Isabella Carter
The United States Constitution established the Electoral College, a process by which the American people vote for a smaller group of people, known as electors, who in turn vote for the President and Vice President. The Constitution does not specify how electors are chosen, leaving it to the individual states to decide. While the Constitution does not require electors to vote according to the popular vote in their states, some states have passed laws to prevent electors from acting against the popular vote. The process of choosing electors involves political parties in each state selecting slates of potential electors before the general election, after which the state executive signs a Certificate of Ascertainment to appoint the chosen electors.
| Characteristics | Values |
|---|---|
| Number of electors | Each state gets as many electors as it has members of Congress (House and Senate). There are currently 538 electors in total, including Washington, D.C.'s three electors. |
| Elector qualifications | The Constitution states that no Senator, Representative, or Person holding an Office of Trust or Profit under the United States shall be appointed an elector. State officials who have engaged in insurrection or rebellion against the United States or given aid and comfort to its enemies are also disqualified. |
| Elector selection process | The political parties in each state choose slates of potential electors before the general election. The selection process varies by state, with some appointing electors and others allowing citizens to decide. |
| Elector voting requirements | The Constitution does not require electors to vote according to the popular vote in their states, but some states have passed laws to enforce this. The Supreme Court ruled that states can require electors to vote according to the state's popular vote. |
| Consequences for "faithless electors" | Faithless electors may be subject to fines, disqualification, or replacement. While no elector has been prosecuted for failing to vote as pledged, some have been fined or disqualified and replaced in 2016. |
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What You'll Learn
Who can be an elector
The U.S. Constitution contains very few provisions relating to the qualifications of electors. According to Article II, Section 1, Clause 2, no Senator, Representative, or person holding an Office of Trust or Profit under the United States can be appointed as an elector. The 14th Amendment also disqualifies state officials who have engaged in insurrection or rebellion against the United States or given aid and comfort to its enemies from serving as electors. This amendment was added after the Civil War.
Each state is allocated a number of electors equal to the combined total of its representatives and senators in the U.S. Congress, including Washington, D.C.'s three electors, resulting in 538 electors in total. State legislatures are responsible for choosing electors, but the process varies from state to state. While some states allow their citizens to decide on electors, others appoint them.
The process of choosing electors typically involves each state's political parties selecting slates of potential electors before the general election. These slates are generally chosen by the candidate's political party, but the specific methods and requirements vary by state. Electors are often individuals who hold leadership positions in their party or have demonstrated loyal service over the years.
It is important to note that electors are not required to vote according to the results of the popular vote in their states, and there is no federal law mandating this. However, some states have passed laws to discourage "faithless electors," imposing fines or disqualifying them for casting invalid votes. The Supreme Court has ruled that states have the power to enforce how electors vote, and electors are generally expected to vote for their party's nominees.
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Who chooses the electors
The process of using electors comes from the US Constitution. The Constitution, however, does not specify who chooses the electors. Instead, it is left to the individual states to decide. The Constitution does, however, outline some provisions relating to the qualifications of electors. For example, Article II, Section 1, Clause 2 provides that no Senator, Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an elector.
Each state's political parties choose their own slate of potential electors. Who is chosen to be an elector, how, and when varies by state. The process of choosing electors is a two-part process. First, the political parties in each state choose slates of potential electors sometime before the general election. These slates are generally chosen by the candidate's political party in the state. After the general election, the State Executive of each state signs the Certificate of Ascertainment, listing the names of all the individuals on the slates for each candidate, and appointing the electors chosen in the general election.
Electors are generally chosen based on their perceived party loyalty. They usually hold a leadership position in their party or are chosen to recognize years of loyal service to the party. Electors are not required to vote according to the results of the popular vote in their states, and there is no federal law that requires this. However, some states have passed laws that threaten to punish so-called "faithless electors", who do not vote according to the state's popular vote.
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State laws on electors
The U.S. Constitution does not require electors to vote according to the results of the popular vote in their states, and there is no federal law that requires this. However, some states have passed laws that threaten to punish so-called "faithless electors" who do not vote according to their state's popular vote. These electors may be fined, disqualified, and replaced by a substitute elector, or even prosecuted by their state. By 2020, 32 states had passed laws that bind electors, while 18 states had laws allowing electors the freedom to vote independently.
State laws regarding the selection of electors vary. Each state's political party chooses its own slate of potential electors, and the winning candidate's slate of potential electors are appointed as the state's electors. However, Nebraska and Maine are exceptions, with a proportional distribution of electors. In these states, the state winner receives two electors, and the winner of each congressional district receives one elector.
