United States Electoral College

In the United States, the Electoral College is the group of presidential electors that is formed every four years for the sole purpose of voting for the president and vice president in the presidential election. This process is described in Article Two of the Constitution. The number of electors from each state is equal to that state's congressional delegation which is the number of senators (two) plus the number of Representatives for that state. Each state appoints electors using legal procedures determined by its legislature. Federal office holders, including senators and representatives, cannot be electors. Federal agencies provide step-by-step descriptions of how electors are appointed, meet in December, and how Congress counts the electoral votes. Additionally, the Twenty-third Amendment granted the federal District of Columbia three electors (bringing the total number from 535 to 538). A simple majority of electoral votes (270 or more) is required to elect the president and vice president. If no candidate achieves a majority, a contingent election is held by the House of Representatives, to elect the president, and by the Senate, to elect the vice president.

The states and the District of Columbia hold a statewide or district-wide popular vote on Election Day in November to choose electors based upon how they have pledged to vote for president and vice president, with some state laws prohibiting faithless electors. All states except Maine and Nebraska use a party block voting, or general ticket method, to choose their electors, meaning all their electors go to one winning ticket. Maine and Nebraska choose one elector per congressional district and two electors for the ticket with the highest statewide vote. The electors meet and vote in December, and the inaugurations of the president and vice president take place in January. Political science research finds that winner-take-all allocation tends to concentrate presidential campaign visits and advertising in a small number of competitive "swing" states, while noncompetitive states receive comparatively less attention.

The merit of the electoral college system has been a matter of ongoing debate in the United States since its inception at the Constitutional Convention in 1787, becoming more controversial by the latter years of the 19th century, up to the present day. More resolutions have been submitted to amend the Electoral College mechanism than any other part of the constitution. An amendment that would have abolished the system was approved by the House in 1969, but failed to move past the Senate.

Supporters argue that it requires presidential candidates to have broad appeal across the country to win, while critics argue that it is not representative of the popular will of the nation. Public opinion polling has found that about two-thirds of Americans support replacing the Electoral College with a national popular vote.

Procedure

Article II, Section 1, Clause 2 of the United States Constitution directs each state to appoint a number of electors equal to that state's congressional delegation (the number of members of the House of Representatives plus two senators). The same clause empowers each state legislature to determine the manner by which that state's electors are chosen but prohibits federal office holders from being named electors. Following the national presidential election day on Tuesday after the first Monday in November, each state, and the federal district, selects its electors according to its laws. After a popular election, the states identify and record their appointed electors in a Certificate of Ascertainment, and those appointed electors then meet in their respective jurisdictions and produce a Certificate of Vote for their candidate; both certificates are then sent to Congress to be opened and counted.

In 48 of the 50 states, state laws mandate that the winner of the plurality of the statewide popular vote receives all of that state's electoral votes. In Maine and Nebraska, two electoral votes are assigned in this manner, while the remaining electoral votes are allocated based on the plurality of votes in each of their congressional districts. The federal district, Washington, D.C., allocates its 3 electoral votes to the winner of its single district election. States generally require electors to pledge to vote for that state's winning ticket; to prevent electors from being faithless electors, most states have adopted various laws to enforce the electors' pledge.

The electors of each state meet in their respective state capital on the first Tuesday after the second Wednesday of December, between December 14 and 20, to cast their votes. The results are sent to and counted by the Congress, where they are tabulated in the first week of January before a joint meeting of the Senate and the House of Representatives, presided over by the current vice president, as president of the Senate.

Should a majority of votes not be cast for a candidate, a contingent election takes place: the House holds a presidential election session, where one vote is cast by each of the fifty states. The Senate is responsible for electing the vice president, with each senator having one vote. The elected president and vice president are inaugurated on January 20.

Since 1964, there have been 538 electors. States select 535 of the electors, this number matches the aggregate total of their congressional delegations. The additional three electors come from the Twenty-third Amendment, ratified in 1961, providing that the district established pursuant to Article I, Section 8, Clause 17 as the seat of the federal government (namely, Washington, D.C.) is entitled to the same number of electors as the least populous state. In practice, that results in Washington D.C. being entitled to three electors.

Background

The Electoral College was officially selected as the means of electing president towards the end of the Constitutional Convention, due to pressure from slave states wanting to increase their voting power, since they could count slaves as 3/5 of a person when allocating electors, and by small states who increased their power given the minimum of three electors per state. The compromise was reached after other proposals, including a direct election for president (as proposed by Hamilton among others), failed to get traction among slave states. Steven Levitsky and Daniel Ziblatt describe it as "not a product of constitutional theory or farsighted design. Rather, it was adopted by default, after all other alternatives had been rejected."

In 1787, the Constitutional Convention used the Virginia Plan as the basis for discussions, as the Virginia proposal was the first. The Virginia Plan called for Congress to elect the president. Delegates from a majority of states agreed to this mode of election. After being debated, delegates came to oppose nomination by Congress for the reason that it could violate the separation of powers. James Wilson then made a motion for electors for the purpose of choosing the president.

Later in the convention, a committee formed to work out various details. They included the mode of election of the president, including final recommendations for the electors, a group of people apportioned among the states in the same numbers as their representatives in Congress (the formula for which had been resolved in lengthy debates resulting in the Connecticut Compromise and Three-Fifths Compromise), but chosen by each state "in such manner as its Legislature may direct". Committee member Gouverneur Morris explained the reasons for the change. Among others, there were fears of "intrigue" if the president were chosen by a small group of men who met together regularly, as well as concerns for the independence of the president if he were elected by Congress.

Once the Electoral College had been decided on, several delegates (Mason, Butler, Morris, Wilson, and Madison) openly recognized its ability to protect the election process from cabal, corruption, intrigue, and faction. Some delegates, including James Wilson and James Madison, preferred popular election of the executive. Madison acknowledged that while a popular vote would be ideal, it would be difficult to get consensus on the proposal given the prevalence of slavery in the South:

There was one difficulty, however of a serious nature attending an immediate choice by the people. The right of suffrage was much more diffusive in the Northern than the Southern States; and the latter could have no influence in the election on the score of Negroes. The substitution of electors obviated this difficulty and seemed on the whole to be liable to the fewest objections.

The convention approved the committee's Electoral College proposal, with minor modifications, on September 4, 1787. Delegates from states with smaller populations or limited land area, such as Connecticut, New Jersey, and Maryland, generally favored the Electoral College with some consideration for states. At the compromise providing for a runoff among the top five candidates, the small states supposed that the House of Representatives, with each state delegation casting one vote, would decide most elections.

In The Federalist Papers, James Madison explained his views on the selection of the president and the Constitution. In Federalist No. 39, Madison argued that the Constitution was designed to be a mixture of state-based and population-based government. Congress would have two houses: the state-based Senate and the population-based House of Representatives. Meanwhile, the president would be elected by a mixture of the two modes.