interviews
After the Polls Close
by John Fortier
October 19, 2020
This interview with John Fortier, Director of Bipartisan Policy Center’s Democracy Project, was conducted and condensed by franknews.
Why do we have an Electoral College?
Our election system is really much more of a states’ issue than people realize. We vote differently in different states, and the Electoral College really is the mechanism by which we vote through the states.
Who makes up the Electoral College? Who are our electors?
Sometimes people think of the Electoral College as a point system — if you win a state, you get some amount of points — but, really, when you vote, you are electing a slate of electors.
Slates of electors — one Republican, one Democrat — are nominated or elected by the parties in each state. On election day, the public votes for one of those slates.
The vote on November 3rd typically results in an Electoral College majority. There is a second election in December amongst electors, but it is not widely discussed or covered, mostly, because it doesn’t matter. Electors are loyal to their parties and typically vote as expected. The new Congress then votes to validate the Electoral College votes on January 6th, and by January 20th we reach inauguration. Usually, there are not any great hiccups in the process.
Does that change if it is a close election?
Even in a close election, we don’t think too much about the Electoral College. However, there are a few things that have happened in the past that could happen again.
First, there can be “faithless electors” — electors who vote against the popular vote of their state. Electors, for the most part, have the ability to act freely, and some people worry that they could tip a very close election if a few electors were to change their votes at the last minute — they could move the total for a candidate from 270 to 268, for example. However, in the past, faithless votes tend to be protest votes that do not really amount to anything.
Recently, a number of states have passed strict laws that bind their electors to the popular vote of their state. Previously, laws asked that electors be bound and, in some cases, imposed small fines on faithless electors, but there were no severe constraints. In the 15 States that now have this power, electors will be replaced if they vote the wrong way.
I wasn't sure if that was going to pass constitutional muster, but The Supreme Court upheld it this summer. The Supreme Court actually, in their footnote, hinted at the idea that the only case where this would cause additional hiccups is in the scenario that a candidate unexpectedly drops out, dies, or, for one reason or another, is not on the ticket. Which, of course, is something that has been in the conversation over the last couple of weeks with the president having Covid.
Another thing that can happen is the bargaining amongst the electors. In the 1968 election, George Wallace, a third-party candidate, won states and won electoral votes. Amongst the Nixon and the Humphrey electors, there was some discussion about coming together to exclude the Wallace electors. They didn’t want the election thrown into the House of Representatives, which is what happens if the Electoral College is tied.
But these are sort of odd situations, and these aren't the issues that keep me up at night.
What would you consider to be the more pressing concerns with the Electoral College during this election cycle?
I think the more realistic scenario that we could see is something like what started to happen in 2000 or what happened in 1876. In both cases, because the state race was so tight, there was a real question as to which slate of electors, the Republican slate or the Democratic slate, should be appointed.
In Florida 2000, if Al Gore were to pull ahead in the recount, would a second slate of electors need to be appointed? Eventually the Supreme Court stepped in and halted the recount in Florida, and the Republican slate of electors was appointed. But, imagine a scenario where the dispute is not resolved.
There are cases where two slates of electors may be appointed, and there is no set way to resolve that conflict.
Eventually, the dispute will end up in Congress’ hands, but it is not clear in The Constitution how Congress is supposed to decide. After 1876, when multiple slates of electors were actually sent in, Congress passed the Electoral Count Act to try to address how to approach that sort of scenario, but, I would say, it still is ambiguous.
It is also important to note that though we do have popular elections in every state, popular elections are not guaranteed by The Constitution.
Early on in our democracy, many state legislatures would directly appoint state electors. If you had a Republican legislature, you would appoint a Republican slate of electors. While this faded out after the Civil War, an argument — a controversial argument — was made by the Florida legislature in 2000. The Republican legislature felt that Democratic attorney generals were unfairly favoring the recount for Gore, so they wanted to step in and send the slate of electors to Washington themselves.
If I wanted to think of disaster scenarios — this is the sort of case that would be the disaster scenario. This is where there is the least amount of clarity in the election mechanisms after November 3rd. This is where parties could really seriously disagree, and this is where we have no third arbitrator to decide between the two of them. The parties would have to work it out on their own.
