Proposals to Reform Our Presidential Electoral System: A Survey of the Historical Background and Development of the Electoral College, and a Compilation of Proposals to Reform It, With Pro and Con Analyses

LC 14*2/!L:9'1-/5~ port No. 84-150A 780 1107 PROPOSALS TO REFORM OUR PRESIDENTIAL ELECTORAL SYSTEM: A SURVEY OF THE HISTORICAL BACKGROUND AND DEVELOPMENT OF THE ELECTORAL COLLEGE, AND A COMPILATION OF PROPOSALS TO REFORM IT, WITH PRO AND CON ANALYSES GOVERNMENT DOCUMENTS COUECTtON Thomas M. Durbin Legislative Attorney American Law Division August 1, 1980 Updated August 1, 1984 T h e Congressional Research Senice works exclusivelv for the Congress, conducting research. analvzing legdaticn. and providing information at the request of committees, hlernbers, and their staffs. T h e Service makes such research available, without partisan bias, in many forms including studies, reports, compilations, digests, and background briefings. Upon request, CRS assists committees in analyzing legslative proposals and issues, and in assessing the possible effects of these proposals and their alternatives. T h e Service's senior specialists and subject analysts are also available for personal consultations in their respective fields of expertise. CRS -iii ABSTRACT Tnie report discusses the present nethod of e l e c t i n 6 the President by the dlectoral Gollege. This report discusses the various s t a t e laws relating t o the nomination and e l e c t i o n of Presidential e l e c t o r s . The various proposals t o reform the 2resent system of e l e c t i n g the President are discussed. EXECUTIVE SUMMARY This report is essentially concerned with the proposals to reform the present Electoral College system. The first part of the report pertains to the introduction, background, and history of the Elector a1 College The problem of the faithless elector i s discussed. Also discussed a r e the procedures for filling any vacancy i f a presidential or vice presidential candidate o r a president-elect o r a vice president-elect were to die. . The second part concerns state laws that regulate the nomination and election of presidential and vice presidential electors. The various methods of appointing electors,whether by state party conventions, o r by state party committees, o r by state party primaries, a r e examined. And summaries of the various laws of the States and the District of Columbia a r e examined, The third, fourth, and fifth parts of the report discuss in general the movement for the reform of the Electoral College. The various arguments favoring the retention of the present system a r e analyzed and contrasted with the arguments against the present system. The sixth part analyzes the four types of proposals to reform the present Electoral College system, The four reformative proposals include: (1) the direct election plan; ( 2 ) the district plan; ( 3 ) the proportional plan; and (4) the automatic plan. The direct election plan would provide for the direct election of the president and the vice president by the popular vote cast throughout the United States. The district plan would preserve the Electoral College system and provide that electors be chosen by the voters from the districts created within each with each state having in addition two at-large electors. Under the proportional plan, the Electoral College would be abolished, and the electors would be apportioned among the presidential and vice presidential candidates according to the number of popular votes received, thereby eliminating the winner-take-all aspect of the present system. And the automatic plan would abolish the Electoral College and simply award the electoral votes of each state to the presidential and vice presidential candidates who received the greatest number of popular votes in the state. P r o and con arguments f o r each of these proposals a r e examined. The seventh part examines recent congressional proposals f o r the reform of the Electoral College. Proposals in the 94th, 95th, 96th, 97th, and 98th Congresses a r e analyzed. CRS -vii CONTENTS Abstract.~................................~...m..~....e. ..................................... Introduction ....................................... General Election and Election of Electors.. ....... Contested Elections of Presidential Electors.. .... Executive Summary I. Certification of Electors Sent to Administrator of General Services.. .......................... Persuading the Elected Electors.. ............... Meeting of the Electoral College.. ................ Counting of Electoral Votes at a Joint Session of Congress .......................................6 Faithless Elector.. ............................ 9 Election Thrown Into House.. .................... 11 Absence of a Majority of Electoral Votes for a Vice President.. ............................... 17 Death of a Presidential Candidate o r President-. Elect.......................................... 1. Death of a Presidential Candidate.. . 19 ............ 19 2. Death of a President-Elect o r a Vice President- Elect Before Inauguration.. ................... 20 3. Death of Presidential and Vice Presidential Candidates Not R.eceiving a Majority of Electoral Votes Before the House and Senate Meet to Elect 21 Them....................................... Failure to Elect By Inauguration Day. ............. 2 3 CRS -viii L . 11 and Vice President Being R.esidents . ofPresident Same State .................................... 