The votes for the runner up slate of electors in a state and the vote above the one that creates a bare plurality are never counted to offset votes for a different candidate in other states. More than 60% of all votes are never tallied with the votes of citizens of other states. A state could not deny its citizens the right to speak to everyone in the country, to assemble with other states’ citizens, or to travel to other states. Similarly, it should not deny its citizens the right to have all their votes tallied with the votes of others.
It is not true that the Electoral College system in the Constitution creates a right in states to permit its citizens to have less weight than other state citizens in choosing the President. This outcome occurs only when states decline to have the national popular vote dictate how their electors will vote. If a state adopted that system all its citizens’ votes would have the same weight as all others. By refusing to take this step, a state impairs the right of its citizens to associate with citizens in other states who prefer the same person as president.