Are there deadlines that are important to know in the electoral process?
The president’s term ends on January 20th at noon.
Despite conversations about postponing the election, it would be incredibly hard to do. The deadline is in The Constitution.
If the election is not resolved by the inauguration, if it is still with the House of Representatives, then perhaps we have to go to the line of succession. But January the 20th at noon is when a new president has to take office.
There are two other dates that might matter. They're both in law, not in The Constitution, so theoretically they could be moved. There is the meeting of the electors, which is on December 14th this year. There is also the “safe harbor” deadline which is 6 days before the meeting of the electors, which is set by law to try and aid in the counting by ensuring no interference from Congress if the counting is complete by the set deadline. This date was highlighted by The Supreme Court in Bush v. Gore, and was one of the reasons they stopped the recount.
Recently, it seems there have been a lot of claims that the electoral process is undemocratic, and a push to move us towards a national popular vote. Do you think the Electoral College is still a democratic system?
The Electoral College has never been particularly popular in the modern era. Many people think that we should have a national popular vote — it is a more natural line of thought. And if we were to start from scratch now, maybe we would instill a national popular vote.
But is the Electoral College system undemocratic? I guess that I am not fully convinced of that.
We are a country of states. And though a few times there has been a difference between who wins the Electoral College and who wins the popular vote, it still is very unlikely to happen.
The proposal for a national vote, as it stands, is a halfway house, because it is really hard to amend The Constitution. States can appoint electors directly based on whatever criterion they want, and so the idea would be to appoint electors based on national popular, rather than the states' vote. But, there are some issues with that. What happens if the election is really close? You can’t really recount a national election, you can only recount the states. You would also have to make sure that all the states are uniform in their elections. And maybe that's a good thing, maybe people would like that. But maybe when we get down to the nitty-gritty and people will say, "Well, we really liked the way we vote in Alaska, it's good for us, or we like the way we vote in Oregon."
It is hard for a party to be on the losing end of this system twice within 16 years, and perhaps once more again, but I think there are reasons to be cautious about changing the system.
interviews
Student Debt on HBCU Campuses
by Lodriguez Murray
September 29, 2020
This interview with Lodriguez Murray, the Senior Vice President for Government Affairs at UNCF, was conducted and condensed by franknews.
Lodriguez | UNCF is an organization, started in 1944, dedicated to supporting historically Black colleges and universities (HBCUs) — both the students and the schools. We provide financial support to our 37 member schools, we do a lot of work to benefit the whole of HBCUs, and every year, we award upwards of $100 million scholarship to 10,000 students at 1,100 different colleges and universities.
frank | There is a student loan debt crisis. What does the crisis look like for HBCU students in particular?
We know that HBCU students carry more debt, but many people stop the explanation there. When we stop the conversation there, it makes it seem like these schools are more expensive or more onerous for the students that choose to attend.
Students at HBCUs carry more debt because those students come from statistically lower socioeconomic backgrounds than students at other schools. 75% of our student population is Pell Grant eligible. That is 20 percentage points more than at a predominantly white institution (PWI). At some of our schools upwards of 90% of our students are Pell-eligible.
Is the disparity solely within the amount that HBCU students carry, or are there differences in the interest rates and the types of loans they have?
81% of HBCU students receive some type of loan assistance to go to school. And the types of loans do really matter.
A study came out earlier this year that compared HBCU graduates with PWI graduates of the same age, same job, same income, and the same amount of loans. The students attending HBCUs were charged a higher interest rate on their loans.
What explains the difference in interest rates?
To explain that, you have to look at the systematic racism in our country. Black people have a harder time accessing capital. That's a statistical fact. And when Black people access capital, it often happens at the worst rates terms and conditions.
There are financial institutions that have seen us as risky in the past, and you can extrapolate from there to understand what financial institutions do by looking at the name of the college that a student has attended.
Can you talk about the role that Parent PLUS loans play on HBCU campuses?