23 State Laws Concerning the Nomination and Election of Presidential and Vice Presidential Electors .................... 25 A . Appointment of Electors .......................... 25 . State P a r t y Conventions ...........................28 C . State P a r t y Committees ........................... 28 D . State P a r t y P r i m a r i e s ............................ 29 B E . Summaries of State Laws Relating to the Nomination and election of Presidential Electors ........... 30 III. Development of the Electoral College And Movement f o r Reform .. 112 IV . Arguments In Favor of Retaining the Present System ............ 117 V . Arguments Against the P r e s e n t System ........................ 120 VI . Proposals to Reform the Present System ...................... 127 A . Direct Election Plan ............................ 129 B . District Plan ................................... 151 C . Proportional Plan ............................... 164 D . Automatic Plan ................................. 180 . VII P r o p o s a l s in the 94th. 95th. 96th. 97th. and 98th Congresses to Reform the P r e s e n t Method of Electing the President and t h e v i c e President ..........................................190 A . 94th Congress Proposals ........................ 190 B . 95th Congress Proposals ........................ 195 C . 96th Congress Proposals ........................ 200 ......................... 204 Proposals..... .,................... 208 D. 97th Congress Proposals.. E. 98th Congress PROPOSALS T O R.EF0R.M THE ELECTORAL COLLEGE I. Introduction A. G e n e r a l E l e c t i o n and E l e c t i o n of E l e c t o r s The P r e s i d e n t of t h e United S t a t e s i s n o t e l e c t e d d i r e c t l y by t h e p e o p l e a s a r e S e n a t o r s and R e p r e s e n t a t i v e s , b u t i n d i r e c t l y , by t h e E l e c t o r a l C o l l e g e , which i s composed of P r e s i d e n t i a l e l e c t o r s r h o a r e e l e c t e d d i r e c t l y by t h e people. r h e d o n s t i t u t i o n of t h e United S t a t e s p r o v i d e s t h a t "Each S t a t e s h a l l app o i n t , i n s u c h manner as t h e L e g i s l a t u r e t h e r e o f may d i r e c t , a number o f e l e c t o r s , e q u a l t o t h e whole number of S e n a t o r s and R e p r e s e n t a t i v e s t o r h i c h t h e S t a t e mag be e n t i t l e d i n Congress" (U.S. C o n s t . , a r t . 11, $ l ) , and t h e twenty- t h i r d amendment p r o v i d e s f o r e l e c t o r s from t h e D i s t r i c t of <olumbia. A l l States and t h e d i s t r i c t of Columbia p r o v i d e f o r " a p p o i n t m e n t " of e l e c t o r s t h r o u & h d i r e c t e l e c t i o n by t h e p e o p l e . I n 1984 t h e r e were 53 S t a t e s w i t h a t o t a l of 1 0 3 Sena- ' t o r s and 4 3 5 R e p r e s e n t a t i v e s , p l u s t h r e e e l e c t o r s from t h e D i s t r i c t of i o l u m b i a ; t h u s t h e t o t a l number of P r e s i d e n t i a l e l e c t o r s i n 1 9 8 4 was 538. Under t h e c o n s t i t u t i o n , C o n g r e s s h a s t h e r e a p o n s i b i l i t j of s e t t i n g t h e d a t e on which e l e c t o r s a r e c h o s e n and a l s o of s e t t i n g t h e d a t e on which s u c h e l e c t o r s s h a l l meet and c a s t t h e i r v o t e s (U.S. ionst., a r t . 11, $ 1 ) . Longress, accord- i n g l y , h a s s e t t h e Zuesday a f t e r t h e f i r s t rlondaj i n ~Vovenber i n e v e r y f o u r t h y e a r a s t h e d a t e f o r c h o o s i n g t h e e l e c t o r s , and t h e f i r s t donday a f t e r t h e s e c o n d gednesday i n December n e x t f o l l o w i n g t h e i r e l e c t i o n a s t h e d a t e o n which s u c h e l e c t o r s s h a l l meet and c a s t t h e i r v o t e s ( 3 U.S.C. 3s 1, 7). I n p r a c t i c e , i n e v e r y S t a t e e x c e p t Maine, t h e 2 o l i t i c a l p a r t y o b t a i n i n g a 9 l u r a l i t g of v o t e s , no m a t t e r how s m a l l , names t h e e n t i r e s l a t e of e l e c t o r s . T h i s p r a c t i c e , however, i s n o t r e q u i r e d by t h e i o n s t i t u t l o n , and e a c h S t a t e i s f r e e t o change i t a t w i l l . tlaine i s t h e only S t a t e t h a t has a l a d t h a t provides t h a t p r e s i d e n t i a l e l e c t o r s of e a c h c o n g r e s s i o n a l d i s t r i c t s h a l l c a s t t h e i r ball o t s f o r c a n d i d a t e s of P r e s i d e n t and f i c e P r e s i d e n t of t h e p o l i t i c a l p a r t y u h i c h r e c e i v e d t h e l a r g e s t number of v o t e s i n e a c h c o n g r e s s i o n a l d i s t r i c t . That s t a - t u t e provides : The Presidential Electors at large shall cast their ballots for presidential and vice-presidential candidates who received the largest number of votes in the State. The Presidential Electors of each congressional district shall cast their ballots for presidential and vice-presidential candidates who received the largest number of votes in each congressional district. (Maine Rev. Stat. Ann., tit. 21, sec. 1184 1-A) 8. G o n t e s t e d E l e c t i o n s of P r e s i d e n t i a l E l e c t o r s r h e n e x t s t e p i s t h e c o u n t i n g of t h e b a l l o t s and t h e c a n v a s s i n g of t h e v o t e s f o r $ r e s i d e n t i a l e l e c t o r s i n each S t a t e . Congress h a s e n a c t e d two p r o v i s i o n s