What is the Electoral College in the United States?

October 20, 2020 § Leave a comment

Dear colleagues:

Every four years during the Presidential election season in the United States many interpreters face the Electoral College topic even when their assignments are non-political. This time, no doubt because of the American president, more friends and colleagues from the United States and abroad have contacted me than ever before. Because of its American uniqueness, this topic presents a challenge to many colleagues who usually work outside the United States and to others who live in the country but grew up somewhere else.  The Electoral College is one issue that many Americans do not fully understand, even if they vote every four years.  Interpreters cannot interpret what they do not understand, and in a professional world ruled by the market, where the Biden and Trump campaigns are dominating broadcasts and headlines, this topic will continue to appear on the radar screen. Therefore, a basic knowledge of this legal-political process should come in handy every four years.

Because we are in a unique election cycle, and Election Day will be here before we know it, I decided to humbly put my legal background and my passion for history to work to benefit the interpreter community. I do not intend to defend the American system, or convince anybody of its benefits. I am only providing historical, political, and legal facts so we can understand such a complicated system in a way that if needed, our rendition from the physical or virtual booth is a little easier. This is not a political post, and it will not turn into one.

Every four years when an American citizen goes to the polls on the first Tuesday in November to elect the new president of the United States, that individual does not vote for the presidential candidates. We Americans vote for a preference (Republican, Democratic and occasionally other) and for electors who will go to Washington, D.C., the nation’s capital, in December to cast the electoral votes from that state, in the case of 48 states, for the candidate who represents the preference of the majority of the state voters as expressed on Election Day. Other two states, since 1972 Maine and starting in 1992 Nebraska, allocate their electoral votes in a semi proportional manner. The two state’s electoral votes representing the two senators from that state, are assigned to the plurality winner of that state’s popular vote, and the other electoral votes that correspond to that state are given to the plurality winner in the popular vote in each of the state’s U.S. House of Representatives district. Maine has 4 electoral votes and Nebraska has 5. This means 2 and 3 electoral votes respectively will go to the candidate who wins that district, even if the candidate does not win a plurality of the popular vote statewide.

We vote for the people who will go to Washington D.C., to vote on our behalf for the presidential candidate who received the most direct votes from the citizens of that state during the general election.  After the November election, those electors are pledged to the candidate who received the most votes in that state.  The result: We have direct vote elections in each state, and then we have the final election in December when the states vote as instructed by the majority of its citizens. It is like a United Nations vote. Think of it like this: Each state elects its presidential favorite; that person has won the presidential election in that state. Now, after the November election is over, the states get together in December as an Electoral College and each vote. This is the way we determine a winner. Each state will vote as instructed, honoring the will of its citizenry and the mandate of its state’s constitution.  We do not have proportional representation in the United States.

Historically and culturally this country was built on the entrepreneurial spirit: Those who risk everything want everything, and when they succeed, all benefits should go their way. We are an “all or nothing” society. That is even reflected on our sports. All popular sports invented and played in the United States have a winner and a loser by the end of the game: Americans dislike ties because they associate a tie with mediocrity. A baseball game can go on forever until a team wins.  We do the same in politics. Once the citizens have voted, the winner in that state (except for Maine and Nebraska above) gets all the benefits, in this case all the electoral votes; it does not matter if he or she won by a million votes or by a handful. You may remember how President George W. Bush was elected to his first term; he won Florida by a small margin, but winner takes it all, therefore all of Florida’s electoral votes went to him and he became the 43rd. President of the United States.  Thomas Jefferson and John Quincy Adams got to the White House with a margin smaller than George W. Bush. In recent years, another two presidents got to the White House without getting a majority of the popular vote: Bill Clinton twice, and president, Donald J. Trump. According to all presidential polls, if president Trump was reelected, he would go back to the White House after winning the electoral college, but losing the popular vote.

