GOP's Dirty Tricks Begin, Op-Ed Columnist, NY Times

By BOB HERBERT Published: September 18, 2007

The folks who gave us the Willie Horton ads, the Swift boat campaign, the purges of black voters in Florida and endless other dirty electoral tricks are at it again.

Like crack addicts confronting the irresistible vial, the evil geniuses of the G.O.P. can’t seem to help themselves. This time — with an eye toward seizing the White House again next year, even if they lose the popular vote — they’re trying to rewrite the rules for the distribution of electoral votes in California.

Under current law, all of California’s 55 electoral votes go to the presidential candidate who wins the popular vote statewide. This “winner take all” system is the norm in the U.S. It’s in place in all but two states, Maine and Nebraska, which have just four and five electoral votes, respectively.

Now comes a move, from lawyers with close ties to the Republican Party, to scrap the current system in California and replace it with one that would divide up the electoral votes in a way that would likely give 20 or more of them to the candidate who loses the popular vote in the state.

Democrats fear, correctly, that this maneuver could checkmate even their best efforts to win back the White House next year.

California is widely expected to go Democratic in the presidential election. Its 55 electoral votes are a hefty chunk of the 270 needed to win, and thus crucial to Democratic hopes.

Under this new proposal, the 20 or more electoral votes that would be denied the winner of the statewide vote in California, could well be enough to hand the White House to a Republican candidate who loses the popular vote nationally.

“Their idea is to have California be the only big state to do this,” said Chris Lehane, a Democratic strategist who is supporting Senator Hillary Clinton’s candidacy. “If the Republicans can poach 20 electoral votes from the Democrats in California, that’s the same as winning all the electoral votes in Ohio. You’re basically giving them the election.”

The effort to change the way Californians vote for president has been cloaked in the typically deceptive garb that the G.O.P. pulls out for its underhanded maneuvering. The proposal has been dubbed the “Presidential Election Reform Act.” It is being led by Thomas Hiltachk of Bell, McAndrews and Hiltachk, a law firm that has represented both the state Republican Party and G.O.P. Governor Arnold Schwarzenegger.

According to The Associated Press, the firm was also linked to a political committee, largely funded by Bob Perry, that targeted Democratic candidates in 2006. Mr. Perry, a longtime supporter of George W. Bush, contributed millions of dollars to the Swift Boat Veterans for Truth, whose intense and deceptive campaign in 2004 was so damaging to the candidacy of John Kerry.

This crowd is no more interested in genuine electoral reform than Britney Spears is.

Mr. Hiltachk and his operatives are trying to gather enough signatures to get their proposal before the voters as a California ballot initiative next June. If they succeed, and the voters approve the initiative, the rules for apportioning the state’s electoral votes would be changed for the 2008 presidential election.

Instead of “winner take all,” 53 of the state’s 55 electoral votes would be apportioned according to the winner of the presidential popular vote in each of the state’s 53 Congressional districts. A single vote would be awarded to the winner in each district. (The other two votes would still go to the statewide winner.)

John Kerry defeated George W. Bush in California in 2004 and collected all of the state’s electoral votes. But Mr. Bush won the popular vote in 22 of the state’s Congressional districts. If this proposed system had been in effect, 22 electoral votes would have been withheld from Mr. Kerry and given to Mr. Bush.

“This clearly is a power grab by the Republican Party,” said John Travis, a longtime political science professor at Humboldt State University in California. Mr. Travis believes that while there may be problems with the Electoral College system, this is not the way to fix it.

“This is simply a way for the Republicans to manipulate California’s electoral votes to their advantage,” he said.

Democrats do not have perfectly clean hands when it comes to this sort of thing. A similar effort by Democrats in North Carolina was scrapped at the insistence of national party leaders, and not a moment too soon.

What the Democrats need to do now is make sure that California voters understand that they are the latest targeted pawns in the G.O.P.’s longstanding efforts to undermine not just the Democrats but democracy itself.