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California Fox affiliate misrepresented GOP's electoral-vote measure

September 13, 2007 5:37 pm ET

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SUMMARY: On KTTV, Fox's Los Angeles affiliate, correspondent John Schwada reported that "there are several new plans to further boost the power of California voters," referring to separate Republican and Democratic ballot initiatives that would change the way the state's electoral votes are awarded. But Schwada did not explain how the Republican initiative to award votes by congressional district would "boost the power of California voters." Under the state's current winner-take-all system, California currently awards 55 electoral votes to its winner, far more than any other state. Under the GOP plan, the state would give far fewer electoral votes to its winner. This, by definition, reduces the power of California voters.

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On the September 12 edition of Fox 11 Ten O'Clock News on KTTV, Fox Broadcasting's Los Angeles affiliate, correspondent John Schwada reported that "there are several new plans to further boost the power of California voters," referring to separate Republican and Democratic ballot initiatives that would change the way the state's electoral votes are awarded. Schwada's statement echoed a claim he aired from Republican strategist Kevin Eckery, who said of the Republican initiative: "I think it'll make a huge difference in California, because for the first time, people are going to have to spend quality time here, and they're going to have to find out what Californians think about before they vote in Washington." But Schwada did not explain how the Republican initiative, which would award 53 of the state's 55 electoral votes to the winner of each congressional district and the remaining two votes to the winner of the statewide popular vote, would "boost the power of California voters." Under the state's current winner-take-all system, California currently awards 55 electoral votes to its winner, far more than any other state. Under the GOP plan, it would be essentially impossible for the winner of California to gain 55 electoral votes. Indeed, if this plan had been in effect in 2004, California would have awarded Sen. John Kerry (D-MA) 33 electoral votes, with 22 electoral votes going to President Bush. Rather than providing a margin of 55 electoral votes to its winner, California would have provided an 11-vote margin -- reducing California's clout to that of Indiana.

Moreover, California has only three congressional districts that Kerry or Bush carried by 5 percentage points or fewer during the 2004 presidential election, and thus campaigns would presumably have little incentive "to spend quality time here," as Eckery claimed. It would make little sense for a presidential candidate "to spend quality time" in a state offering as few potentially competitive electoral votes as Wyoming or Delaware, instead of campaigning in "swing" states like Ohio (20 electoral votes) or Florida (27 electoral votes).

Further, despite opening his report by asserting that "there are several new plans to further boost the power of California voters" and closing it by stating that "the approval of any of these measures could trigger a California-sized political earthquake on the national scene," Schwada devoted only a single sentence to describing measures proposed by Democrats, asserting that "Democrats in the state Capitol have their own plan to give the state's huge voter base more impact, by eventually undoing the Electoral College system." By contrast, Schwada aired clips of Eckery and Democratic strategist Ari Swiller discussing the Republican-backed initiative.

Schwada described the Republican initiative as a "plan to end the winner-take-all system that currently awards all 52 [sic: 55] of the state's electoral votes to one candidate, the top vote-getter." He added: "The GOP alternative would split up the votes among the candidates, roughly based on how much of the popular vote they got." However, while Schwada asserted that the plan would "boost the power of California's voters," and Eckery said that the initiative would force candidates to "spend quality time here," according to a Media Matters for America analysis of data from the Almanac of American Politics, published by the nonpartisan National Journal Group, only three California congressional districts were carried by 5 percentage points or fewer in 2004, providing presidential candidates little reason to extensively campaign in the state if electors were chosen by district rather than statewide:

CD

% Kerry

% Bush

% Diff

 

CD

% Kerry

% Bush

% Diff

Statewide

54

44

10

 

27

39

59

20

1

60

38

22

 

28

71

28

43

2

37

62

25

 

29

61

37

24

3

41

58

17

 

30

66

33

33

4

37

61

24

 

31

77

22

55

5

61

38

23

 

32

62

37

25

6

70

28

42

 

33

83

16

67

7

67

32

35

 

34

69

30

39

8

85

14

71

 

35

79

20

59

9

86

13

73

 

36

59

40

19

10

59

40

19

 

37

74

25

49

11

45

54

9

 

38

65

34

31

12

72

27

45

 