The electoral college was born to have a duly elected democratic government that would replace the monarchy Americans endured in colonial times. The state of communications and the educational level of the American population were such, that it was thought unwise to hold a direct presidential election where the winner of the popular vote would become president of the United States. Access to newly founded Washington, D.C., surrounded by swamps and, for Eighteenth Century standards, far away from most thirteen original states made it uncertain that all states would get to vote in a presidential election. Because only a handful of representatives from each state would go to the capital to cast that state’s votes for president, it was decided that only land holder white men would have a right to vote for these electors. It was decided to exclude white men with no land as they had no vested interest in the election; women were considered unprepared to make such a decision, blacks were slaves and deprived of human rights, including political ones, and Native Americans and other minorities were not considered citizens of the United States, and ineligible to vote.  Eventually, after a Civil War a century later, and several social movements a century after the War, all men and women born in the U.S., or naturalized American citizens, regardless of race, ethnicity, gender, or national origin, successfully claimed their human right to vote. The American population of the United States territories are nationals of the U.S., and they can vote in a presidential election if they are residing in the 50 states or the District of Columbia.

I mentioned earlier that most Americans like the principle of winner takes it all. Although that is true, the country’s political and legal systems rest on a foundation of fairness and justice. With a nation as diverse as the current United States, a majority believes the only way to maintain these principles is through a balance of the rights of the people on one side, and those of the states on the other. (For those who have a difficult time understanding why the states have rights separate from the people, please imagine the United States as a mini-world where each state is an independent country. Then think of your own country and answer this question: Would you like a bigger or more populated foreign country to impose its will over your country, or would you like for all countries to be treated as equals?) In December when the electors or delegates from each state meet as an electoral college in Washington D.C. to cast their state’s electoral votes, all states have a voice, they are all treated as equal.  This is the only way that smaller states are not overlooked; their vote counts.

We find the final step to achieve this electoral justice to all 50 states of the United States of America (and the District of Columbia) and to the citizens of the country, in the number of electoral votes that a state has; in other words, how many electors can a state send to Washington D.C. in November.  The answer is as follows:  The Constitution of the United States establishes there will be a House of Representatives (to represent the people of the United States) integrated by 435 members elected by the people of the district where they live. These districts change with the shifts in population but additional seats are never added to the House.  When the population changes, the new total population are divided by 435 and that gives you the new congressional district. The only limitations: An electoral district cannot cross state lines (state borders) therefore, occasionally we will have a district slightly larger or slightly smaller, and every state must have at least one electoral district (one house member) regardless of its population.  The American constitution establishes there will be a Senate (to represent the 50 states) integrated by 2 representatives or members from each state, currently that is 100 senators elected by all the citizens of that state. When new states have been admitted to the Union (the last time was 1959 when Alaska and Hawaii became states number 49 and 50 respectively) the senate grows by two new members.

As you can see, all states have the same representation in the Senate (2 senators each) regardless of the state’s size or population. The House of Representatives has more members from the states with larger population, but all states have at least one representative in the house. This way the American system makes sure that the will of the majority of the people is heard in Congress (House of Representatives) and it assures the 50 states that they all, even the smaller ones, will be heard as equals in the Senate. You need both houses of Congress to legislate.

Going back to the Electoral College, the number of electoral votes each state has is the same as its number of Senators and Representatives. The total number of Senators and Representatives is 535 (435 Representatives and 100 Senators) Washington D.C. is not a state; therefore it has no Representatives or Senators, but it has 3 electoral votes to put it on equal footing with the smaller states for presidential elections. Therefore, the total number of electoral votes is 538.  Because of these totals, and because of the American principle of winner takes it all that applies to the candidate who wins the election in a state, to win a presidential election, a candidate must reach 270 electoral votes.  This is the reason California, our most populated state, has 55 electoral votes (53 Representatives and 2 Senators) and all smaller states have 3 (remember, they have 2 Senators and at least one Representative in the House)

The next time you have to interpret something about the Electoral College in the United States remember how it is integrated, and think of our country as 50 countries with an internal election first, and then vote as states, equal to all other states, on the second electoral round in December.  Because on the first Tuesday in November, or shortly after that, we will know who won each state, we will be celebrating the election of a new president, even though the Electoral College will not cast its votes for another month. It is like knowing how the movie ends before you see it.

