Simone Lawson
The Electoral College is a process established by the Founding Fathers in the US Constitution to elect the President. It is outlined in Article II, Section 1, Clause 3 of the Constitution, which details the process of selecting the President and Vice President. The Electoral College consists of 538 electors, with each state having the same number of electors as it does Members in its Congressional delegation. The process involves the selection of electors, who meet and vote for the President and Vice President, with the electoral votes then counted by Congress. The Electoral College has been a topic of debate and has undergone revisions, with the original procedure outlined in Article II, Section 1, Clause 3 being superseded by the Twelfth Amendment ratified in 1804.
| Characteristics | Values |
|---|---|
| Founding | Established by the Founding Fathers in the Constitution |
| Purpose | To elect the President and Vice President of the United States |
| Compromise | Between election by a vote in Congress and popular vote of citizens |
| Number of Electors | 538 |
| Majority Vote | 270 votes required to elect the President |
| Electors | Appointed by each State, equal to the number of Senators and Representatives |
| Elector's Choice | Electors can announce their choice beforehand, but are expected to support party nominees |
| Counting Votes | Congress counts the votes in a joint session, unless the date is changed by law |
| Inauguration Day | President-Elect is sworn in as President on January 20, 2025 |
| Amendments | Over 700 proposals introduced in Congress to reform or eliminate the Electoral College; more resolutions than any other part of the Constitution |
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What You'll Learn
The Founding Fathers established the Electoral College
The Electoral College is a process, not a place. It consists of the selection of electors, the meeting of the electors where they vote for President and Vice President, and the counting of the electoral votes by Congress. The number of electors each state appoints is equal to the size of its congressional delegation, with each state entitled to a minimum of three electors. This means that smaller states have more voting power per citizen than larger states.
The process for choosing the President outlined in Article II, Section 1, Clause 3 of the Constitution had unanticipated and unwelcome results. For example, in 1800, the Republican-Democrat electors gave both their votes to Thomas Jefferson and Aaron Burr, resulting in a tie between the two for the most votes. The 12th Amendment, ratified in 1804, superseded this provision.
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The role of electors
The Electoral College is a process established by the Founding Fathers in the US Constitution. It is comprised of 538 electors, with each state and the District of Columbia appointing its own electors. The number of electors from each state is equal to the number of its Congressional delegation, which includes two Senators and a variable number of Representatives.
The electors meet and vote in December, and the inauguration of the President and Vice President takes place in January. The Electoral College process has been the subject of ongoing debate, with critics arguing that it does not accurately represent the popular will of the nation.
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Amendments to the Electoral College
The Founding Fathers established the Electoral College in the Constitution, but the term "electoral college" does not appear in the Constitution. Article II of the Constitution and the 12th Amendment refer to “electors" and the process for electing the president and vice president.
The 12th Amendment, ratified in 1804, changed the process for electing the president and vice president. It replaced the procedure in Article II, Section 1, Clause 3, under which the Electoral College originally functioned. The new rules mandated that each elector cast one vote for president and one vote for vice president, instead of two votes for president. This amendment was a response to the 1796, 1800, and 1804 presidential elections, which resulted in a president and vice president who were political opponents, constantly acting at cross-purposes.
Over the past 200 years, more than 700 proposals have been introduced in Congress to reform or eliminate the Electoral College. The closest the United States has come to abolishing the Electoral College was during the 91st Congress (1969-1971), following the 1968 presidential election. Representative Emanuel Celler (D-New York) introduced House Joint Resolution 681, a proposed constitutional amendment to abolish the Electoral College and provide for the direct popular election of the president and vice president. However, this proposal failed to pass.
More recently, in 2005 and 2009, US Representative Gene Green (D-Texas) introduced legislation to abolish the Electoral College and have every presidential election determined by a plurality of the national vote. In 2016, Senator Barbara Boxer (D-California) introduced a similar proposal, and in 2017, Representative Steve Cohen (D-Tennessee) introduced a companion resolution in the House of Representatives. On December 16, 2024, Democratic Senators Brian Schatz (D-Hawaii), Dick Durbin (D-Illinois), and Peter Welch (D-Vermont) proposed a Constitutional Amendment to abolish the Electoral College.
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The selection of the President and Vice President
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 term "electoral college" does not appear in the Constitution, but Article II and the 12th Amendment refer to
The process consists of the selection of electors, the meeting of the electors where they vote for President and Vice President, and the counting of the electoral votes by Congress. The Electoral College consists of 538 electors, with each state appointing a number of electors equal to the size of its Congressional delegation (the number of members of the House of Representatives plus two senators). This means that each state is entitled to a minimum of three electors, and the remaining electors are roughly proportional to the state's population.
- Voters in each state choose electors to serve in the Electoral College on Election Day, which is held every four years on the Tuesday after the first Monday in November.
- By December 11, the State Executive of each state signs the Certificate of Ascertainment to appoint the electors chosen in the general election.
- On December 17, the electors in each state meet to select the President and Vice President of the United States. They vote by ballot for two persons, of whom one must not be an inhabitant of the same state as themselves.
- On January 6, Congress meets in a joint session to count the electoral votes and declare the winner.
- On January 20, the President-Elect is sworn in as President of the United States and takes the Oath of Office.
The person with the greatest number of electoral votes becomes the President. If no candidate has a majority, the House of Representatives chooses the President from the five candidates with the most votes. The Vice President is the person with the second-highest number of votes. If there is a tie, the Senate chooses the Vice President.
This process, outlined in Article II, Section 1, Clause 3 of the Constitution, has been superseded by the 12th Amendment, ratified in 1804, due to unanticipated issues during the elections of 1796 and 1800. The 12th Amendment provides for a run-off vote in the Senate if no candidate for Vice President achieves a majority in the Electoral College.
There have been many proposals to reform or abolish the Electoral College, as it is seen by some as unrepresentative of the popular will of the nation. However, supporters argue that it encourages presidential candidates to have broad appeal across the country.
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The counting of electoral votes
The Electoral Count Act of 1887
The Electoral Count Act of 1887 (ECA) is a significant piece of legislation that established procedures for counting electoral votes following a presidential election. The Act was enacted by Congress to address concerns about the lack of a formal counting procedure, which could potentially allow partisans in Congress to manipulate the results. The ECA has been amended over time, with the most recent substantial changes made by the Electoral Count Reform and Presidential Transition Improvement Act of 2022.
The Role of Electors
Electors play a crucial role in the electoral process. Each state appoints electors, who are responsible for casting, certifying, and transmitting the state's votes for President and Vice President. The number of electors in each state is equal to the total number of Senators and Representatives from that state. The electors meet in their respective states to cast their votes, and these votes are then sent to the federal government.
Counting Process in Congress
Handling Disputes and Irregularities
The Electoral Count Act provides guidelines for handling disputes and irregularities in the electoral process. Congress can reject votes under specific circumstances, such as multiple sets of electoral votes from a state, ineligible electors, or fraudulent elections. The Act also clarifies the role of the Vice President in the count, allowing both houses of Congress to overrule the Vice President's decision on including or excluding votes.
Recent Developments
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Frequently asked questions
No, the term "Electoral College" does not appear in the Constitution. However, Article II of the Constitution and the 12th Amendment refer to "electors".
The Electoral College is a process, not a place. It was established by the Founding Fathers 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 consists of 538 electors. Each state appoints a number of electors equal to the size of its Congressional delegation (the number of members of the House of Representatives plus two senators). A majority of 270 electoral votes is required to elect the President.
Yes, but it would require a Constitutional amendment. Over the past 200 years, more than 700 proposals have been introduced in Congress to reform or eliminate the Electoral College.