39

59

40

19

13

71

28

43

 

40

39

60

21

14

68

30

38

 

41

37

62

25

15

63

36

27

 

42

37

62

25

16

63

36

27

 

43

58

41

17

17

66

33

33

 

44

40

59

19

18

50

49

1

 

45

43

56

23

19

38

61

23

 

46

42

57

25

20

51

48

3

 

47

49

50

1

21

34

65

31

 

48

40

58

18

22

31

68

37

 

49

36

63

27

23

58

40

18

 

50

44

55

11

24

43

56

13

 

51

53

46

7

25

40

59

19

 

52

38

61

23

26

44

55

11

 

53

61

38

23

Indeed, as San Francisco Chronicle editorial page editor John Diaz wrote in a September 9 column:

So clear is the partisan bent of these districts -- by design, with the assistance of sophisticated computer modeling -- that it's hard to imagine that more than a few would truly be up for grabs in any presidential election.

In reality, if California were to apportion electors by congressional district, its current prize of 55 electoral votes suddenly would be diminished to a competition for perhaps five electors (equivalent to Idaho or West Virginia) at the most.

Further, Tony Quinn, a former Republican consultant and the co-editor of the California Target Book, "a nonpartisan analysis of legislative and congressional elections," wrote an August 12 Sacramento Bee op-ed arguing that "Republicans have a sound public policy argument for this change," but admitted that "California's congressional districts are heavily gerrymandered to favor one party or the other" and that "[t]wenty are drawn to be safely Republican."

As Media Matters documented, on-screen text during a report on the August 23 edition of Fox News Live identified Eckery as "pro-reform" and Swiller as "anti-reform." But contrary to Fox's characterization of the two sides as "pro" and "anti" reform, Eckery has criticized the Democratic initiatives, which would also "change the way we elect a president in America."

From the September 12 edition of FOX affiliate KTTV's Fox 11 Ten 'O Clock News:

SCHWADA: Plus, there are several new plans to further boost the power of California voters. But that has Republicans and Democrats at each other's throats.

SWILLER: I can guarantee you, whatever it costs to defeat this initiative will be spent. It's a Karl Rove-like sneaky attack for sure.

SCHWADA: California Democrats are outraged by a Republican-backed plan to end the winner-take-all system that currently awards all 52 [sic: 55] of the state's electoral votes to one candidate, the top vote-getter. The GOP alternative would split up the electoral vote among the candidates, roughly based on how much of the popular vote they got. Republicans want their plan on the June 2008 ballot, hoping to significantly affect the November presidential election.

ECKERY: I think it'll make a huge difference in California, because for the first time, people are going to have to spend quality time here, and they're going to have to find out what Californians think about before they vote in Washington. We're going to make people actually run campaigns in California.

SCHWADA: But Democrats call it a Republican power grab.

SWILLER: This is definitely an effort to sidetrack an election in California.

CLINTON: I've taken them on, and we've beaten them.

SCHWADA: The Democratic opposition, no surprise. After all, the Democrats, under existing rules, would seem to have a lock on all of California's electoral votes. And they don't want to share any of them with the Republicans. Democrats in the state Capitol have their own plan to give the state's huge voter base more impact, by eventually undoing the Electoral College system. No doubt, the approval of any of these measures could trigger a California-sized political earthquake on the national scene. In Los Angeles, I'm John Schwada, Fox 11 News.

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    • Author by wzwriter (September 13, 2007 5:50 pm ET)
         

      Just goes to show - if it's on Fox, it's probably a lie....

      Report Abuse
      • Author by captfoster2 (September 14, 2007 7:56 am ET)
           

        If the Republican party wanted to show some real balls instead of this typical 'bully' type atacks in only specific states they would demand this kind of plan for every state in the union?

        Oh wait, they can't, they would lose every election from now on...... and they know it!

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    • Author by MonkeyMan (September 13, 2007 5:51 pm ET)
         

      From the news report.

      "Democrats in the state Capitol have their own plan to give the state's huge voter base more impact, by eventually undoing the Electoral College system."

