Senator Eric L. Brakey

Tuesday, March 5, 2024

Friend --

I have some bad news.

As I write this, the Maine House of Representatives just passed an initial vote to bind Maine's 4 electoral votes for U.S. President to the so-called "National Popular Vote."

This legislation (LD 1578) would mean that voters in big cities (like New York, Chicago, and San Francisco) would have more say in how Maine's votes are cast for President than Maine people would.

But this fight is far from over — and I have only just begun to fight.

The vote today was 74 to 67.

That means, when this comes back to a final vote in the House, we only need to flip 4 votes to defeat this bill. (I also expect this to come up for an initial vote in the Maine Senate this week.)

That is why I am launching an online petition (and I hope you will sign) to "Save Maine's Voice."

Tell your legislators to "Save Maine's Voice," reject the National Popular Vote and preserve the integrity of the Electoral College.

Will you take a moment right now to sign our petition against the National Popular Vote?

And after you sign, I hope you will forward this email to five friends because time is short and your action is needed urgently.

When you sign this petition, I promise to hand deliver a printed copy to both your state representative and your state senator.

Want to see how your state representative voted?

I have included a list below with the full roll call vote. And after you've taken action to sign our petition, you can take an extra step by personally contacting your state representative.

Find your State Representative here.

If they voted "No," I hope you say thank you.

If they voted "Yes," I hope you will ask them to change their mind.

And while you are at it, you can also contact your state senator before the upcoming vote this week.

Find your State Senator here.

Tell your legislators: "Save Maine's Voice. Reject LD 1578, the National Popular Vote."

Be sure to sign our petition against the National Popular Vote.

In the past, many have asked me for a clear rundown of the facts surrounding the debate between the Electoral College and a National Popular Vote.

That's why I've gone ahead and prepared a quick and easy "fact sheet" that you can use as a reference guide.

Just the Facts:
"Electoral College Vs. National Popular Vote"

FACT 1 - LD 1578, "An Act to Adopt an Interstate Compact to Elect the President of the United States by National Popular Vote” is pending before the Maine Legislature.

This bill seeks to nullify the Electoral College by entering Maine into an “interstate compact,” binding Maine’s 4 Presidential Electoral Votes to the so-called “National Popular Vote.”

If passed, this law would go into effect once a number of states representing a majority of the 538 Presidential Electors join the compact.

Currently, 16 states and the District of Columbia have entered the interstate compact, accounting 205 electoral votes (38.1% of total electoral votes).

Legislation to join the compact is pending in 8 additional states, accounting for an additional 88 electoral votes (16.4% of total electoral votes).

If passed in enough states this year, NPV could be put into effect for the 2020 Presidential Election this November.

FACT 2 - The Electoral College ensures small states (like Maine) have a voice in the election of US Presidents.

As a small population state, Maine represents 0.4% of the national population, but 0.74% of the Electoral College.

A National Popular Vote system would cut Maine’s voting power in nearly half and primarily benefit large population states like California, New York and Texas.

FACT 3 - A National Popular Vote fails the standard of “one person, one vote” because there are no universal standards for voting across all 50 states.

Qualifications for Voters: There is no universal standard for who can vote.

• In some states (like Maine) convicted felons are allowed to vote (even while serving in prison), while in other states (like Iowa) they lose their voting rights for life.
  
  
• Meanwhile, states like Oregon and Hawaii have proposed lowering the voting age to 16 years old, while the rest of the states maintain the voting age at 18 years old.

Methodology for Voting: There is no universal standard for how people vote.

• Some states (like Oregon) require people to vote by mail, while most states (like Maine) allow people to vote in person on Election Day.
  
  
• Most states (like Wisconsin) require voters to present identification to vote, while others (like Maine) do not.
  
  
• Some states (like Maine) allow same-day voter registration, while other states (like Florida) do not.
  

FACT 4 - The Electoral College protects against voter fraud, whereas a National Popular vote system would increase potential for corruption.

Under NPV, ballot stuffing in Chicago or North Carolina would negate our votes here in Maine. Under the Electoral College, the integrity of Maine’s vote is protected because votes across America are compartmentalized by state.

An additional benefit of “compartmentalization” by the Electoral College is that Presidential elections are commonly decided by “swing states” (like Maine and New Hampshire) where the two major parties are likely to share power.

This power sharing creates accountability and oversight structures over elections in these states that are less common in states dominated by a single political party (like California and Texas).

FACT 5 - The Electoral College makes recounts manageable, whereas a National Popular Vote system would make recounts a colossal logistical nightmare.

Recounts of individual states under the Electoral College system can be expensive and chaotic (as we witnessed in Florida during the 2000 election), but these efforts are simple compared to the giant circus that would result from a nationwide recount.

Over 154 million votes were cast nationwide in the 2020 US Presidential Election. Can you imagine a national recount requiring each and every one of these ballots to be hand counted?

FACT 6 - The "National Popular Vote Interstate Compact" is unconstitutional under Article I, Section 10 of the US Constitution.

Article 1, Section 10, Clause 3 explicitly reads: "No State shall, without the Consent of Congress... enter into any Agreement or Compact with another State..."

This proposed interstate compact is not being acted on with the consent of Congress, thereby making it unconstitutional.

Just the Facts.

We can defeat the National Popular Vote and save Maine's voice — but I can't do it without your help.

Please take a moment to sign our petition to "Save Maine's Voice" and defeat the National Popular Vote.

I will personally deliver your petition to your state representative and state senator.

Thank you for your support.

For Liberty!
Sen. Eric Brakey
Auburn, New Gloucester, Poland and Durham

P.S. Just today, the Maine House of Representatives passed an initial vote to establish a National Popular Vote.

This legislation seeks to bind Maine's 4 electoral votes for U.S. President to the votes of people in big cities, like New York, Chicago, and San Francisco.

This was only an initial vote and we can still defeat this bill — but time is short and I need your help.

Will you take a moment right now to sign our petition to defeat the National Popular Vote?