Trump won fewer votes, but the system, in its wisdom, said he won his first election anyway. Is it any wonder, then, that in 2020 when a majority of the voting public rejected his bid for power a second time, the former president immediately turned his attention to manipulating that system in order to remain in power? And make no mistake, Trump’s plot hinged on the complexities of the Electoral College.
“Following the election, President Trump worked ruthlessly to convert loss into victory, exploiting pressure points and ambiguities in the protracted and complex process, partly constitutional and partly statutory, that we refer to collectively as the Electoral College,” observed the legal scholar Kate Shaw, who is also a contributing opinion writer to this newspaper, in a 2022 article for The Michigan Law Review. This “baroque and multistep process,” she continued, “afforded Trump a number of postelection opportunities to contest or undermine, in terms framed in law and legal process, the results of an election he had plainly lost.”
Rather than try to call out the Army or foment a mob, Trump’s opening gambit in his attempt to overturn the election was to contest our strange and byzantine system for choosing presidents — a system that runs as much on the good faith of the various participants as it does on law and procedure. And so, before Jan. 6, there was the attempt to delay certification of electors; the attempt to find new electors who would vote in Trump’s favor; the attempt to pressure Republican-led state legislatures into seizing the process and deciding their elections for Trump; and the attempt to pressure the vice president into throwing the election to the House of Representatives, where statewide Republican delegations would give Trump the victory he couldn’t win himself.
But it’s not just that our process for choosing presidents is less resilient than it looks. In addition to its structural flaws, the Electoral College also inculcates a set of political fictions — like the idea that a “red” state is uniformly Republican or that a “blue” one is uniformly Democratic — that can make it easier, for some voters, to believe claims of fraud.
There is also the broader problem of the American political system when taken in its entirety. There is the inequality of voting power among citizens I mentioned earlier — some votes are worth much more than others, whether it’s a vote for president, senator or member of the House — and the way that that inequality can encourage some voters to think of themselves as “more equal” and more entitled to power than others.