r e s p e c t i n g t h e e l e c t i o n of t h e e l e c t o r s by t h e S t a t e s . P i r s t , S e c t i o n L of t i t l e 3 , United S t a t e s Code, p r o v i d e s t h a t unenever any S t a t e h a s h e l d a n e l e c t i o n f o r t h e purpose of c h o o s i n g e l e c t o r s , and h a s f a i l e d t o maice a c h o i c e on t n e d a j p r e s c r i b e d by l a w , t h e e l e c t o r s may be a p p o i n t e d on a s u b s e q u e n t day i n s u c h a manner a s t h e l e g i s l a t u r e of s u c h S t a t e mag d i r e c t . Second, j e c t i o n 5 of t i t l e 3 , United S t a t e s Lode, p r o v i d e s t h a t where a S t a t e h a s p r o v i d e d by l a w f o r t h e f i n a l d e t e r m i n a t i o n of any c o n t e s t o r c o n t r o v e r s y c o n c e r n i n g t h e a p p o i n t m e n t of i t s e l e c t o r s and s u c h d e t e r m i n a t i o n s h a l l have been nade a t l e a s t s i x d a y s t h e p r i o r t o t i m 2 f i x e d f o r t h e m e e t i n g of t h e e l e c t o r s , s u c h d e t e r m i n a t i o n s h a l l be c o n c l u s i v e and s h a l l govern i n t h e c o u n t i n g of t h e e l a c t o r a l v o t e s a s p r o v i d e d i n t h e C o n s t i t u t i o n , and a s h e r e i n a f t e r r e g u l a t e d , so f a r a s t h e a s c e r t a i n m e n t of t h e e l e c t o r s a p p o i n t e d by s u c h S t a t e i s c o n c e r n e d . r h e " h e r e i n a f t e r r e g u l a t e d " r e f e r s t o c o n g r e s s i o n a l r e j e c t i o n of a s l a t e of e l e c t o r s d u r i n g t h e c o u n t i n g of t h e v o t e s by a j o i n t s e s s i a n of C o n g r e s s ( 3 U.S.C. . i 15). C e r t i f i c a t i o n of E l e c t o r s S e n t t o ~ d m i n i s t r a t o rof G e n e r a l S e r v i c e s Subsequent t o t h e f i n a l d e t e r m i n a t i o n of t h e p o p u l a r v o t e f o r e l e c t o r s i n e a c h S t a t e and t h e d i s t r i c t oE i o l u m b i a ( i n c l u d i n g t h e r e s o l u t i o n of c o n t e s t s ) , t h e e x e c u t i v e of e a c h S t a t e s h a l l s e n d t o t h e A d m i n i s t r a t o r of G e n e r a l S e r v i c e s , under t h e s e a l o f t h e S t a t e , a c e r t i f i c a t e of a s c e r t a i n m e n t of t h e e l e c t o r s app o i n t e d , c o n t a i n i n g t h e names of t h e e l e c t o r s and t h e v o t e s g i v e n o r c a s t f o r s u c h p e r s o n e l e c t e d . Gach S t a t e e x e c u t i v e s h a l l a l s o have d e l i v e r e d t o t h e e l e c t e d e l e c t o r s of h i s S t a t e , s i x d u p l i c a t e o r i g i n a l s of t h e same c e r t i f i c a t e u n d e r t h e s e a l of t h e S t a t e . The c e r t i f i c a t e s r e c e i v e d by t h e A d m i n i s t r a t o r of G e n e r a l S e r v i c e s s h a l l be p r e s e r v e d by him f o r one y e a r and s h a l l b e a p a r t of t h e p u b l i c r e c o r d s of h i s o f f i c e and s h a l l b2 open t o p u b l i c i n s p e c t i o n . The A d m i n i s t r a t o r of G e n e r a l S e r v i c e s , a t t h e f i r s t m e e t i n g of C o n g r e s s t h e r e a f t e r , s h a l l t r a n s m i t t o t h e t u o ilouses of Congress c o p i e s i n f u l l o f e a c h and e v e r y c e r t i f i c a t e s o r e c e i v e d ( 3 U.S.C. 0. 5 6). Persuading t h e Elected Electors I n most s t a t e s p r e s i d e n t i a l e l e c t o r s a r e bound by a p l e d g e o r o a t h t o supp o r t a p o l i t i c a l p a r t j ' s nominees f o r P r e s i d e n t and Vice P r e s i d e n t . t h a t t h e c o n s t i t u t i o n a l p r o v i s i o n s of a r t i c l e LI, that "[rlhe electors shall... 5 It i s argued 1 and t h e t w e l f t h amendment v o t e by b a l l o t f o r P r e s i d e n t and Vice P r e s i d e n t . . . " mean t h a t e l e c t o r s a r e f r e e and i n d e p e n d e n t i n c h o o s i n g t h e P r e s i d e n t and Vice P r e s i d e n t and t h a t C o n g r e s s must c o u n t t h e v o t e s a s t n e j may be i n c l i n e d t o c a s t tnem. E l e c t o r s a r e c o n s t i t u t i o n a l l j f r e e t o c a s t t h e i r b a l l o t s f o r any person t h e y nay d i s h and have o c c a s i o n a l l y done s o , and C o n g r e s s h a s c o u n t e d them. The power of e i t h e r Condress o r of t h e S t a t e s t o e n a c t l e g i s l a t i o n t o b i n d e l e c t o r s t o v o t e f o r t h e c a n d i d a t e of t h e p a r t y on t h e t i c k e t on ~ h i c ht h e y r u n i s n o t quite clear. The Supreme 2 o u r t has o n l y c o n s i d e r e d t h e i s s u e once i n Rap v. & l a i r , 343 J . S . 