We Won't Vote for You If You Haven't Already Won: A (Losing) Candidate's Perspective on the Prospects for Meaningful Reform of the American Electoral System

Abstract

This essay considers the status of the American electoral system from the perspective of a law professor who was also a notoriously unsuccessful congressional candidate. The essay suggests that a combination of financing inequities, gerrymandered districts, and the general lack of substance in legislative elections have combined to make our existing electoral system all but dysfunctional; moreover, that many or most of the proposed remedies are based on a naive understanding of the process and would actually make things worse. Expanding upon the work of Lani Guinier and political scientist Douglas Amy, the author suggests that some type of proportional representation system is likely necessary to improve our system and restore substance and fairness to our politics.

Keywords: election law, campaign finance, minority districting

JEL Classification: H11, K00, K19