Eleanor Finch
The U.S. Constitution sets parameters for the election of the president, including the creation of the Electoral College, which chooses the president. The 12th Amendment outlines the procedure for electing the president and vice president, and the 20th Amendment requires their terms to end on January 20 in the year following the election. While the Constitution does not set a date for the election, it requires a uniform Election Day for federal elections, and Congress determines the date for the Electoral College to vote. State law regulates most aspects of elections, including eligibility, and the specific requirements vary by state.
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What You'll Learn
The Electoral College
The U.S. Constitution does set parameters for the election of the president, including the creation of the Electoral College. The Electoral College is a group of electors that choose the next president. The Twelfth Amendment outlines the procedure for how the President and Vice President are elected, specifically so that they are elected together. The Twelfth Amendment was ratified on June 15, 1804, and was a revision of American politics in the early 19th century.
The legislature of each state determines how its electors are chosen. Electors are expected to select two candidates for office, and one of the selected candidates must be someone who is not from the same state as the elector. If no candidate receives a majority vote, or in the case of a tie, the House of Representatives chooses the president, and the Senate chooses the vice president.
While the Constitution sets parameters for the election of the president, state law regulates most aspects of elections, including the primaries, the eligibility of voters, and the specific details of running each state's electoral college meeting. All elections, including federal ones, are administered by individual states.
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State laws
The U.S. presidential election process is a highly decentralized system. While the U.S. Constitution sets parameters for the election of the president, state law regulates most aspects of elections in the U.S., including the primaries, the eligibility of voters, and the specific details of running each state's electoral college meeting. All elections, including federal elections, are administered by the individual states. Thus, the presidential election is an amalgamation of separate state elections instead of a single national election run by the federal government.
State legislatures are responsible for regulating voter eligibility and registration, and the specific requirements for voter eligibility and registration vary by state. For example, some states ban convicted felons from voting.
The Constitution's 20th Amendment requires the president and vice president to end their terms of office on January 20 at noon in the year following the general election. Congress by statute controls when electoral votes are counted at the states and at Congress. The current statute reads that “the electors of President and Vice President of each State shall meet and give their votes on the first Monday after the second Wednesday in December next following their appointment at such place in each State as the legislature of such State shall direct.
In some cases, disputes about the election process are settled by the courts, with the most notable example being the Bush v. Gore ruling by the Supreme Court in December 2000. At least 45 states have statutes that deal with election day emergencies. It remains clear that only the states and Congress have the power to delay that part of the election process.
Candidates must submit separate filings in each of the 50 states if they want to qualify on each state's ballot, and the requirements for filing vary by state.
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Presidential eligibility
The U.S. Constitution sets out the eligibility criteria for presidential candidates. Firstly, a candidate must be at least 35 years old by Inauguration Day and must have completed 14 years of residency in the U.S. The Twenty-second Amendment to the Constitution sets a term limit, stating that a president cannot be elected for more than two terms.
The Twelfth Amendment, ratified in 1804, outlines the procedure for electing the President and Vice President, stipulating that they are to be elected together. The Electoral College, established by the Constitution, is responsible for choosing the President and Vice President. Each state is allocated a number of electors equal to the number of its delegates in both houses of Congress. The Twelfth Amendment mandates that distinct votes must be taken for the president and vice president, and that one of the candidates must not be from the same state as the elector.
In the event that no candidate receives a majority of votes, the House of Representatives chooses the President, with each state having one vote. Similarly, the Senate chooses the Vice President if there is no majority, with a quorum of two-thirds of all Senators required. The Twelfth Amendment also addresses the inter-term phase, stating that the newly elected vice president will assume the responsibilities of the president until Congress chooses a suitable candidate.
While the Constitution provides a framework, the U.S. presidential election process is highly decentralised, with state law regulating most aspects, including primaries, voter eligibility, and the running of each state's Electoral College meeting. State legislatures are responsible for determining voter eligibility and registration, and requirements may vary between states. For example, some states prohibit convicted felons from voting.
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Voter eligibility
The eligibility criteria for voting in the US presidential election are set out in the Constitution and regulated at the state level. The 15th, 19th, and 26th Amendments to the Constitution state that suffrage cannot be denied on the grounds of race, colour, sex, or age for citizens aged 18 years or older, respectively. Beyond these basic qualifications, it is the responsibility of state legislatures to regulate voter eligibility and registration. The specific requirements for voter eligibility and registration vary by state. For instance, some states ban convicted felons from voting.
The US presidential election process is a highly decentralised system. While the US Constitution sets parameters for the election of the president and other federal officials, state law regulates most aspects of elections in the US, including the primaries, the eligibility of voters (beyond the basic constitutional definition), and the specific details of running each state's electoral college meeting. All elections, including federal elections, are administered by the individual states. Thus, the presidential election is an amalgamation of separate state elections instead of a single national election run by the federal government. Candidates must submit separate filings in each of the 50 states if they want to qualify on each state's ballot, and the requirements for filing vary by state.
The Constitution's 20th Amendment requires the president and vice president to end their terms of office on January 20 at noon in the year following the general election. This is the only hard deadline spelled out in the Constitution. 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.
A candidate may start running their campaign early before turning 35 years old or completing 14 years of residency, but they must meet the age and residency requirements by Inauguration Day. The Twenty-second Amendment to the Constitution also sets a term limit: a president cannot be elected to more than two terms.
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Presidential term limits
The U.S. Constitution does set parameters for the election of the president and other federal officials, but it does not set a date for the presidential election. Instead, it is the individual states that regulate most aspects of elections, including the primaries, the eligibility of voters, and the specific details of running each state's electoral college meeting.
The 20th Amendment to the Constitution requires the president and vice president to end their terms on January 20 at noon in the year following the general election. The 12th Amendment outlines the procedure for electing the president and vice president, specifically stating that they should be elected together. The 22nd Amendment sets a term limit for the president, stating that a president cannot be elected for more than two terms.
The Electoral College, established by Article II, Section 1 of the Constitution, is responsible for choosing the president. Each state is allocated a number of electors equal to the number of its delegates in both houses of Congress, and these electors cast their votes for president on the same day throughout the United States. If no candidate receives a majority of electoral votes, the House of Representatives chooses the president, with each state having one vote.
While the Constitution does not set a date for the presidential election, it does establish a uniform Election Day for federal elections, and it is the responsibility of state governments to safeguard these elections in compliance with federal laws. The eligibility of individuals for voting is also set out in the Constitution and regulated at the state level, with the 15th, 19th, and 26th Amendments prohibiting the denial of suffrage based on race, colour, sex, or age for citizens over 18.
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Frequently asked questions
Yes, the Constitution sets the parameters for the election of the president, including the creation of the Electoral College. The 20th Amendment requires the president and vice president to end their terms on January 20 in the year following a general election.
The Electoral College is a group of electors that chooses the next president. Each state is allocated a number of electors equal to the number of its delegates in both houses of Congress.
The electors are chosen by each state, and each state shall appoint electors "in such a manner as the legislature thereof may direct".
The candidate with the highest number of votes for President becomes the President if they have a majority of the electors' votes. If no candidate has a majority, the House of Representatives chooses the President.
