How Elections Work: The Constitution's Guide

The general election process is a topic that is addressed in the constitutions of many countries, including the United States and the United Kingdom. In the US, the process of electing the president, vice president, and members of Congress is outlined in the Constitution, with the Electoral College playing a key role. The Elections Clause, or Article I, Section 4, Clause 1, grants states primary authority over election administration, including the times, places, and manner of holding elections, while Congress has a secondary role in altering or creating election laws in exceptional cases. The UK's general election process, on the other hand, has evolved over time, with the Fixed-term Parliaments Act 2011 setting a five-year interval between elections unless certain conditions are met. While the term general election can have specific meanings in different countries, it generally refers to the process of electing members of a governing body, often coinciding with other local or regional elections.

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The role of the Electoral College

The Electoral College is a process established by the Founding Fathers in the US Constitution as a compromise between the election of the President by a vote in Congress and election by a popular vote of qualified citizens. The College consists of 538 electors, with each state, including Washington, D.C., having as many electors as it has members of Congress (House and Senate). Each candidate running for President has their own group of electors, generally chosen by the candidate's political party in each state.

The Electoral College decides who will be elected President and Vice President of the US. The College is not a physical place, but a process that includes the selection of electors, the meeting of the electors where they vote, and the counting of the electoral votes by Congress. Electors are appointed by the State Executive of each state, who signs a Certificate of Ascertainment to appoint the electors chosen in the general election. The electors then meet in mid-December to cast their votes for President and Vice President.

The candidate who receives a majority of at least 270 electoral votes is elected President, and the runner-up becomes Vice President. If no candidate receives a majority of votes, the election is decided by the House of Representatives, where each state delegation gets one vote.

The Electoral College process has been criticised as it is possible to win the presidency without winning a majority of votes. This has happened several times in US history, including in 2000 when George Bush was elected despite receiving 550,000 fewer votes than Al Gore.

The Elections Clause

The Framers of the Constitution included the Elections Clause out of concern that states might establish unfair election procedures or refuse to hold elections for Congress. The Clause acts as a self-defence mechanism, allowing Congress to step in and regulate elections. For example, Congress has established a single national Election Day for congressional elections and mandated that states with multiple Representatives in the U.S.

State vs federal government powers

The United States follows a federalist system, which divides powers between the national and regional governments. This system is enshrined in the Tenth Amendment to the US Constitution, which states: "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."

The federal government's powers are outlined in the US Constitution, which include:

• The power to regulate elections: The Elections Clause (Article I, Section 4, Clause 1) gives Congress the authority to amend state election regulations. This includes establishing a single national Election Day and mandating that states with multiple representatives hold elections for Congress.
• The power to set eligibility requirements for candidates: The Constitution sets age, residency, and citizenship requirements for candidates running for the House or Senate.
• The power to protect the right to vote: The Fourteenth Amendment protects the fundamental right to vote by barring states from imposing substantial burdens on this right.
• The power to establish an Electoral College: The Electoral College, outlined in Article 2, Section 1 of the Constitution, is responsible for selecting the president and vice president.

On the other hand, the states hold powers that the Constitution has not assigned to the federal government or disallowed. For example, state legislatures choose the times, places, and manner of holding elections, subject to Congress's authority to amend these regulations. Additionally, the states have the power to delegate authority under the Elections Clause to other entities or officials, such as independent redistricting commissions, to make the electoral process fairer.

The Supreme Court plays a crucial role in interpreting and defining the powers of the federal and state governments, ensuring that federal laws are constitutional and do not overstep state powers.

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The right to vote

The Fourteenth Amendment to the U.S. Constitution explicitly protects the right to vote, preventing states from imposing undue burdens on citizens' voting rights. This amendment ensures that reasonable regulations are in place to facilitate the electoral process without undermining the right to vote. For example, laws requiring voter registration and assigned polling places are permitted under the Elections Clause.

The Constitution also establishes eligibility requirements for voters, as outlined in the 26th Amendment, which mandates that voters must be at least 18 years of age on or before Election Day. Additionally, the Constitution sets age, residency, and citizenship requirements for candidates running for the House or Senate.

The Elections Clause, found in Article I, Section 4, Clause 1 of the Constitution, grants states primary authority over election administration, including the "times, places, and manner of holding elections." This clause empowers states to regulate congressional elections, with the Supreme Court interpreting "Legislature" broadly to include any entity or procedure permitted by a state's constitution to exercise lawmaking power.

However, the Elections Clause also provides Congress with the ability to override state election rules and regulate elections if necessary. This power was intended to prevent states from establishing unfair election procedures or refusing to hold elections for Congress. Congress has exercised this authority on occasion, contributing significantly to the modern electoral process, such as establishing a single national Election Day for congressional elections.

Historical changes to the process

The United States presidential election process has evolved over time. The nomination process, consisting of primary elections, caucuses, and nominating conventions, was not specified in the Constitution but was developed by the states and political parties. The modern nominating process now consists of two parts: a series of presidential primary elections and caucuses held in each state, and the presidential nominating conventions held by each political party. Some states hold only primary elections, some only caucuses, and others use a combination of both.

Since 1845, Election Day has been set as the first Tuesday after the first Monday in November, coinciding with the general elections of federal, state, and local races. Local governments manage elections, and these races typically appear on one ballot.

Changes to national campaign finance laws since the 1970s regarding the disclosure of contributions for federal campaigns have resulted in presidential candidates declaring their intentions to run earlier than before, almost 21 months before Inauguration Day. A 1979 amendment to the Federal Election Campaign Act allowed political parties to spend without limit on get-out-the-vote and voter registration activities for a presidential candidate. Later, they were permitted to use "soft money", or unregulated and unlimited contributions, to fund this effort. The Bipartisan Campaign Reform Act of 2002 banned local and national parties from spending or accepting "soft money".

In 2016, Maine became the first state to adopt instant-runoff voting, or ranked-choice voting, for its federal elections and state primaries.

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