Omar Bennett
The United States Constitution, in Article II, Section 1, Clause 2, states that each state shall appoint electors who will cast votes to elect the President and Vice President. This system, known as the Electoral College, has been a part of the US political system since its inception in 1789. The Electoral College process, including the selection and voting procedures of electors, has been a topic of debate and has undergone changes through constitutional amendments and court interpretations. The current process involves electors meeting in their respective states to cast ballots for President and Vice President, with the results certified and sent to the President of the Senate for counting.
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What You'll Learn
The role of the Electoral College
The Electoral College is a process established by the Founding Fathers in the US Constitution. It is a group of intermediaries that select the president and vice president of the United States. The College comprises 538 electors, with each state allocated a number of electors equal to its representatives and senators. The District of Columbia is also allocated three electors, per the 23rd Amendment.
The Electoral College process consists of three parts: the selection of electors, the meeting of electors, and the counting of electoral votes by Congress. The selection of electors, or members of the Electoral College, takes place during the general election, held every four years on the Tuesday after the first Monday in November. Voters in each state choose electors to serve in the Electoral College, and each candidate running for president has their own group of electors, known as a slate. These slates are generally chosen by the candidate's political party, but the laws regarding the selection of electors vary by state. Most states have a "winner-take-all" system, awarding all electors to the candidate who wins the state's popular vote, while Maine and Nebraska have a variation of "proportional representation".
The meeting of the electors takes place on the first Tuesday after the second Wednesday in December following the general election. The electors meet in their respective states and cast their votes for president and vice president on separate ballots. The votes are recorded on a Certificate of Vote, which is sent to Congress to be counted, and to the National Archives and Records Administration (NARA) as part of the official records.
Finally, the electoral votes are counted in a joint session of Congress on January 6 of the year following the meeting of the electors (unless this date falls on a weekend, in which case Congress may pass a law to change it). The Vice President of the United States, as President of the Senate, presides over the count and announces the results. A majority of 270 votes is required for a candidate to be elected President.
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The Twelfth Amendment
The Amendment mandates that electors cast distinct votes for president and vice president, rather than two votes for president. It also stipulates that one of the candidates selected by the electors must not be from the same state as the elector. In the event of a tie or a lack of majority for the presidential candidate, the House of Representatives chooses the president, while the Senate follows the same procedure for selecting the vice president.
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The selection of electors
The second part of the process happens during the general election when voters in each state cast votes for the presidential candidate of their choice. They are voting to select their state's electors. The potential electors' names may or may not appear on the ballot below the name of the presidential candidates, depending on election procedures and ballot formats in each state. The winning presidential candidate's slate of potential electors are appointed as the state's electors—except in Nebraska and Maine, which have proportional distribution of electors.
The Constitution gives each state the task of appointing electors, with the number of electors equal to the combined total of representatives and senators from that state in Congress. State legislatures are responsible for choosing electors, but the methods they employ vary. While some states directly appoint electors, others allow their citizens to decide. The Constitution does not require electors to vote according to the popular vote in their states, and there is no federal law mandating this. However, some states have enacted laws to punish "faithless electors" who deviate from the state's popular vote.
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The casting and counting of votes
When voting for a Presidential candidate, citizens are indirectly voting for their preferred electors. Most states have a "winner-take-all" system, where all electors are awarded to the candidate who wins the state's popular vote. However, Maine and Nebraska have a variation of "proportional representation". After the general election, the state's Executive prepares a Certificate of Ascertainment, listing the names of the individuals on the slates for each candidate, the number of votes each received, and the appointed electors for the state.
The electors then meet in their respective states on the first Tuesday after the second Wednesday in December following the general election. They cast their votes for President and Vice President on separate ballots, and their votes are recorded on a Certificate of Vote. The Certificate of Vote is sent to Congress, where the votes are counted, and to the National Archives and Records Administration (NARA) as part of the official records.
On January 6 of the following year, members of the House and Senate meet in a joint session to officially count the electoral votes. The Vice President of the United States, as President of the Senate, presides over the count and announces the results. A majority of 270 electoral votes is required to elect the President. If no candidate receives a majority, the House of Representatives chooses the President from the five candidates with the highest number of electoral votes.
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Presidential requirements
The US Constitution outlines specific requirements that individuals must meet to be eligible to run for President. These requirements are stipulated in Article II, Section 1, Clause 5 of the Constitution, also known as the Qualifications Clause.
Firstly, the President must be a natural-born citizen of the United States. This requirement was included to ensure that individuals with a strong understanding of US interests and a reputation for integrity would hold the office. The interpretation of "natural-born citizen" includes children of US citizens born overseas. This interpretation is supported by the presidential candidacies of individuals born outside the current boundaries of the US, such as Senator John McCain, born in the Panama Canal Zone, and Governor George Romney, born in Mexico.
Secondly, the President must be at least 35 years old. This age requirement is consistent with the age requirements for membership in the House of Representatives and the Senate, ensuring that the President possesses the necessary maturity and experience.
Thirdly, the President must have been a resident of the United States for at least 14 years. This residency requirement provides the American people with a full opportunity to familiarise themselves with the candidate and assess their qualifications and character.
It is important to note that there is no uniform national system for appointing electors, and state legislatures have exclusive power in awarding their electoral votes. This means that while individuals cast their votes for a Presidential candidate, they are technically voting for their candidate's preferred electors. Most states follow a “winner-take-all” system, awarding all electors to the candidate who wins the state's popular vote. However, Maine and Nebraska have a variation of “proportional representation."
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Frequently asked questions
The Electoral College is a means of electing the President of the United States, established by the Constitution in 1789. The College is made up of electors from each state, who cast their votes for the President and Vice President. The candidate with the majority of electoral votes becomes President, while the candidate with the second-highest number becomes Vice President.
Each state has the same number of electors as it does Members in its Congressional delegation. Electors are chosen by the candidate's political party in each state, but the state laws vary on how electors are selected and what their responsibilities are. Electors are free to cast their ballots for any person they wish, but they often pledge to support the nominees of their party.
The electors meet in their respective states and cast their votes. The votes are recorded on a Certificate of Vote, which is sent to Congress to be counted. The Vice President of the US presides over the count and announces the results.