214, 228-231 (1952) which upheld a r u l e of t h e Democratic P a r t y of ~ l a b a m a , which, was p a s s e d p u r s u a n t t o power d e l e g a t e d by t h e l e g i s l a t u r e and r e q u i r e d z a c h c a n d i d a t e f o r o f f i c e of p r e s i d e n t i a l e l e c t o r t o t a k e a p l e d g e t o s u p p o r t t h e nominees of t h e p a r t y ' s c o n v e n t i o n f o r P r e s i d e n t and Vice P r e s i d e n t . I f a n i n f o r m a l e x a m i n a t i o n of t h e v o t i n g f o r p r e s i d e n t i a l e l e c t o r s i n d i c a t e s t h a t no c a n d i d a t e f o r P r e s i d e n t r e c e i v e d a m a j o r i t y of t h e e l e c t o r a l v o t e s , i t i s t h e o r e t i c a l l y 9 o s s i b l a t h a t b e f o r e t h e e l e c t o r s meet i n t h e i r r e s p e c t i v e S t a t e e l e c t o r a l c o l l e g e s t o v o t e f o r P r e s i d e n t and Vice P r e s i d e n t , a t t e m p t s n i g h t be made t o p e r s u a d e t h e e l e c t o r s who p l a n t o v o t e f o r c a n d i d a t e A and t h e e l e c t o r s r h o p l a n t o v o t e f o r c a n d i d a t e I3 t o g i v e a l l of t h e i r v o t e s t o o n e o r t h e o t h e r of t h e two c a n d i d a t e s t h u s p r e s e n t i n g t h a t c a n d i d a t e w i t h a m a j o r i t y of e l e c t o r a l votes. I n t h e c l o s e e l e c t i o n of 1876, b e t r e e n Governor Samuel T i l d e n , of N e w York (Democrat), and Governor R u t h e r f o r d B. Hayes, of Ohio ( K e p u b l i c a n ) , i t was r e p o r t e d t h a t a t t e m p t s were made t o b r i b e a t l e a s t one R e p u b l i c a n e l e c t o r t o v o t e f o r Mr. T i l d e n a n d c o n s e q u e n t l y g i v e him a m a j o r i t y o f t h e e l e c t o r a l v o t e s . Edward Stanwood, "A d i s t o r y of t h e P r e s i d e n c y " , (See, (1898), p. 381; A l e x a n d e r C. F l i c k , "Samuel J o n e s T i l d e n , a S t u d y i n P o l i t i c a l S a g a c i t y " , (1939), 335, 341, 346, 352.) E. M e e t i n g of t h e E l e c t o r a l C o l l e g e The C o n s t i t u t i o n a u t h o r i z e s Congress t o s e t t h e day r h e n t h e e l e c t o r s s h a l l meet i n t h e i r r e s p e c t i v e e l e c t o r a l c o l l e g e s and v o t e f o r P r e s i d e n t and Vice P r e s i dent. It r e q u i r e s t h a t t h e day be t h e same t h r o u g h o u t t h e n a t i o n (U.S. a r t i c l e 11, 5 1, cl. 3). Const. Congress h a s s e t t h e d a t e as t h e f i r s t Monday a f t e r t h e second Wednesday i n December n e x t f o l l o w i n g t h e a p p o i n t m e n t of t h e e l e c t o r s a t s u c h p l a c e i n e a c h S t a t e a s t h e l e g i s l a t u r e o f t h e S t a t e s h a l l d i r e c t ( 3 U.S.C. 7). I n e a c h S t a t e t h e l e g i s l a t u r e h a s p r o v i d e d t h a t t h e e l e c t o r s s h a l l meet a t t h e S t a t e c a p i t o l e i t h e r on t h e a p p o i n t e d day o r t h e day p r i o r t h e r e t o . C o n g r e s s h a s p r o v i d e d t h a t e a c h s t a t e may, by l a w , p r o v i d e f o r t h e f i l l i n g o f a n y v a c a n c i e s which may o c c u r i n i t s c o l l e g e o f e l e c t o r s when s u c h c o l l e g e m e e t s t o g i v e i t s e l e c t o r a l v o t e ( 3 U.S.C. S 4). The S t a t e s h a v e u s u a l l y p r o v i d e d t h a t a n y v a c a n c y i n t h e i r r e s p e c t i v e c o l l e g e s o f e l e c t o r s s h a l l b e f i l l e d by t h e remaining e l e c t o r s . When t h e e l e c t o r s seet i n t h e i r r e s p e c t i v e c o l l e g e s t n e y s h a l l v o t e f o r P r e s i d e n t a n d Vice P r e s i d e n t , r e s p e c t i v e l y , i n t h e manner d i r e c t e d by t h e C o n s t i t u t i o n ( 3 U.S.C. S d). The t w e l f t h amendment of t h e C o n s t i t u t i o n p r o v i d e s t h a t t h e e l e c t o r s s h a l l meet i n t h e i r r e s p e c t i v e S t a t e s a n d v o t e by b a l l o t f o r P r e s i d e n t a n d Vice P r e s i d e n t , one of whom, a t l e a s t , s h a l l n o t b e a n i n h a b i t a n t of t h z same s t a t e w i t h t h e m s e l v e s . They s h a l l name i n t h e i r b a l l o t s t h e p e r s o n v o t e d a s P r e s i d e n t , a n d i n d i s t i n c t b a l l o t s t h e p e r s o n v o t e d f o r a s Vice P r e s i d e n t , a n d t h e y s h a l l make d i s t i n c t l i s t s o f a l l p e r s o n s v o t e d f o r a s P r e s i d e n t , and o f a l l 2 e r s o n s v o t e d f o r a s V i c e - p r e s i d e n t , a n d of t h e number o f v o t e s f o r e a c h , r h i c h l i s t s t h e y s h a l l s i g n and c e r t i f y , and t r a n s m i t s e a l e d t o t h e s e a t of government of t h e U n i t e d S t a t e s , d i r e c t e d t o t h e P r e s i d e n t of t h e S e n a t e . C o n g r e s s h a s d i r e c t e d t h a t e a c h o f t h e e l e c t o r s s h a l l make a n d s i g n s i x c e t t i f i c a t e s o f a l l t h e v o t e s g i v e n by them, e a c h of ~ h i c hc e r t i f i c a t e s s h a l l c o n t a i n two d i s t i n c t l i s t s , o n e o f t h e v o t e s f o r P r e s i d e n t a n d t h e o t h e r o f t h e v o t e s f o r Vice P r e s i d e n t a n d s h a l l a n n e x t o e a c h of t h e c e r t i f i c a t e s o n e of t h e l i s t s of t h e e l e c t o r s which s h a l l h a v e been f u r n i s h e d t o them by d i r e c t i o n o f t h e e x e c u t i v e of t h e S t a t e ( 3 U.3.C. S 9). The e l e c t o r s i n e a c h S t a t e a n d t h e D i s t r i c t of Columbia s h a l l s e a l t h e c e r t i f i c a t e a n d c e r t i f y upon e a c h t h a t t h e l i s t s of a l l t h e v o t e s o f s u c h S t a t e g i v e n f o r P r e s i d e n t a n d of a l l t h e v o t e s g i v e n f o r V i c e P r e s i d e n t , are c o n t a i n e d t h e r e i n ( 3 U.S.C 5 10). The s i x c o p i e s of t h e c e r t i f i c a t e s of t h e v o t e s and t h e l i s t s a r e d i s t r i b u , t e d a s follows: (1) One i s s e n t by r e g i s t e r e d m a i l t o t h e P r e s i d e n t of t h e S e n a t e . ( 2 ) Two a r e s e