Mother Jones:
Republican state legislators in Pennsylvania are pushing a scheme that, if GOPers in other states follow their lead, could cause President Barack Obama to lose the 2012 election—not because of the vote count, but because of new rules. That's not all: there's no legal way for Democrats to stop them.
(...) Here's the rub, though: Each state gets to determine how its electoral votes are allocated. Currently, 48 states and DC use a winner-take-all system in which the candidate who wins the popular vote in the state gets all of its electoral votes. Under the Republican plan—which has been endorsed by top Republicans in both houses of the state's legislature, as well as the governor, Tom Corbett—Pennsylvania would change from this system to one where each congressional district gets its own electoral vote.
(...) This could cost Obama dearly. The GOP controls both houses of the state legislature plus the governor's mansion—the so-called "redistricting trifecta"—in Pennsylvania. Congressional district maps are adjusted after every census, and the last one just finished up. That means Pennsylvania Republicans get to draw the boundaries of the state's congressional districts without any input from Democrats. Some of the early maps have leaked to the press, and Democrats expect that the Pennsylvania congressional map for the 2012 elections will have 12 safe GOP seats compared to just 6 safe Democratic seats.
Under the Republican plan, if the GOP presidential nominee carries the GOP-leaning districts but Obama carries the state, the GOP nominee would get 12 electoral votes out of Pennsylvania, but Obama would only get eight—six for winning the blue districts, and two (representing the state's two senators) for winning the state.
(...) Democrats would not be able to retaliate. The only states that John McCain won where Dems control both houses of the state legislature are Arkansas, Mississippi, and West Virginia. West Virginia is too small for splitting the electoral votes to have much effect, and Mississippi has a Republican governor. That leaves Arkansas, another small state—and one where McCain won every district handily in 2008.
Nor is there anything obviously illegal or unconstitutional about the GOP plan. "The Constitution is pretty silent on how the electors are chosen in each state," says Karl Manheim, a law professor at Loyola University in Los Angeles. The GOP plan "would certainly increase the political advantage of politically gerrymandering your districts," he adds.
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