      The Democrats want to do it the fair way, and undo the electoral college across the nation, which will then allow the people to elect the president. That change and will hopefully stop the candidates who avoid states like California and Texas because California is a Democratic-leaning state and Texas leans towards Republicans.

      The Republicans want to do it the unfair way, and change the policy in California without regard to that same change happening across the nation. That change in California will diminish California voters power, and this TV reporter said that it would strengthen their voting power. Just tell the truth. It's not that difficult!

      Report Abuse
    • Author by snoopy (September 13, 2007 5:54 pm ET)
         

      As I started to suspect, it really would increase the number of recounts we see every election. Great idea GOP, try to bankrupt the competition by forcing them to spend big bucks in court every election. Thanks, you lawyer hating hypocrites!

      Report Abuse
    • Author by pete592 (September 13, 2007 6:03 pm ET)
         

      I don't remember ever seeing MMFA going after a local affiliate before.  Cool.

      Report Abuse
      • Author by Sams Computer (September 13, 2007 8:18 pm ET)
           

        Yeah Pete ... Very Cool ... I like it a lot ... I want to see more of this.

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    • Author by Neocon (September 13, 2007 6:28 pm ET)
         

      I worked very hard to defeat Arnie's BS "special election" two years ago and we succeeded in handing him and the right wing nutcases that California unfortunately has to deal with (especially since chim chim the monkey puppet got selected as president) a humiliating defeat. I will work especially hard to defeat this idiotic power grab by the same nutjobs who brought us the recall boondoggle. Make no mistake that some conservative toe-tapper and sugar daddy will pony up the cash to send the signature gatherers to the central valley to get this thing on the ballot. Since this initiative is already polling in the negative gives me comfort but not much as these corrupt conservatives will come back and try to repackage this thing under something even more nuttier than what they are proposing now.

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      • Author by Sams Computer (September 13, 2007 8:30 pm ET)
           

        We Beat the Governators Special Election ...

        But we'll have to work much harder to beat this Republican initiative. They're going to flood the airways with dishonest ads to attract unknowing voters.

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    • Author by Neocon (September 13, 2007 6:35 pm ET)
         

      Oh... perhaps the California Democrats should put their own ballot initiative to redistrict every Republican congressional seat to insure they LOSE every election... maybe give them a little taste of their own bad medicine and see how they like it!

      Actually redistricting does not need voter approval as the Assembly can do it just about anytime (but only do it every ten years after the census)...

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      • Author by bittermarv (September 13, 2007 7:48 pm ET)
           

        The irony is that if there's a constitutional amendment that allowed Gov. Schwa to run, he would be hurt by the various Republican amendments.  Just like they've been kickin' themselves over presidential term limits for the past few decades.

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    • Author by buyavowel (September 14, 2007 12:34 am ET)
         

      Hey, cut 'em some slack - they don't understand electoral voting - how could they possibly explain it?

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      • Author by HuntingtonBeachLefty (September 14, 2007 2:57 am ET)
           

        Oh, they'll explain it. The scripts are in the works now.

        The California Voter Power Act.

        Super Extreme Patriot Vote Bill

        Bionic Cali Vote Smackdown Victory Rule

        Operation Golden State Freedom Voter War on Defeat

        I'm just helping them get started.

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        • Author by mary59 (September 14, 2007 11:25 am ET)
             

          You just gave away all the names they had planned to use!  You must have access to their inner sanctum.

          And I thought by all your other posts that you were a lefty.

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    • Author by Zoomie (September 14, 2007 8:54 am ET)
         

      I'm curious...why doesn't anyone mention the Repuglican initiative is unconstitutional?

      Article II, Section 1 of the US Constitution says electors are appointed by states "in such manner as the Legislature thereof may direct."

      Note - LEGISLATURE! And thats not a fuzzy word you can bend to mean voter initiative. In fact, the US Supreme Court (in Hawke v. Smith, 1920) ruled a voter initiative/referendum cannot undo a state legislature's decision to ratify the 18th Amendment. Even Bush v Gore cited this (by Rehnquist, Thomas and Scalia) as grounds to overrule the Florida Supreme Court's decisions, claiming the US Constitution clearly gave decision powers on electoral votes to the Florida Legislature ONLY! In the Hawke case, the Court also noted that the term legislatures is "plain, and admits no doubt in its interpretation."