n t t o t h e s e c r e t a r y of s t a t e of t h e S t a t e where t h e e l e c t o r s r e s p e c t i v e l y v o t e d ; one t o be h e l d s u b j e c t t o t h e o r d e r of t h e P r e s i d e n t of t h e - S e n a t e , t h e o t h e r t o be p r e s e r v e d by t h e p a r t i c u l a r S e c r e t a r y of S t a t e f o r one year. I t s h a l l be a p a r t of t h e p u b l i c r e c o r d s of h i s o f f i c e and s h a l l be open t o public inspection. ( 3 ) 3n t h e day t h e r e a f t e r , t d o c o p i e s a r e s e n t t o t h e k d m i n i s t r a t o r of G e n e r a l S e r v i c a s , one t o be h e l d s u b j e c t t o t h e o r d e r of t h e P r e s i d e n t of t h e S e n a t e , and t h e o t h e r t o be p r e s e r v e d by t h e A d m i n i s t r a t o r f o r one y e a r t o be a p a r t of t h e p u b l i c r e c o r d s of h i s o f f i c e and t o be open t o p u b l i c i n s p e c t i o n . ( 4 ) The f i n a l copy s h a l l be s e n t t o t h e judge of t h e d i s t r i c t c o u r t i n which t h e e l e c t o r s have assembled ( 3 U.S.C. $ 11). I f t h e c o p i e s of t h e c e r t i f i c a t e of v o t e s and l i s t f a i l t o r e a c h t n e P r e s i d e n t of t h s S e n a t e a n d / o r t h e A d m i n i s t r a t o r of G e n e r a l S e r v i c e s i r o n any S t a t e by t h e f o u r t h Jednesday i n December a f t e r t h e m e e t i n g of t h e e l e c t o r s s h a l l have been h e l d , t h e P r e s i d e n t of t h e S e n a t e , o r i f h e i s a b s e n t from t h e s e a t of government, t h e k d m i n i s t r a t o r of G e n e r a l S e r v i c e s s h a l l r e q u e s t t h e S e c r e t a r y of t n e S t a t e t o s e n d , by t h e most e x p e d i t i o u s method a v a i l a b l e , one copy of t h e c e r t i f i c a t e and l i s t lodged w i t h him. I f t h e r e q u e s t i s made by t h e A d m i n i s t r a t o r of G e n e r a l S e r v i c e s h e s h a l l t r a n s m i t t h e copy upon r e c e i p t t h e r e o f i m s e d i a t e l y t o t h e P r e s i d e n t of t h e S e n a t e ( 3 U.S.2. 3 12). I n t h e same c i r c u m s t a n c e s a r e q u e s t day be made o f t h e J n i t e d S t a t e s d i s t r i c t c o u r t judge t o t r a n s m i t t h e copy of him ( 3 U.S.C. t h e c e r t i f i c a t e and l i s t lodged ~ i t h F. 13). Counting of E l e c t o r a l Votes a t a J o i n t S e s s i o n of Congress The t d e l f t h amendment p r o v i d e s t h a t t h e c e r t i f i c a t e s s h a l l be opened by t h e P r e s i d e n t of t h e S e n a t e i n t h e 9 r e s e n c e of t h e S e n a t e and t h e House of Represent a t i v e s and t h e e l e c t o r a l v o t e s s h a l l be c o u n t e d . S e c t i o n 1 of t w e n t i e t h amend- a e n t p r o v i d e s t h a t t h e t e r m of a n e v l y e l e c t e d Congress s h a l l commence a t noon on t h e t h i r d day of J a a u a r y . Gongress nas p r o v i d e d t h a t i t s h a l l meet on t h e s i x t h of J a n u a r y s u c c e e d i n g e v e r y m e e t i n g o f t h e e l e c t o r s t o c o u n t t h e v o t e s (3 - 5 C o n s e q u e n t l y , t h e v o t e s d i l l be c o u n t e d by t h e ned C o n g r e s s c o n s i s t i n g of a newly e l e c t e d Xouse of R e p r e s e n t a t i v e s and a n e u l y e l e c t e d onet h i r d of t h e S e n a t e p l u s t w o - t h i r d s of t h e S e n a t o r s whose t e r m s have n o t e x p i r e d . C o n g r e s s h a s p r o v i d e d by s t a t u t e t h a t when t h e two chambers meet j o i n t l y t h e r e s h a l l be two t e l l e r s from e a c h h o u s e , p r e v i o u s l y a p p o i n t e d , who s h a l l c o u n t t h e v o t e s i n t h e h e a r i n g o f b o t h h o u s e s , commencing w i t h t h e f i r s t S t a t e a l p h a b e t i c a l l y , as t h e c e r t i f i c a t e s a r e opened by t h e P r e s i d e n t of t h e S e n a t e ( t h e Vice P r e s i d e n t ) . The r e s u l t o f t h e c o u n t i s g i v e n t o t h e P r e s i d e n t of t h e S e n a t e who announces i t t o t h e j o i n t s e s s i o n . Upon t h e r e a d i n g o f a c e r t i f i c a t e from e a c h S t a t e t h e P r e s i d e n t of t h e S e n a t e s h a l l c a l l f o r o b j e c t i o n s , i f any. d v e r y o b j e c t i a n must be i n d r i t i n g s t a t i n g i t s n a t u r e p r e c i s e l y and must be s i g n e d by a t l e a s t one S e n a t o r a n d one Member of t h e House. Upon a n o b j e c t i o n h a v i n g been a a d e , t h e S e n a t e w i t h d r a w s , and e a c h house c o n s i d e r s t h e o b j e c t i o n s e p a r a t e l y . I f o n l y o n e r e t u r n from t h e e l e c t o r s i n a S t a t e h a s been g i v e n , i t c a n be r e j e c t e d by a c o n c u r r e n t d e c i s i o n of b o t h h o u s e s when t h e y a g r e e t h a t s u c h v o t e o r v o t e s have been r e g u l a r l y g i v e n by e l e c t o r s whose a p 2 o i n t m e n t h a s been c e r tified. I f more t h a a o n e r e t u r n o r p a p e r p u r p o r t i n g t o be a r e t u r n from a S t a t e s h a l l have been r e c e i v e d , t h e v o t e s s h a l l be c o u n t e d t h a t have been r e g u l a r l y gl.ven o n l y by t h e e l e c t o r s who have been shown t o have been a p p o i n t e d p u r s u a n t t o 3 J-d-i. j 5 , and t h e n o t i c e of whose a p p o