About half of our students in 2020 are first-generation college students. Families are doing all they can to make college happen for their kids, but due to the economic situation of many of these families have very few options. When other financial aid options are exhausted, folks look to Parent PLUS loans.
We have a sorted history with the Parent PLUS loans at UNCF. We recognize the need for students to access capital to attend school, but we also recognize the need to improve elements of the loan to make it less predatory.
One of the things you should know about that program is that it is an option that many African American students use to access education. You should also know that the Obama administration changed the rules for Parent PLUS loans to require a nearly perfect credit score in order to obtain a Parent PLUS loan. That change completely hampered the HBCU community. It negatively impacted about 400,000 students nationwide. We saw a significant decline in enrollment at HBCUs, which was financially devastating to our community.
So, why would you punish people who, because of their historic relationship with financial institutions, have had to accept capital at the worst rates? We fought with Congress and the administration to improve their calculations around who could access the Parent PLUS loans.
With that said, certain things should be done to improve Parent PLUS loans, and all other loans, so they no longer cause such harm to students and families.
What changes do you advocate for as an organization?
We believe student and parent loan interest rates should be reduced. We believe the origination fees should be eliminated. We believe loan interest subsidies should remain for low-income students. We believe there should be streamlined loan payment options, and that income-based loan repayment should be automatic. And we believe the federal government should make it easier for students to refinance their loans to have lower interest rates.
We believe in improving and expanding the Public Service Loan Forgiveness Program. There are a lot of HBCU students that are teachers, police, officers, firefighters.
And no one has a good explanation for the program is not working well. It seems like someone's not being held accountable. There are many of students whose loans should be paid down as we speak, but they are not because that program is not working well.
Do you advocate for debt forgiveness?
We believe in debt forgiveness, but we believe it should be progressive. Why would we automatically forgive the loans of a graduate who is making $300,000 and can easily pay their loans? That makes it harder to forgive the loans of a teacher who is two years out of school making $40,000.
And when you say makes it harder — what do you mean?
It will be a bigger number and that bigger number will be harder for Congress and the American people to swallow. But if you prioritize graduates who make less money, then it is a much more attractive policymaking item.
How does the federal funding of HBCUs play into this story?
Congress invests a certain amount of money on an annual basis to help subsidize the schools. They recognize that, despite years of underfunding, HBCUs educate civilians from lower socioeconomic backgrounds and graduate them at higher rates than more well-resourced institutions.
That was especially evident when states and the federal government pulled back from investing in higher education after the Great Recession. In recent years, we have seen some reversal of that trend, but not enough to combat the chronic underinvestment in the institutions. And by chronic, I mean buildings need repairs and there are students who should have scholarships but don’t have them.
We need both the federal government and the philanthropic community to invest more in these schools. And we need to recognize that investment in our institutions yields more of a return than investment in those schools that have a billion-dollar endowment.
At the beginning of the pandemic, we were all bracing for a draconian year. After the death of George Floyd, the philanthropic community saw HBCUs and our organization as a way to right social ills. They came to us with donations, and with that money, we will be able to support more students than ever before. We've had the really largest philanthropic boom ever.
The CEO of Netflix and his wife personally gave $121 million, with $40 million going to the UNFC, $40 million going to Morehouse College, and $40 million to Spellman. Mackenzie Scott gave tens of millions of dollars to HBCUs. These kinds of moves have been terribly helpful to break the cyclical pattern.
I wonder if there are ways that you would advocate for the federal government to also fill that gap?
As a matter of fact, every major presidential candidate had policy proposals that benefited HBCUs. And we were able to educate them and convince them certain policies from four years ago were stale. For example, now all candidates, have free college proposals that include private HBCUs, as opposed to only including public institutions.
At first glance, you might say, do I even need to do a story on this small number of schools? But once you look at the actual impact of the schools it is evident these few schools are doing so much more than anyone would ever expect. These schools are only 3% of all the higher education institutions in the country, but they graduate around 10% of African-American bachelor's recipients. In the states where they are located, they educate a quarter of the Black graduates and they produce nearly 40% of all the Black STEM graduates. When you put those schools together and you have nearly a $15 billion economic impact on the country a year.