       Or would the five USSC wingnuts just overrule their own precedents in order to render yet another partisan. political decision?

      Report Abuse
      • Author by historygeek001 (September 14, 2007 11:29 am ET)
           

        Nice point!

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      • Author by Dem02020 (September 14, 2007 11:51 am ET)
           

        "why doesn't anyone mention the Repuglican initiative is unconstitutional?"

        I'm glad to see you did mention it.

        This whole thing is great, for the discussion that it provokes; because not enough people give enough thought to the electoral process, and specifically to the "Electoral College" manner in which we elect our President.

        And as long as people are kept uninformed (or misinformed) in the vacuum that is made, by so little substantial discussion, and so many inane things said on this matter...

        ...then so long will people keep making stupid decisions, and regretting them afterwards (stupid decisions like electing a professional wrestler to be the Governor of Minnesota, or listening to business agents for the arms and oil industries, lie us into an invasion and occupation of Iraq).

        True, only the State Legislature, California's State Assembly, can apportion California's Electoral Vote; it cannot be done by "ballot initiative"; to circumvent the California State Assembly in this matter, is to breach the Constitution of the United States.

        As far as any precedent in these matters goes (and even precedent would mean nothing in the face of a clear reading of the Constitution; a precedent such as that, might only point out to us, a previous unconstitutional act, that went unchallenged)...

        As far as precedent goes, we have only the States of Maine (around 1970) and Nebraska (in 1991 I believe) to have apportioned their Electoral Vote.

        Was that done by them as an Act of their State legislatures, or by "ballot initiative"?

        It's an easy question to answer I'm sure, but I haven't found that answer myself.

        I'd bet money it was done in both those states, by an Act of their State Legislatures.

         

        But don't let that stop certain Republican interests in California (and nationally), from thinking they can fool an uniformed people on this matter.

        But they're wasting their time and their money (but raise money they will), if they think they can work an unprecedented breach of the U.S. Constitution, by circumventing the California State Assembly's Constitutional authority, that...

        "Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors..."

         

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        • Author by Zoomie (September 14, 2007 5:38 pm ET)
             

          Can't speak to Maine, but as a 30yr Nebraska resident, it was the state's Unicameral (another somewhat unique feature of Nebraska) which decided on a representative assignation of Electors, not a referendum.

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      • Author by Dem02020 (September 14, 2007 12:10 pm ET)
           

        And you mention the 2000 election, and the manner in which the SCOTUS (Scalia et al) reached down into the jurisdiction of Florida, and interfered with and stopped that State's determination (however comical and screwed up) of counting their People's votes, and deciding their (Florida's) Electoral Vote.

        And you may remember as I do, that during that comical and screwed up determination of the popular vote in Florida, that as the clock ticked down, and they neared the date by which they must decide their Electoral Vote (or forfeit it by not casting it, in the "Electoral College" of the U.S. House of Representatives)...

        That as that date neared, Florida's State Legislature (both it's Senate's President and House's Speaker, I recall) signaled that they would hold a special session if the popular vote could not be determined; and that they, the Florida State Legislature, would vote themselves and determine Florida's Electoral Vote for President in 2000.

        All of which would have been perfectly legal and great.

        Floridians deciding Florida's Electoral Vote!

        And seeing as the popular vote, having been granted to the People of Florida in this matter, by their State Legislature, could not for some reason (however comical and screwed up) be determined, then the State Legislation picks up and assumes their Constitutional authority, directly, and decides that Electoral Vote themselves.

        It would have been the perfect and legal soultion to the screwed up comical mess we saw... a mess made much worse, and illegal even, when the SCOTUS (Scalia et al) interfered with and stopped, Floridians from deciding Florida's Electoral Vote.

         

         

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    • Author by Buzzramjet (September 14, 2007 3:21 pm ET)
         

      KTTV is also home to one of the biggest bimbos in television, but I can't remember her name right now as I never watch them anymore anyway. She' blonde, an airhead(big surprise there if she's working at Fox) and MADTV did a great parody of her on the Football night.

      But then again that is what Fox does, hire women with looks and no brains to be their talking heads.

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