5 of the 7 Jewish Senatiors Among the Co-sponsors of the Bayh Measure

With five of the seven Jewish Senators among the 38 co-sponsors, Sen. Birch Bayh (D. Ind.) is moving toward another test of strength for his proposal to abolish the electoral college and have direct popular vote determine the election of the President and Vice President.

Sen. Jacob Javits (R.NY), Howard Metzenbaum (D. Ohio), Abraham Ribicoff (D.Conn.). Carl Levin (D.Mich.) and Edward Zorinsky (D.Neb.) are among the co-sponsors. An aide to Bayh said that decisions have not been received from Sens. Richard Stone (D.Fla.) and Rudy Boschwitz (R.Minn.). Levin testified in favor of Bayh’s seven-point resolution March 27 at the first of four hearings scheduled by the Senate Judiciary Subcommittee on the Constitution, of which Bayh is chairman. The third hearing was held today and the last of the series will be on April 9.

The Judiciary Committee is scheduled to report on the Bayh bill by April 10 and have it circulated to the Senate’s membership by May I for floor debate scheduling should the committee, as expected, report favorably upon it. The committee twice in the past had issued a favorable report, but the full Senate has never voted upon it.

Bayh first began his campaign to abolish the electoral college in 1966 when he favored the so-called automatic plan which would forbid electors from voting for a candidate in the electoral college other than the one the state had given a majority vote. In 1968, Bayh came out for the elimination of the college entirely. Since then more than 200 witnesses had expressed views at hearings that Bayh has chaired.

TWO BILLS IN THE HOUSE

The House Judiciary Committee, meanwhile, is making time pending the Senate’s decision this year. It has two bills similar to Bayh’s awaiting consideration. One, by Rep. Robert McClory (R.III.) would have the runoff between the two pairs of Presidents and Vice Presidents having the highest number of votes if neither received at least 35 percent of the vote. Rep. George Danielson (D.Cal.) would have a runoff at the 40 percent level, the same as in the Bayh bill.

Under the leadership of former Rep. Emanuel Celler (D. NY.), who headed the Judiciary Committee at that time, the House on Sept. 18, 1969 adopted Celler’s electoral reform bill by a 339-70 vote.

Jewish members of the Senate and House, as the record indicates, largely favor reform of the election process to eliminate the possibility of a Presidential nominee winning office although he may not have a majority of the national vote or even less than a rival because of the electoral college system.

Conscious of many leaders in Jewish communal organizations recognition that elimination of the electoral college would cause the loss of a “swing” vote in large urban centers, an aide to Bayh pointed out that the Jewish vote in California was 73 percent in favor of Jimmy Carter but he last the state. This, the aide noted, indicates that the Jewish vote in California was wasted.

The aide noted further that the late Sen. Hubert Humphrey (D.Minn.), who strongly supported Jewish causes, backed the direct election system for many years. The Black leadership also is divided. Rep. Louis Stokes (D.Ohio), for example, testified March 30 in support of the Bayh bill, but Vernon, Jordan, president of the Urban league, opposes it.