i n t m e n t s h a l l have been r e c e i v e d f r o m t h e e x e c u t i v e of t h e S t a t e . dhen t d o o r more of s u c h S t a t e a u t h o r i t i e s have d e t e r m i a e d what e l e c t o r s have been a p p o i n t e d , t h e two Houses of c o n g r e s s , a c t i n g s e p a r a t e l y s h a l l c o n c u r r e n t l y d e c i d e which of t h e a u t h o r i t i e s i s t h e l a d f u l t r i b u n a l of t h e S t a t e , and c o u n t o n l y t h e v o t e s of t h o s e e l e c t o r s d e t e r m i n e d by t h a t CRS-8 of Inore t h a n olle r e t u r n f r o m a S t a t e w h e r e t h e r e s h a l l 1,111 i l l t i l e S t a t e a n t o w h i c h s e t o f e l e c t o r s i~ e n t i t l e d t o he r t ~ c o g n l z e di l ~ H L I C ~ , t l ~ c l i tht! e l e c t o r a l v o t e s o n l y s h a l l be c o u n t e d wtiich t h e t w o t i o ~ r n e n sh:aLl c o l i c u r r r n t l y t l c c l d e w e r e c a u t by l d w f u l e l e c t o r s a p p o i n t e d In a c c o r d a n c e w i t 1 1 t h e laws of t h e S t a t e , u n l e o e t h e two houeee, a c t i n g s e p a r a t e l y , s h a l 1 c o ~ i c l r r r e l i t l y d e c i d e s ~ r c t i v o t e s n o t t o b e t h e l a w f u l v o t e e oE tlie l e g a l l y . ~ p p o t n t e de l e c t o r n of such State. Rut l f t h e t u o houeee e h a l l d i s a g r e e i n r e s p e c t O F t l ~ ec o c l n t l n e o f 911ch v o t e e , t h e n , a n d i n t h a t c a s e , t h e v o t e e o f t h e e l e c t o r s wliose ; r p p o i i i t ~ n e n t s h a l l h a v e h e e n c e r t l f l e d by t h e e x e c u t L v r o f t h e S t a t e , u n d e r s e ; r l t h e r e o t , s h ; ~ l l I)r c o ~ ~ n t c(d3 U.S.C. tlit- !j IS). Wlirn b o t h h o u s e s v o t e d o n a q u e s t i o n o r q u e v t l o n e i n v o l v i n d o n e S t a t e t h e y 811;iLl. m e e t j o i n t l y a g a i n , ;and tlie P r e n i d e n t o f t h e S e n a t e s h a l l a n n o u n c e t h e d e c i $ l o l l of' t h e q u e s t i o n s e u b ~ n t t t t x l . U r i t l l a l l t h e o b j e c t l o n s h a v e b e e n f i n a l l y d i s poned of i n r e K a r d t o a n y S t i r t e , tlie j o i n t s e s s i o n s h a l l n o t a c t u p o n t h e v o t e s 5 o f any o t h e r S t a t e ( 3 U.S.C. 15). T l ~ et w o h o u s e s meet I n t h e l l a l l of t h e H o u s e o f r ( e p r e s e n t a t i v a o , a n d t h e s t a tclLe p r o v t d c s t t i ; ~ tt t i c , j o i r i ~~ n c e t l n gs h a l l n o t b e d i s v o l v e d u n t i l t h e c o u n t oE l ~ l t . ( : t ~ ) r : ivl o t c ! ~ s h a l l I)c c o l n p l c t e d 41nd t h e r e s u l t d e c l a r e d . t , ~ l t e n 11111'bss (..ISP (:c!i~ it st1,1I1 H\I(.II ;I No recess s h a l l b e q t ~ c ? i 1011 t s l i d 1 l i ~ r l s cr c p , a r d i n g tlie c o u n t i n g o f v o t e s , i n u h i c h b e c : o ; n ~ c - t e ~ i[t' o r c i t l i c r Iiou.+e, a c t l n g s e p a r a t e l y , t o d i r e c t a r e - IIOIIS(! n o t beyolid L I I C I ~ Y Xc:l~ lendcir d a y , Sunday e x c e p t e d , a t t h e h o u r 10 o'c:lorlc 111 t h t * f o r c n o o ~ i . L F t l i z d c c l ; i r ~Lon t of t h e r e s u l t of t h e t o t a l C O I I I I L ~ !il1,11 I ~ ~ 1 1 1 o ~h a v e h e c n c o i n p l e ~ c d h c l o r e t h e t LEth c a l e n d a r d a y n e x t a f t e r !3trch f i r s t m e e t lny, o f t h e t w o h o u s e s , n o f u r t h e r o r o t h e r r e c e s s s h a l l b e t a k e n by c l t h e r h o u s e ( 3 U . S . L . 5 Lh). CRS- 9 When t h e two h o u s e s s e p a r a t e t o d e c i d e upon a n o b j e c t i o n t h a t may have been made t o t h e c o u n t i n g of any e l e c t o r a l v o t e o r v o t e s from any S t a t e , o r o t h e r quest i o n a r i s i n g i n t h e matter, e a c h S e n a t o r and R e p r e s e n t a t i v e may s p e a k t o s u c h obj e c t i o n o r q u e s t i o n f i v e m i n u t e s and o n l y once. A f t e r t n e d e b a t e s h a l l have l a s t e d two h o u r s , i t s h a l l be t h e d u t y of t h e p r e s i d i n g o f f i c e r o f e a c h house t o p u t t h e $ 17). main q u e s t i o n w i t h o u t f u r t h e r d e b a t e ( 3 U.8.C. Nhen t h e e l e c t o r a l v o t e s have been c o u n t e d and a c a n d i d a t e f o r P r e s i d e n t i s f o u n d t o have a m a j o r i t y o f s u c h v o t e s (270 o u t of 5 3 8 ) , h e s h a l l be P r e s i d e n t . If a c a n d i d a t e f o r Vice P r e s i d e n t i s found t o have a m a j o r i t y of t h e e l e c t o r a l v o t e s f o r Vice P r e s i d e n t h e s h a l l be Vice P r e s i d e n t ( t w e l f t h amenduent). When t h e two h o u s e s a r e i n j o i n t s e s s i o n , t h e P r e s i d e n t of t h e S e n a t e s h a l l have power t o p r e s e r v e o r d e r ; and no d e b a t e s h a l l be a l l o w e d a n d no q u e s t i o n s h a l l be p u t by t h e p r e s i d i n g o f f i c e r e x c e p t t o e i t h e r house on a motion t o withdraw (3 U.S.C. G. § 18). Faithless Elector On a t l e a s t f o u r o c c a s i o n s , i n 1796, 1820, 1968, and 1976 v o t e s were cast by c e r t a i n e l e c t o r s f o r P r e s i d e n t i a l c a n d i d a t e s who had n o t r e c e i v e d a p l u r a l i t y of t h e v o t e s . The v o t e s of t h e s e " f a i t h l e s s e l e c t o r s " have been c o u n t e d e v e n though o b j e c t i o n s were r a i s e d . H