Kerry 18 Bush 13
NC Bush 8 Kerry 7
OH Bush 10 Kerry 10
PA Kerry 11 Bush 10
TN Bush 6 Kerry 5
TX Bush 21 Kerry 13
VA Bush 7 Kerry 6
WA Kerry 6 Bush 5
WI Kerry 5 Bush 5

Actually, it wouldn't require an amendment, each state could just pass the law to assign their electors that way themselves, much like Colorado considered doing.

A better alternative would be to divide the 'house' EVs proportionally and then add the two 'senate' votes to whoever wins the state. (of course, this wouldn't be perfect in small states.)

That why I chose 10 as the cutoff.

The small states already have too much power with the electoral college, and this would give them even more power.

Not only does it not require an amendment, Congress could mandate a proportional system, just as it has mandated the use of single member districts and no at-Large seats.

I thought that was the SC? My mistake, then.

The Supreme Court has put its own fingers into the apportionment process, and it has been far readier to find fault with schemes that include multiple member districts or at-large seats, but it hasn't made such schemes automatically beyond the pale.  Congress likely went to a mandate for single member districts so as to cut down on redistricting lawsuits, but it would be possible, especially if we got a court that kept out of redistricting issues, to go back to something other than single member districts being used without having to overturn any precedents or amend the constitution.

Congress has explicit authority with regard to the time, place, and manner of electing members of Congress.  They have required election from single member districts.  The USSC has required a extreme level of population equality.

Congress only has the authority to set the date that presidential electors are chosen and when they cast their votes.  An exception is for the electors for the District of Columbia where they act as the equivalent of a state legislature.