Jonah Patel
The United States Constitution, drafted in 1787, created a new institution, the Electoral College, to select the president and vice president. The Constitution sets out the basic requirements for presidential and vice-presidential elections, including the rules of procedure for the Electoral College and contingent elections held in Congress if no candidate receives a majority. While the Constitution does not set out national election years, it does establish that elections for Representatives and Delegates to Congress shall take place on the Tuesday after the first Monday in November of every even-numbered year.
| Characteristics | Values |
|---|---|
| Election Day | The Tuesday after the first Monday in November, in every even-numbered year |
| Electoral College | A group of electors who choose the next president |
| Presidential eligibility | Natural-born citizen, at least 35 years old, and a resident of the US for at least 14 years |
| Congressional eligibility | 25 years old for the House, 30 years old for the Senate, and a citizen for at least seven years |
| Voter-age eligibility | 18 years old |
| Election postponement | Possible in emergency situations, but the Constitution requires members of the House of Representatives to be chosen every second year and Senators every six years |
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What You'll Learn
The Elections Clause
However, the Elections Clause also gives Congress the authority to "make or alter" state regulations for federal elections. This means that Congress can establish uniform rules for federal elections that override state laws. The Elections Clause is a default provision, and Congress typically exercises this power only in exceptional circumstances, such as in cases of invasion, legislative neglect, or an obstinate refusal by states to pass election laws.
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Presidential eligibility
The US Constitution sets out basic requirements for presidential eligibility. Article II, Section 1, Clause 5 (the Qualifications Clause) requires the president to be a natural-born citizen, at least 35 years of age, and a resident of the United States for at least 14 years. The 12th Amendment also sets out the basic requirements for the presidential and vice-presidential elections, including the rules of procedure for the Electoral College.
The 22nd Amendment bars candidates who have been elected twice as president or would serve more than 10 years by filling an unexpired term of another candidate. The 14th Amendment's Insurrection Clause also bars anyone from office who "shall have engaged in insurrection or rebellion [against the United States], or given aid or comfort to the enemies thereof". However, Congress may remove this disability by a two-thirds vote of each House.
The Constitution does not specify how to nominate a candidate to run for president. Instead, candidates go through a series of state primary elections and caucuses where they win a certain number of delegates based on the number of votes they receive from the electorate. These delegates, authorised to represent their state, will then vote for their assigned candidate at their political party's convention.
The official date of Election Day is set by law as "the Tuesday next after the 1st Monday in November, in every even-numbered year". The Constitution also requires that a group of electors, commonly called the Electoral College, chooses the next president. If a majority of electors fails to agree on a winner, Congress picks the winner in contingent elections held within Congress under the terms of the 12th Amendment.
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Presidential selection
The US Constitution, in Article II, Section 1, Clause 5 (the Qualifications Clause), sets out the basic requirements for presidential eligibility. To be eligible to be President, a person must be a natural-born citizen, at least 35 years of age, and a 14-year resident of the United States. Term limits under the 22nd Amendment bar candidates who have been elected twice as president or would serve more than 10 years by filling an unexpired term of another candidate.
The Constitution also establishes the Electoral College, a group of electors who choose the next president. The number of presidential electors is equal to the number of members in a state. If a majority of electors fails to agree on a winner, Congress picks the winner in contingent elections held within Congress under the terms of the 12th Amendment. The 12th Amendment outlines the procedure for electing the President and Vice President, specifically so that they are elected together. The person with the greatest number of votes for President shall be the President if they have a majority of the whole number of electors appointed. If no person has such a majority, then the House of Representatives chooses the President from the three candidates with the highest votes.
The Constitution does not set out a specific date for Election Day, but federal law establishes it as "the Tuesday next after the 1st Monday in November, in every even-numbered year". The Constitution does, however, set a hard deadline for the end of a president's term: January 20 of the year following a general election. This deadline applies regardless of term limits.