o r e v e r , i n a l l of t h e s e c a s e s , t h e c o u n t i n g of t h e b a l l o t s a s cast d i d n o t a f f e c t t h e outcome. On J a n u a r y 6 , 1969, when b o t h S o u s e s o f c o n g r e s s convened t o c o u n t t h e e l e c t o r a l v o t e s from t h e S t a t e s a n o b j e c t i o n by c o n c u r r e n t r e s o l u t i o n was r a i s e d t o t h e c o u n t i n g of t h e v o t e o f a n e l e c t o r from d o r t h C a r o l i n a , one D r . Lloyd W. B a i l e y , a R e p u b l i c a n e l e c t o r t h a t c a s t h i s v o t e f o r P r e s i d e n t f o r George C. Wallace and f o r Vice P r e s i d e n t f o r C u r t i s S. Lei9ay. Dr. Bailey has j u s t i f i e d h i s a c t i o n a s a "moral o b l i g a t i o n " t o t h e p e o p l e of t h e 2nd C o n g r e s s i o n a l D i s t r i c t of J o r t h C a r o l i n a , though he was e l e c t e d on a s t a t e w i d e b a l l o t . The o b j e c t i o n , s i g n e d by 7 S e n a t o r s and 38 R e p r e s e n t a t i v e s p r o v i d e d t h a t : We o b j e c t t o t h e v o t e s from t h e S t a t e of ~ i o r t h C a r o l i n a f o r George C. g a l l a c e f o r P r e s i d e n t and f o r C u r t i s 13. L e h y f o r Vice P r e s i d e n t on t h e g r o u n d s t h a t t h e y were n o t r e g u l a r l y g i v e n i n t h a t t h e p l u r a l i t y of q o t e s of t h e p e o p l e of North C a r o l i n a were c a s t f o r X i c h a r d X. Nixon f o r P r e s i d e n t and S p i r o T. Agnew f o r Vice P r e s i d e n t and t h e S t a t e t h e r e b y app o i n t e d t h i r t e e n e l e c t o r s t o v o t e f o r R i c h a r d M. Nixon f o r P r e s i d e n t and S p i r o T. Agnew f o r V i c e Pres i d e n t and a p p o i n t e d no e l e c t o r s t o v o t e f o r a n y o t h e r p e r s o n s . T h e r e f o r e , no e l e c t o r a l v o t e of N o r t h Carol i n a s h o u l d be c o u n t e d f o r George C. V a l l a c e f o r Pres i d e n t o r f o r C u r t i s E. Leday f o r Vice P r e s i d e n t . (S. Con. Res. 1, 9 1 s t Cong. ) The o b j e c t i o n was based l a r g e l y on t h e i d e a t h a t t h e v o t e of B r . B a i l e y w a s n o t " r e g u l a r l y g i v e n " a s r e q u i r e d by T i t l e 3 United S t a t e s Code s e c t i o n 15. (See g e n e r a l l y 115 Cong. Rec. 197-246, J a n . 6, 1969.) Another a t t a c k on t h e v o t e came i n t h e form of two C o n s t i t u t i o n a l o b j e c t i o n s . The f i r s t r e g a r d e d t h s v o t e a s a v i o l a t i o n of t h e v o t e r s of N o r t h C a r o l i n a f o u r t e e n t h amendment e q u a l p r o t e c t i o n g u a r t a n t e e t o a r i g h t t o a n e f f e c t i v e v o t e i n t h a t t h e " f a i t h l e s s e l e c t o r " d i l u t e d t h e e f f e c t i v e n e s s of t h e i r v o t e . The s e c o n d argument of s u c h n a t u r e was based on C o n g r e s s ' pager t o c o u n t e l e c t o r a l v o t e s b e i n g a n a b s o l u t e power n o t a l e g i s l a t i v e one and " t h e o n l y C o n s t i t u t i o n a l power s p e c i f i c a l l y g r a n t e d t o any body o r a g e n t t o p r o t e c t t h e e l e c t o r a l s y s t e m a g a i n s t a r b i t r a r y o r u n l a w f u l a c t i o n t o t h w a r t t h e p o p u l a r w i l l of t h e p e o p l e of t h e States.. .. " (Lbid. -) A d d i t i o n a l arguments f o r n o t c o u n t i n g t h e v o t e were ( 1 ) i n North C a r o l i n a t h e e l e c t o r s ' names do n o t a p p e a r on t h e b a l l o t , o n l y t h o s e of t h e c a n d i d a t e s ; t h e r e f o r e , t h e v o t e r s a r e e n t i t l e d t o assume t h a t t h e y v o t e d f o r s u c h c a n d i d a t e s and t h a t t h e i r w i l l r o u l d be c a r r i e d o u t ; ( L ) t h a t a n agency r e l a t i o n s h i p e x i s t e d between 3r. B a i l e y and t h e v o t e r s a n d t h d t h i s a c t i o n was a v i o l a t i o n of s u c h r e l a t i o n s h i p and s h o u l d n o t be d i g n i f i e d by C o n g r e s s ; ( 3 ) t h a t i f o n e e l e c t o r c a n s o a c t , s o may t h e y a l l ; ( 4 ) i n t h e c a s e of d o r t h C a r o l i n a t n e a c t i o n of D r . B a i l e y n u l l i f i e d 1 1 1 3 t h of t h e S t a t e ' s v o t i n g power i n t h e E l e c t o r a l C o l l e g e . The a r g u m e n t s a g a i n s t s u p p o r t i n g t h e o b j e c t i o n t o t h e v o t e of D r . B a i l e y were as f o l l o w s . ( 1 ) t h e C o n s t i t u t i o n a l p r o v i s i o n s of a r t i c l e I L and t h e t w e l f t h amendment b o t h p r o v i d e t h e "The e l e c t o r s s h a l l . . . . v o t e and Vice P r e s i d e n t . " by b a l l o t f o r President T h i s was i n t e r p r e t e d t o mean t h a t " t h e e l e c t o r s a r e c o n s t i - t u t i o n a l l j f r e e and i n d e p e n d e n t i n c h o o s i n g t h e P r e s i d e n t and Vice P r e s i d e n t , " and t h a t t h e r e f o r e C o n g r e s s must c o u n t t h e v o t e s a s g i v e n , ( 2 ) t h e v o t e s from i i o r t h C a r o l i n a were l a w f u l l y c e r t i f i e d and o t h e r w i s e i n o r d e r and t h e r e f o r e , regul a r , ( 3 ) no law, e i t h e r North C a r o l i n a o r F e d e r a l , p r o h i b i t e d D r . B a i l e y from v o t i n g as he wished; ( 4 ) t h e o f f i c i a l p o s i t i o n of t h e ~ q o r