Jonah Patel
The United States Constitution outlines the procedure for electing the President and Vice President. The Constitution established the Electoral College as the means for electing presidents. The legislature of each state determines how its electors are chosen, and these electors then select two candidates for office. The candidate with the majority of electoral votes becomes President, while the runner-up becomes Vice President. The 20th Amendment requires that the duly elected president and vice president assume their positions on January 20 following a general election.
| Characteristics | Values |
|---|---|
| Date of election | Tuesday, November 3, 2020 |
| Who can be elected | Natural-born citizens or citizens at the time of the Constitution's adoption, aged 35 or older, and with 14 years of residency in the US |
| Electoral College | The Electoral College chooses the President and Vice President |
| Majority winner | The candidate with the majority of electoral votes becomes President |
| Runner-up | The candidate with the second-highest number of votes becomes Vice President |
| No clear winner | If there is no clear winner by January 20, the Speaker of the House will serve as Acting President |
| New Congress | A new Congress must be in place on January 3 following the general election |
| Selection by Congress | If the Electoral College voters do not agree on a majority winner, Congress selects the winner |
| Term length | The President and Vice President hold office for a term of four years |
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What You'll Learn
The Electoral College
A majority of 270 electoral votes is required to elect the President. If no candidate receives the majority of electoral votes, the vote goes to the House of Representatives. This has happened twice in US history. It is possible to win the Electoral College but lose the popular vote, as occurred in 2016, 2000, and three times in the 1800s.
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The Twelfth Amendment
At its inception in 1789, the Constitution established the Electoral College as the means for electing presidents. Electors were expected to select two candidates for office, with no differentiation between who would become President and Vice President. The candidate with the majority of electoral votes would become President, and the runner-up would become Vice President. This system was rooted in the concept of the "best man", where the most qualified candidate would become President, and the second-most qualified candidate would become Vice President.
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State and congressional actions
The Constitution outlines the process of electing a president in Article II, Section 1, and subsequent amendments. It establishes the Electoral College as the means for electing presidents, with each state appointing electors equal in number to its senators and representatives in Congress. The states determine how these electors are chosen, and they are required to select two candidates for office, with no differentiation between President and Vice President. The candidate with the majority of electoral votes becomes President, and the runner-up becomes Vice President.
While the Constitution does not specify a date for the general election, it does set a deadline for the end of the President's term as January 20 of the year following the election. This deadline ensures that a new Congress is in place by January 3, and they are responsible for selecting the President and Vice President if the Electoral College cannot agree on a majority winner.
State actions play a crucial role in the presidential election process. Each state legislature determines the manner of choosing electors, and most states have statutes that address election day emergencies. The primary elections and caucuses are also run by state and local governments, contributing to the modern nominating process. In the first presidential election in 1789, the methods of choosing electors varied among the states, with some using direct voter elections, a hybrid system, or direct state legislature elections. Over time, more states adopted popular elections to choose their electors.
Congressional actions are also significant. While Congress cannot change the election date, it has the power to determine the timing of choosing the electors and the day they cast their votes, ensuring it is the same throughout the United States. The 12th Amendment outlines that if the Electoral College fails to agree on a winner, Congress selects the President through contingent elections held within Congress.
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The selection of electors
During the first presidential election in 1789, four of the 11 states at the time elected their electors directly by popular vote, two used a hybrid system involving both popular vote and the state legislature, and five had their electors chosen by the state legislature. By 1800, five of the 16 states chose electors by popular vote, and by 1824, after the rise of Jacksonian democracy, 18 of the 24 states chose electors by popular vote. Today, all states and the District of Columbia select their electors by popular vote, though other methods are allowed.
Federal law specifies that all electors must be selected on the same day, which is "the Tuesday next after the first Monday in November," i.e., a Tuesday no earlier than November 2 and no later than November 8. Each state conducts its own popular election on this Election Day to determine its slate of electors. Voters cast their ballots for a candidate, which is effectively an endorsement of that candidate's slate of electors.
The number of electors each state appoints is equal to the number of senators and representatives to which the state is entitled in Congress. However, no senator, representative, or person holding an office of trust or profit under the United States can be appointed an elector. The electors then meet in their respective states and vote for two persons, at least one of whom must not be an inhabitant of the same state as themselves.
The slate of electors from each state winning the popular vote meets at their respective state's capital on the first Monday after the second Wednesday in December to cast their electoral votes for president and vice president.
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The deadline for a new Congress
The Constitution's 12th Amendment outlines the procedure for electing Presidents and Vice Presidents, specifically that they are elected together. The Electors meet in their respective states and vote by ballot for President and Vice-President, with at least one of the candidates not being from the same state as the elector. The Electors then make distinct lists of all the persons voted for as President and Vice-President, along with the number of votes for each. These lists are signed, certified, and transmitted to the President of the Senate, who opens the certificates in the presence of the Senate and House of Representatives.
The Constitution's 20th Amendment also requires the President and Vice President to end their terms of office on January 20 at noon in the year following the general election. The deadline for choosing Electors and the day they give their votes is determined by Congress, and this day is the same throughout the United States. The Electors meet and give their votes on the first Monday after the second Wednesday in December, which falls between December 6 and December 12.
While the Constitution does not provide for the delay of a presidential election, it is important to note that each state has the authority to set its own election laws and, in certain situations, may be able to postpone the election. However, this power does not extend to the President or other federal officials, who cannot change the election date outside of Congress's regular legislative process.
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Frequently asked questions
The US Constitution does not specify a date for the general presidential election. However, it does outline a two-step process for the general election and Electoral College. The first step is for each state to appoint electors, and the second step is for Congress to set a date for these electors to cast their votes, which must be the same throughout the United States.
The electors are members of the Electoral College, which is the body that chooses the President and Vice President. The number of electors from each state is equal to the number of Senators and Representatives that state has in Congress.
The method for choosing electors is determined by each state's legislature. While electors are typically chosen by popular vote, some states have used other methods, such as direct votes by the state legislature.
Federal law mandates that electors cast their votes on "the Tuesday next after the first Monday in November," which falls between November 2 and November 8.