 

Electoral votes by state Total: 538;

majority needed to elect president and vice president: 270

State number of votes State number of votes State number of votes
Alabama 9 Kentucky 8 North Dakota 3
Alaska 3 Louisiana 9 Ohio 20
Arizona 10 Maine 4 Oklahoma 7
Arkansas 6 Maryland 10 Oregon 7
California 55 Massachusetts 12 Pennsylvania 21
Colorado 9 Michigan 17 Rhode Island 4
Connecticut 7 Minnesota 10 South Carolina 8
Delaware 3 Mississippi 6 South Dakota 3
District of Columbia 3 Missouri 11 Tennessee 11
Florida 27 Montana 3 Texas 34
Georgia 15 Nebraska 5 Utah 5
Hawaii 4 Nevada 5 Vermont 3
Idaho 4 New Hampshire 4 Virginia 13
Illinois 21 New Jersey 15 Washington 11
Indiana 11 New Mexico 5 West Virginia 5
Iowa 7 New York 31 Wisconsin 10
Kansas 6 North Carolina 15 Wyoming 3

I now invite your comments on the way presidential elections are conducted in the United States, but please do not send political postings or partisan attacks. They will not be posted. This is a blog for interpreters and translators, not for political debate.

Democracy, or democracy ATA-style?

October 7, 2020 § 8 Comments

Dear colleagues:

We are in a political environment in the United States at this time, in a few days we will vote for president of the United States, and this is also election time at the American Translators Association. I write this post because I deeply care for our association and the direction it follows for the benefit or detriment of our professions. This post is not an attack on anybody for who they are, but an expression of opinions and a means to disseminate information you may find useful before you vote. I also did some fact-checking and bring you the elements you will need to separate fact from fiction.

Election of candidates.

I am not familiar with some candidates and the ones I know are probably the same ones most of you recognize from the slate. I just want you to be aware of two important points all voting members should consider before voting. Please do your homework and vote for practicing interpreters or translators. Do not continue to stack the board with agency owners, even if they attempt to portray themselves as practicing colleagues. That may be half-truth, and remember their interests are not yours. They are not illegal, but they are not yours. The second point you must remember is that do not vote for the maximum number of candidates allowed. If there is only one board candidate you like, vote for that person and leave the others blank. When you do not know the candidate, or you have doubts, it is better to abstain. An abstention is powerful, because it increases the chances of your candidates to win as you do not gift a vote to someone you are not sure about. In my case I already voted, and I only voted for one candidate. The individual I chose has disagreements with me, and this candidate is not an interpreter, but he has my trust because I know this person is smart, honest, and not an agency.

I encourage you to think long and hard before you decide on your candidates, and do not feel bad if you just vote for one individual.

The decoupling question.

How can not decoupling be considered illegal? I understand the issue should be raised if a certification were needed to practice translation and ATA were the only certifying entity officially recognized, but neither is true. Certification may give you a competitive advantage and help you dissipate doubts about your professional level, but it is not a legal requirement to work as a translator. Although well-known as a serious credential, ATA has no official recognition as a certifying agency or office. ATA membership is voluntary and certification is one benefit of membership. Nobody can be forced to join ATA, just like no one can be forced to take the certification exam.

Regarding the ABA remarks, whether intentionally, or due to a lack of basic knowledge, it is puzzling that an allegedly practicing court interpreter in Pennsylvania can make the following statement: “Now, as a world class nonprofit association, certification legal experts have repeatedly advised us that it is unseemly and illegal to force individuals to become members just to take and maintain their certification…the ABA and the AMA have no such requirements for professional lawyers and doctors.” 

There is not such a thing as an “ABA Bar Exam.” I am sorry to hear an ATA Board member making such remarks. Perhaps the reason for this regrettable statement can be understood, nut justified, by visiting the Administrative Office of the State of Pennsylvania’s official website: The Unified Judicial System of Pennsylvania’s Court Interpreters classifies Spanish interpreters in three categories. From higher to lower skill level: Master, Certified, and Conditional. Are considered conditional interpreters those who score 50 percent on a simultaneous, consecutive, and bi-directional sight translation exam (a 49 percent score fails the test) testing the bare-bones minimum skills to interpret in court. Because conditional interpreters, like the person who made these comments, are separated from failing candidates by one percentage point, they may interpret during hearings of lesser complexity where freedom or substantial assets are not at risk. They cannot interpret trials unless they are before a lower court and involve small claims, traffic violations, etc.

