Jonah Patel
The US presidential election process is a highly decentralized system, with the US Constitution setting parameters for the election of the president and other federal officials. The Constitution's 20th Amendment requires the president and vice president to end their terms on January 20 in the year following the general election. While the Constitution does not set a date for the election, it mandates that members of the House of Representatives be chosen every second year, and senators every six years. Elections are held in years divisible by four, with electors for president and vice president chosen according to the method determined by each state.
| Characteristics | Values |
|---|---|
| Election date | The first Tuesday after the first Monday in November |
| Election frequency | Every four years |
| Electoral College | Electors are chosen by each state, with the District of Columbia allocated three electors and treated like a state |
| Voter eligibility | Voters must be citizens aged 18 or older, but states can impose additional restrictions, such as banning convicted felons from voting |
| Candidates | Must be at least 35 years old and have completed 14 years of residency |
| Term limits | Presidents cannot be elected for more than two terms |
| Inauguration Day | Usually January 20 |
| Delays | Elections can be delayed by a combination of state or congressional actions, but the selection of a president and vice president cannot be postponed |
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What You'll Learn
The US Constitution outlines the election process
The Electoral College, established by the Constitution, is responsible for electing the president. Each state is allocated a number of electors equal to its delegates in both houses of Congress. These electors choose the president and vice president, with each state having one vote. If no candidate receives a majority of electoral votes, the House of Representatives selects the president, and the Senate chooses the vice president.
The 12th Amendment outlines the procedure for electing the president and vice president, stipulating that they are elected together. It also addresses situations where no candidate receives a majority vote, empowering the House of Representatives to choose the president, and the Senate to choose the vice president. The 15th, 19th, and 26th Amendments to the Constitution prohibit denying suffrage based on race, colour, sex, or age for citizens 18 years or older.
The 22nd Amendment sets a term limit, preventing a president from serving more than two terms. Additionally, the Constitution allows for early voting and absentee voting, with specific regulations varying by state. While the Constitution provides guidelines, the presidential election is an amalgamation of separate state elections, with candidates needing to qualify for each state's ballot.
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States have the power to delay elections
The U.S. Constitution does set parameters for the election of the president, including the creation of the Electoral College. However, the presidential election is an amalgamation of separate state elections, rather than a single national election. 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.
While the Constitution does not provide the President or other federal officials with the power to change election dates, it does grant Congress the authority to delegate some of its electoral process powers to the Executive Branch in emergency situations. However, Congress cannot postpone elections indefinitely, as the Constitution requires that members of the House of Representatives be chosen every second year.
At least 45 states have statutes that deal with election day emergencies, and they, along with Congress, have the power to delay that part of the election process. For example, in 2020, states were required to send in their electoral votes to Congress by December 23, 2020. If electoral votes were not received by the fourth Wednesday in December, the President of the Senate or the Archivist of the United States could use the "most expeditious method available" to obtain the votes.
Additionally, the Constitution's 20th Amendment requires the President and Vice President to end their terms on January 20 of the year following a general election, which serves as a deadline for the election process. This deadline is further reinforced by the 12th Amendment, which stipulates that if a new President is not decided by Inauguration Day, the elected Vice President will assume the responsibilities of the President until a proper candidate is chosen by Congress.
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Congress cannot delay elections indefinitely
The US presidential election process is a highly decentralised system. While the US Constitution does set parameters for the election of the president and other federal officials, state law regulates most aspects of elections in the US, including primaries, voter eligibility, and the specific details of running each state's electoral college meeting. All elections, including federal elections, are administered by the individual states.
The Constitution's 20th Amendment requires the president and vice president to end their terms on January 20 at noon in the year following the general election. This is the only hard deadline spelled out in the Constitution. Congress, by statute, controls when electoral votes are counted in 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."
Congress does not have the power to delay elections indefinitely. The Constitution requires that members of the House of Representatives shall be chosen "every second year" and senators shall be chosen for six-year terms, with one-third of senators elected in any given general election. Elections to the US House of Representatives and the US Senate are held every two years.
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. While the Constitution does not provide the President or other federal officials with the power to change the election date, it is clear that the states and Congress have the power to do so.
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The Electoral College chooses the president
The US presidential election process is a highly decentralised system. While the US Constitution does set 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, and the specific details of running each state's electoral college meeting. All elections, including federal elections, are administered by the individual states.
The Constitution's 12th Amendment outlines the procedure for how the president and vice president are elected. The Electoral College, established by the Constitution in 1789, is the means for electing the president. Electors are chosen according to the method determined by each state, and each state is allocated a number of electors equal to the number of its delegates in both houses of Congress combined.
During the general election, when citizens vote for a presidential candidate, they are actually indicating to their state which candidate they want their state to vote for at the meeting of the electors. The states use these general election results (also known as the popular vote) to appoint their electors. The winning candidate's state political party selects the individuals who will be the electors.
The electors then meet in their respective states and vote by ballot for president and vice president. If no candidate has a majority vote, or there is a tie, the House of Representatives chooses the president, and the Senate chooses the vice president. The House of Representatives also decides the presidential election if no candidate wins at least 270 electoral votes (a majority of the 538 available votes).
The president-elect and vice president-elect take the Oath of Office and become the President and Vice President of the United States, respectively.
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Presidential elections are held every four years
Presidential elections in the United States are held every four years. The election process is a highly decentralised system, with the Constitution setting parameters for the election of the president and other federal officials, but state law regulates most aspects, including the primaries, eligibility of voters, and the specific details of running each state's electoral college meeting.
The Constitution established the Electoral College as the means for electing presidents. Electors are chosen according to the method determined by each state, and they in turn select the president and vice president. The 20th Amendment requires the president and vice president to end their terms on January 20 of the year following the election.
The date of the election is set by Congress, which chose the first Tuesday after the first Monday in November to harmonise with the existing 34-day window in federal law. This results in Election Day falling between November 2 and 8.
While the Constitution does not allow the President or other federal officials to change the election date, a combination of state or congressional actions could delay elections, but not the selection of the president and vice president. The Constitution does not provide a deadline for elections, but it does require that a group of electors, or the Electoral College, chooses the next president.
The 12th Amendment outlines the procedure for electing the President and Vice President, stating that if no candidate has a majority vote, the House of Representatives chooses the president, while the Senate chooses the vice president.
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Frequently asked questions
No, the date is not set by the Constitution. Congress chose the date to be the first Tuesday after the first Monday in November.
Congress chose the date in 1845 to be the first Tuesday after the first Monday in November.
The presidential election date has never been changed in response to an emergency. However, in combination, state or congressional actions could delay elections but not postpone the selection of a president and vice president.
