U.S. Electoral College

The United States Electoral College is the electoral college which chooses the President and Vice President of the United States at the conclusion of each Presidential election. The Electoral College was established by Article Two, Section One of the U.S. Constitution and meets every four years with electors from each state. The electoral process was modified in 1804 with the ratification of the 12th Amendment and again in 1961 with the ratification of the 23rd Amendment.

How it works

Election for President of the United States and Vice President of the United States is indirect, for which voting takes place every four years on Election Day. Although ballots typically list the names of the presidential candidates, voters within the 50 states and the District of Columbia actually choose electors when they vote for President and Vice President. These electors in turn cast the official votes for those two offices.

Related Topics:
Election Day - District of Columbia

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In most states and in D.C., the plurality winner of the popular vote for President within that state receives all of the state's electors, while all other candidates receive none. Only in Maine and Nebraska does the election follow a model more closely based on Congressional Elections: For each congressional district in those two states, the plurality winner of that district receives one district elector ("Representative-like" elector, so to speak), while the two at-large electors ("Senator-like" electors) are given to the plurality winner of the whole state. This method has been used in Maine since 1972 and Nebraska since 1996, though neither has ever split its electoral votes.

Related Topics:
Maine - Nebraska - 1972 - 1996

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Each state's electors meet in their respective state capitals in December, 41 days following the election, at which time they cast their electoral votes. Thus the electoral college never meets as one body. The electoral votes are then sealed and sent to the President of the Senate (i.e. the sitting Vice President of the United States), who retains them until the new Congress convenes in January. At that time, the votes are opened and counted in the presence of both houses of Congress. The candidate who receives a majority of electoral votes for President becomes President, and the candidate who receives a majority of electoral votes for Vice President becomes Vice President.

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If no candidate receives an absolute electoral majority for President, then the new House of Representatives is required to go into session immediately to vote for President. In this case, the top three electoral vote getters for President are the candidates for the House of Representatives to select from, and the House votes en-bloc by state for this purpose (that is, one vote per state, which is determined by the majority decision of the delegation from that state; if a state delegation is evenly split that state is considered as abstaining). This vote would be repeated if necessary until one candidate receives the votes of more than half the state delegations—at least 26 state votes, given the current number, 50, of states in the union.

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If no candidate receives an absolute majority of electoral votes for Vice President, then the United States Senate must do the same, with the top two vote getters for that office as candidates. The Senate votes in the normal manner in this case, not by States. It is unclear if the sitting Vice President would be entitled to cast his usual tie-breaking vote if the Senate should be evenly split on the matter.

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If the House of Representatives has not chosen a winner in time for the inauguration (noon on January 20), then the Constitution of the United States specifies that the new Vice President becomes Acting President until the House selects a President. If the winner of the Vice Presidential election is not known by then either, then under the Presidential Succession Act of 1947, the Speaker of the House of Representatives would become Acting President until the House selects a President or the Senate selects a Vice President.

Related Topics:
January 20 - Presidential Succession Act of 1947 - Speaker

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It is unclear what would happen if a President has been selected but the Senate remains deadlocked on a Vice President past Inauguration Day. On the one hand, the Twelfth Amendment specifies that the Senate should choose the Vice President, and it does not admit of a time limit on the selection process. On the other hand, the Twenty-Third Amendment allows the President to nominate a Vice President if a vacancy should occur.

Related Topics:
Twelfth Amendment - Twenty-Third Amendment

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As of 2005, the House of Representatives has elected the President on two occasions, in 1801 and in 1825. The Senate has chosen the Vice President once, in 1837.

Related Topics:
As of 2005 - 1801 - 1825 - 1837

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