Attorneys must pass a STATE BAR EXAM to be able to practice law. They must join that State Bar and remain members throughout their professional life in that State. It is the State Bar that grants and runs the continuing legal education program needed to keep a license valid, and the State Bar is the only body to monitor the rules of ethics are observed, and when they are not, only the Bar can sanction attorneys after notice and hearing. The only thing “illegal” is to practice law without a license (State Bar membership) carrying up to 364 days in jail in most states, and very harsh Civil sanctions, which could include compensatory and punitive damages depending on the harm done. Conditional-level court interpreters often work with pro-se individuals, and, have limited exposure to situations where the law license issue is mentioned. As for the American Medical Association’s part of the statement, since 1933, the certification function has been administered by a separate organization known as the American Board of Medical Specialties. No relation to the AMA, administratively or functionally. Interesting that a candidate who lost an election twice and got to the board by appointment both times gives such an eloquent opinion on something he lacks.

I encourage you to put your interests as a member above the associations economic priorities and reject this amendment. Vote No.

An election with multiple candidates.

I am very troubled by the arguments of those who oppose the amendment because they base their opinion on false assumptions, and because they represent the Institutional viewpoint. That two of the former presidents endorsing the opinion were beneficiaries of unopposed “elections” merits mentioning as it goes to the credibility of the opinion. 

An election is a decision between (at least) two options, anything else can be called a ratification, imposition, proclamation, appointment, or coronation, but not an election. 

Nations, corporations, and associations are governed by those who represent the will of the majority of its citizens, shareholders, or members. From its inception by the Greeks, many centuries ago, this has been called democracy. 

History has seen many totalitarian regimes in countries, corporations, and institutions disguised as “democracies.” Often, arguments to justify this aberration include a consensus by an elite in a position of power indicating they, as self-appointed protectors of the masses, are making the tough decisions; that it would be too dangerous to let citizens, shareholders or members decide because they are not “prepared” for it. 

The argument that an outsider who may be elected president-elect, treasurer, or director would jeopardize the institutional continuity of the people in power sends chills through my body. Elections are to change what a majority dislikes, not to guarantee everything will stay the same. Supporting ATA’s official viewpoint reminds me of those attempting to destroy our nation’s democracy at this time.

To say people not screened and blessed by the ones in power will not perform as needed, will not devote the necessary time to fulfill their responsibilities, or will quit their position shortly after the election, is plain insulting. People run for elected positions because they want to do the job. They want to do the job according to the interests of those who elected them, and sometimes these may not be the interests of those already in power. 

The bylaws are to an association what a constitution is to a nation. Their amendment is a serious matter and it should reflect the decision of that association’s membership based on real information, not a manipulated alternative reality. The only place where unopposed “elections” are welcome and considered a good thing is totalitarian structures populated by those too afraid to face the will of a majority without feeding them first manipulated information. That was tried before, caused many hardships and pain, and after many years it fell because it never represented the view of the majority. I don’t want another Soviet Union in my profession.

I encourage you to put democracy and membership above the current leadership’s appetite for control and support this amendment. Vote Yes.

Please vote. Most members never vote and that took us to where we are. Think of your career, the profession, and how a professional association should serve the interests of its human members, not corporations, or personal ambition.

Interpreting political debates: Before and during the rendition.

April 29, 2014 § 5 Comments

Dear colleagues:

Every two years we have a primary election season in the United States where the two main political parties (Republicans and Democrats) pick their candidates for the general election in November. Two years after Americans elect a president, they vote again to renew the United States House of Representatives (425 members) and one-third of the United States Senate (33 or 34 Senate seats depending on the cycle because there are 100 Senators) Along with these national offices, many states elect governors, state legislators, and other local officials. Traditionally, before an election, all candidates running for a particular office in the United States publicly debate the issues. It happens within a political party during the primary elections and then again between the candidates from each party during the general election. Because the population of the United States is very diverse and complex, many voters do not speak English, or at least they do not understand it well enough to comprehend a candidate’s platform or position regarding specific issues. Add to this landscape the fact that many regions of the United States have very important concentrations of people from a particular nationality or ethnicity that may have issues that are relevant to their community even when they may not be as important for the general population. This happens with Hispanics and some other groups, and because of the number of people who are interested in a particular issue, there are debates specifically geared to these populations, often held in English because that is the language of the candidates, but organized and broadcasted by foreign language organizations and networks. This exercise in democracy means that we as interpreters are quite busy during political season.