The process of selecting electors is a two-part process. First, the political parties in each state choose slates of potential electors sometime before the general election. The winning candidate's state political party then selects the individuals who will be electors. The state executive of each state signs the Certificate of Ascertainment to appoint the electors chosen in the general election.
The qualifications to be an elector are also outlined by state laws. According to the U.S. Constitution, Article II, section 1, clause 2, no Senator, Representative, or person holding an Office of Trust or Profit under the United States shall be appointed an elector. Additionally, the 14th Amendment disqualifies state officials who have engaged in insurrection or rebellion against the United States or given aid and comfort to its enemies.
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Elector certification
The U.S. Constitution contains very few provisions relating to the qualifications of electors. According to Article II, Section 1, Clause 2, no Senator, Representative, or person holding an Office of Trust or Profit under the United States shall be appointed an elector. The 14th Amendment further disqualifies state officials who have engaged in insurrection or rebellion against the United States or given aid and comfort to its enemies. Each state's Certificate of Ascertainment confirms the names of its appointed electors, and a state's certification of its electors is generally sufficient to establish their qualifications.
The process of selecting electors, or the Electoral College, is outlined in the Constitution. The Founding Fathers established it as a compromise between the election of the President by a vote in Congress and a popular vote of qualified citizens. Each state is allocated a number of electors equal to its total representatives and senators in Congress, including Washington, D.C.'s three electors, resulting in 538 electors in total. State legislatures are responsible for choosing electors, but the methods vary. Some states appoint electors, while others allow citizens to decide.
The selection of electors typically occurs in two parts. Firstly, each state's political parties choose slates of potential electors before the general election. These slates are chosen based on perceived party loyalty, as electors are expected to vote for their party's nominee. While the Constitution does not explicitly require this, the Supreme Court has ruled that states can enforce such mandates. Electors who disobey may be fined, disqualified, and replaced, though no elector has ever been prosecuted for faithless voting.
After the general election, the State Executive of each state signs the Certificate of Ascertainment, listing the names of the appointed electors. The electors then meet in their respective states to cast their votes for President and Vice President, which are recorded on a Certificate of Vote sent to Congress for counting. This process, established by the Founding Fathers, ensures that the American people vote for a smaller group of people, or electors, who then elect the President and Vice President.
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Elector voting
The process of using electors comes from the US Constitution. The Founding Fathers established it in the Constitution as a compromise between the election of the President by a vote in Congress and election of the President by a popular vote of qualified citizens. The Electoral College is a process, not a place. The American people vote not for President and Vice President, but for a smaller group of people, known as electors.
The US Constitution contains very few provisions relating to the qualifications of electors. Article II, section 1, clause 2 provides that no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an elector. The 14th Amendment provides that state officials who have engaged in insurrection or rebellion against the United States or given aid and comfort to its enemies are disqualified from serving as electors. Each state's Certificates of Ascertainment confirms the names of its appointed electors. A state's certification of its electors is generally sufficient to establish the qualifications of electors.
Choosing each state's electors is a two-part process. First, the political parties in each state choose slates of potential electors sometime before the general election. Each candidate running for President in a state has their own group of electors (known as a slate). The slates are generally chosen by the candidate's political party in the state, but state laws vary on how the electors are selected and what their responsibilities are. State legislatures are responsible for choosing electors, but how they do this varies from state to state.
Electors are not required to vote according to the results of the popular vote in their states, and there is no federal law that requires this. However, some states have passed laws that threaten to punish so-called "faithless electors", who do not vote according to the state's popular vote. Faithless electors may be fined, disqualified, and replaced by a substitute elector, or even prosecuted by their state.
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Frequently asked questions
The Electoral College is a process where citizens vote for a smaller group of people, known as electors, instead of directly voting for the President and Vice President.
The process of choosing electors is left to individual states, which may appoint them or hold elections. Electors are generally chosen based on their perceived party loyalty.
The U.S. Constitution states that no Senator, Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an elector. State officials who have engaged in insurrection or rebellion against the United States are also disqualified.
The Constitution does not require electors to vote according to the popular vote. However, some states have passed laws to punish "faithless electors" who do not vote according to their state's popular vote.
Each state gets as many electors as it has members of Congress (House and Senate). Including Washington, D.C.’s three electors, there are currently 538 electors in total.
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