The process of selecting a president has evolved over time, with the creation of the office of the presidency at the Constitutional Convention in 1787 marking one of the greatest changes from the prevailing government under the Articles of Confederation. The Articles had no president or Supreme Court, only a Congress. The Constitution's Article I, Section 4, Clause 1 (the Elections Clause), gives state legislatures the power to choose the times, places, and manners of holding elections for the House and the Senate, subject to Congress's authority to amend state regulations. The Elections Clause also grants Congress the power to "`make or alter`" state regulations regarding congressional elections.
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Election postponement
The US Constitution's Article I, Section 4, Clause 1 (the Elections Clause) gives states and the federal government shared jurisdiction over congressional elections. It grants states the power to set the "times, places, and manner" of these elections, and Congress the authority to "alter" state regulations or "make" its own.
The Elections Clause makes states primarily responsible for regulating congressional elections, but it vests ultimate power in Congress. Congress may pass federal laws regulating congressional elections that automatically override any conflicting state statutes, or enact its own regulations concerning election aspects that states may not have addressed.
Congress has exercised this power to "'make or alter'" rules concerning congressional elections, and some of its laws lie at the heart of the modern electoral process. For example, it has established a single national Election Day for congressional elections, and mandated that states with multiple Representatives in the US hold elections on this day.
The official date of Election Day is set by law as "the Tuesday next after the 1st Monday in November, in every even-numbered year." The last change to this date was in 1845. However, the process of voting can start much earlier. According to the National Conference of State Legislatures (NCSL), 47 states, the District of Columbia, and three territories offer some form of early voting by mail or in person.
The Constitution does not give the President or other federal officials the power to change the date of an election outside of Congress's regular legislative process. However, in emergency situations, Congress could, by statute, delegate some of its electoral process powers to the Executive Branch.
In the case of a delayed presidential election, if there is no clear winner by January 20, the Speaker of the House would serve as Acting President under the current succession law. The Constitution requires that a group of electors, commonly called the Electoral College, chooses the next president. If a majority of electors fails to agree on a winner, Congress picks the winner in contingent elections held within Congress under the terms of the 12th Amendment.
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Election deadlines
The US Constitution's Article I, Section 4, Clause 1 (the Elections Clause) states that state legislatures are responsible for regulating the times, places, and manner of holding elections for the House and the Senate. However, Congress has the authority to amend these state regulations. The Elections Clause grants concurrent jurisdiction over congressional elections to the states and the federal government. While states can determine the "times, places, and manner" of elections, Congress can "alter" state regulations or "make" its own.
The official date of Election Day is set by law as "the Tuesday next after the 1st Monday in November, in every even-numbered year." This date was last changed in 1845. However, early voting can start much earlier, with 47 states, the District of Columbia, and three territories offering some form of early voting by mail or in person. The average early voting start date is 27 days before Election Day. All votes, including absentee and overseas ballots, must be cast before the polls close on Election Day. States have different deadlines for certifying results for presidential and congressional elections.
The Constitution also sets basic requirements for presidential and vice-presidential elections, such as the rules of procedure for the Electoral College. The 12th Amendment outlines the procedure for electing the President and Vice President, specifically stating that they should be elected together. The Electoral College, established by the Constitution, is responsible for selecting the President and Vice President. The 12th Amendment also addresses contingent elections held in Congress if no candidate receives a majority in the general election.
The Constitution mandates that the duly elected President and Vice President assume their positions. It also specifies a hard deadline for the end of a President's term, which is January 20 of the year following a general election. If there is no clear winner by this date, the Speaker of the House would serve as Acting President until a President or Vice President is qualified.
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Frequently asked questions
The official date of Election Day in the US is "the Tuesday next after the 1st Monday in November, in every even-numbered year".
The Electoral College is a group of electors that chooses the next president. The Electoral College was created by the drafters of the Constitution in 1787 and was first implemented in the 1788 and 1789 elections.
The Constitution requires the president to be a natural-born citizen, at least 35 years of age, and a resident of the United States for at least 14 years.
While the Constitution does not provide the President or federal officials with the power to change election dates, states and Congress have the power to delay elections.
If there is no clear winner of the presidential election, the 12th Amendment states that the House of Representatives shall choose the President from the three candidates with the highest number of votes. If the House fails to choose a President, then the Vice-President shall act as President until a President is qualified.