Because of the number of elections and debates, primary elections tend to require more interpreters than a general election; also, due to the regional nature of a primary election, these debates are normally held in smaller towns and cities, increasing the practice of using the services of local interpreters.

This year has not been an exception. I have traveled to many cities and towns all over the country to interpret political debates in elections of all types: governors, senators, U.S. House members, local legislators, and mayors. Most debates have been live, in almost all of them I have interpreted for the T.V. broadcast, but there have been some recorded debates and some radio broadcasts as well. As always, when interpreting a debate I usually run into the same colleagues: the same local professionals, or the same national interpreters (meaning interpreters like me, who by decision of the organizers or the networks, are brought in from a different city) for the races that have a higher profile. Although I know that the pattern will repeat during the general election in the weeks and months before November, I also know that sometimes new interpreters are invited to participate in these events. This year I already worked with some interpreters new to the political debate scene, and I expect to encounter some others during the rest of the primary season and maybe even the general election. As I watched some of my new colleagues prepare for a debate and deliver their services, I reflected on the things that we need to do to be successful at this very important and difficult type of interpretation. These are some ideas on things that we should do and avoid when getting ready to interpret a political debate and when we are at the TV or radio station doing our rendition.

  • Know the political system. One of the things that will help you as an interpreter is to know why you are there. It is crucial to understand why we have primary elections in the United States. We as interpreters will do a better job if we know who can run and who can vote in the election. This requires some research and study as every state is different. In some states voters must be registered with the political party to be able to vote in the primary, while other states hold open primaries where anybody, as long as they are American citizens, can vote. Some states have early voting, others have absentee ballots and there are states that even allow you to mail in your vote. It is crucial to study the election system of the place where the interpreter will work. Of course, the more states you work at, the more you have to research and study.
  • Know basic local legislation and politics. When interpreting a state legislators’ debate it is essential to know how is the state government structured: Does it have a unicameral or bicameral system? Are legislators full or part-time? Can governors be reelected? Are there other political parties in that state? A well-prepared interpreter needs to know the answer to all of these and similar questions.
  • Know the most relevant issues and people in that particular state, county, or city. Most questions during these political debates have to do with local matters, not national issues; for this reason, a professional interpreter must become acquainted with local affairs. Read local newspapers, watch and listen to local newscasts and political shows, and search the web. The shortest way to embarrassment is not to know a local topic or a local politician, government official or celebrity when they pop up during a debate. Know your local issues. It is a must to know if water shortage, a bad economy, a corruption scandal, a referendum, the names of local politicians (governor, lieutenant governor if the state has one, State House speaker, chief justice of the State Supreme Court, leader of the State Senate) or any other local matter is THE issue in that part of the country.
  • Know basic history and geography of the state, and please know the main streets and landmarks of the region. There is nothing worse than interpreting a debate and all of a sudden struggle with the name of a county or a town because you did not do your homework. Have a map handy if you need to. Learn the names of rivers and mountains, memorize the names of the Native-American nations or pueblos in that state.
  • Know your candidates. Study their bios, read about their ideology and platform; learn about their public and private lives. It is important to keep in mind that you need to know about all candidates in the debate, not just the candidate you will be interpreting.
  • Know national and world current events and know your most important national and international issues in case they come up during the debate either as a question or as part of an answer. It is important to know if there is a war or an economic embargo, it is necessary to know the names of the national leaders and their party affiliation (president, vice-president, speaker of the House, Senate leader, cabinet members) and it is essential to know the names of the local neighboring leaders and world figures in the news (names of the governors of neighboring states, the prime minister of Canada and the president of Mexico, the secretary general of the United Nations and the OAS, and at least the names of the presidents, prime ministers and heads of state of the main partners, allies, and adversaries of the United States).
  • Know the rules of the debate. You need to know how long the debate will be, how much time a candidate has to answer a question and to refute another candidate, you need to know the order in which they will be questioned, who will be asking the questions and in what order. Try to find this information on line, and request it from the organizers or whoever hired you for the debate. Remember: it is a T.V. event so there is always a schedule and a program; you just need to get a copy.
  • Get acquainted with your candidate’s speech patterns, accent, tempo, and learn his/her stump speech. All candidates have one, and they gravitate towards these talking points every time they have a chance and the moderator lets them do it. The best way to achieve this is by watching as many speeches as you can, especially previous debates, ideally on the same issues, as sometimes debates in the United States are limited to certain issues such as education, taxes, foreign policy, the economy, etc. Most candidates, unless they are brand new, have speeches and debates on You Tube or in the local T.V. stations and newspaper electronic archives; just access their websites and look for them. If possible, at least listen to a couple of speeches or debates of the other candidates in the debate. You will not be interpreting them, but you will be listening to them during their interaction with your candidate.
  • When possible, participate on the distribution of assignments to the various interpreters. How good you perform may be related to the candidate you get. There are several criteria to pair an interpreter with a candidate. Obviously, T.V. and radio producers like to have a male interpreter for a male candidate and a female interpreter for a female candidate. After that, producers overlook some other important points that need to be considered when matching candidates and interpreters: It is important that the voice of your candidate is as similar to your own voice as possible, but it is more important that you understand the candidate; in other words, if you are a baritone, it would be great to have a baritone candidate, but if you are from the same national origin and culture than the tenor, then you should be the tenor’s interpreter because you will get all the cultural expressions, accent, and vocabulary better than anybody else. You should also have a meeting (at least a virtual one) with your fellow interpreters so you can discuss uniform terminology, determine who will cover who in case of a technical problem or a temporary physical inability to interpret like a coughing episode (remember, this is live radio or T.V.)
  • Ask about the radio or T.V. studio where you will be working; in fact, if you are local, arrange for a visit so you become familiar with the place. Find out the type of equipment they will be using, see if you can take your own headphones if you prefer to use your “favorite” piece of equipment; find out if there is room for a computer or just for a tablet. Ask if you will be alone in the booth or if you will share it with other interpreters. Because small towns have small stations, it is likely that several interpreters will have to share the same booth; in that case, figure out with your colleagues who will be sitting where (consider for example if there are left-handed and right-handed interpreters when deciding who sits next to who) Talk to the station engineer or technician and agree on a set of signs so you can communicate even when you are on the air. This is usually done by the station staff because they are as interested as you in the success of the event.
  • Finally, separate yourself from the candidate. Remember that you are a professional and you are there to perform a service. Leave your political convictions and opinions at home. You will surely have to interpret for people who have a different point of view, and you will interpret attacks against politicians you personally admire. This cannot affect you. If you cannot get over this hurdle then everything else will be a waste. This is one of the main reasons why they continue to hire some of us. Producers, organizers, and politicians know that we will be loyal to what they say and our opinions will not be noticed by anybody listening to the debate’s interpretation.

On the day of the debate, arrive early to the station or auditorium where the debate will take place, find your place and set up your gear; talk to the engineer and test everything until you are comfortable with the volume, microphone, monitor, and everything else. Get your water and make arrangements to get more water once you finish the bottles you brought inside the booth. Trust me; you will end up needing more. Talk to your fellow interpreters and make sure you are on the same page in case there is a technical glitch or an unplanned event during the debate. Once the debate starts, concentrate on what you are doing and pretty much ignore everything else. You will need all your senses because remember: there is no team interpreting, all other interpreters are assigned to another individual, it is live T.V. and if you count the live broadcast and the news clips that will be shown for weeks, there could be hundreds of thousands (if not millions) watching your work. If you enjoyed the experience and if you did a good job there will be more opportunities in the future and you will have enhanced your versatility within the profession.

I hope these tips will be useful to those of you in the United States and all other countries where there are political debates, and I invite you to share with the rest of us your comments and tips.

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