t hC a r o l i n a Board of E l e c t i o n s s u p p o r t e d t h e c o u n t i n g of t h e v o t e a s g i v e n ; and ( 3 ) t h e p r o p e r method f o r r e s o l v i n g s u c h a s i t u a t i o n was by G o n s t i t u t i o n a l amendment b e c a u s e none o t h e r would s e r v e . The r e s o l u t i o n f a i l e d by a v o t e of 33-58 i n t h e S e n a t e a n d 170-228 i n t h e douse. H. E l e c t i o n Thrown I n t o House I f no P r e s i d e n t i a l c a n d i d a t e o b t a i n s a m a j o r i t y of t h e whole number of e l e c - t o r a l v o t e s , t h e e l e c t i o n of t h e P r e s i d e n t f a l l s i n t o t h e House of R e p r e s e n t a t i v e s which s h a l l i m m e d i a t e l y c h o o s e a P r e s i d e n t , by b a l l o t , from t h e c a n d i d a t e s who r e c e i v e d t h e h i g h e s t number of v o t e s i n t h e E l e c t o r a l i o l l e g e , n o t e x c e e d i n g t h r e e s u c h c a n d i d a t e s ( t w e l f t h amendment). CRS-12 The C o n s t i t u t i o n p r o v i d e s t h a t i n c h o o s i n g t h e P r e s i d e n t t h e v o t e s i n t h e House s h a l l b e t a k e n by S t a t e s , t h e r e p r e s e n t a t i o n f r o m e a c h S t a t e h a v i n g o n e A quorum f o r t h i s p u r p o s e s h a l l c o n s i s t of t h e r e p r e s e n t a t i o n s f r o m two- vote. t h i r d s of t h e S t a t e s , and a m a j o r i t y of a l l t h e S t a t e s s h a l l be n e h e s s a r y t o a choice. ( t d e l f t h amendment). The e l e c t i o n of t h e P r e s i d e n t h a s been d e t e r m i n e d by t h e House o f R e p r e s e n t + t i v z s o n t d o o c c a s i o n s f o r t h e g e n e r a l e l e c t i o n s of 1 8 0 3 a n d 1824. On F e b r u a r y 1 7 , 1301, Thomas J e f f e r s o n ras c h o s e n by t h e v o t e s o f t e n S t a t e s t o 4 f o r Aaron B u r r , and 2 b l a n k . And i n 1825, t h e House e l e c t e d J o h n Q u i n c y Adams who r e c e i v e d t h e v o t e s of 13 s t a t e s t o 7 f o r AnJrew J a c k s o n , a n d 4 f o r W i l l i a m H. Crawford. The p r o c e d u r e f o r v o t i n g f o r P r e s i d e n t i n t h e House o f R e p r e s e n t a t i v e s i s d e t e r m i n e d by r u l e s a d o p t e d by t h e House, which a r e b i n d i n g o n l y d u r i n g t h e :ond r e s s i n which t h e y a r e adopted. r h e l a s t s e t o f r u l e s a d o p t e d by t h e House i n t h i s r e s p e c t was i n 1825. I n t h e 1801 e l e c t i o n , t h e House of R e p r e s e n t a t i v e s a p p o i n t e d a c o m m i t t e e t o p r e p a r e and r e p o r t r u l e s t h a t were t o be observed i n choosing t h e P r e s i d e n t . ( d i n d s ' P r e c e d e n t s of t h e iiouse of R e p r e s e n t a t i v e s , v . ILI 1 3 9 2 ) . The r u l e s a g r e e d t o a r e l i s t e d a s follows: .. 1. In the event of its appePring, upon the counting and mcerhmq of the votes given for Mdent and VicsPresident, according to the mode prencribed by the CorYhitution, tiut no penon bm a nhaU have been duly declared and entered on the jo& of corrstitutiod majority, md the -e House, the Speaker, sccompanied by the Members of the House, nhaU return to their Chamber. 2. Sesta rh.U be provided in thia House for the -dent and m a m h of the Benrte, md noti6d o n of the r m e oluU be m d e to the Ben8te. 9. The H o w , on their return from the MChamber, it being ucert.ined that tbe d t u t i o d number of 8w pment, rh.U immediately pmceed to choge one of the p~lonmfnrm r h the choice in to be made for h i d e n t ; and in ase upon the h tballot there rh.U not appeu to be a majority of the S t a in~ hvor of one of them, in arch cw the House o l d continue to b a h t for Pndappar t h t a R a i d e n t L duly dent, withoot interruption by other bumin-, until it 4. Aftsl commencing the Woting for Resident, theHou*, rh.U m t djoumuntil acboica b o d e . 6. The doom of the H o m rh.U be c l a d during the balloting, except .gimt the of3cem of the -. How. CRS - 1.3 6. In balloting, the folloriog mode dull be observed, b wit: The hpmemt.tiva d ths rc.psc6 v e 8rh.U be m wrted thst the delegstion of a33 State o h d l be together. The RepremmUva d d St.te &dl,in the 6mt b t a n c e : M o t .moq themeelves, in order to mmebh the mta d ths Bbte, d it .b31be allowed, where deemed nby the delegation, to mme one or olvne pamom af &e ro be tell- of the bdlots. After the vote of each State b .sccat.iaed, d u p l i a t a t h a d &all be -1- : snd in ase Lhc g o i e of ti- ~ W Abe. for one F n , them the name of that pamon rh.U be written on d of the dupliuten; m d in csse b e bdlota of the State be e q d y divided, then the rmd "divided" W be mitten on ePch dupLnte, .nd the mid d u p l i u t u rh.U be dqmited in the b.lloed murnar h a a a t e r proaibsd, in boxm to be provided. That, for the c o n d e n t l y the mead Fbepmmtrtive of the respective Bt.tas,there be sixteen W o t bors provided; m d thst these be d d i t i a d y two boxes provided for the p w p c e of receiving the vote^^ of the State; that aftex the delegstion of each State ah.ll hsve d e d the vote of the State, the Segant4-hm &dlurry to tha reapedve ddegatiom the tm b d o t box-, m d the delegdon of aeh St&, in the prsamce and mbject to the eumilution of dl the m~rnbernof the delegation, Mdepoait s dupliate of the a of the State in d U t box; .nd where there in more thrrn one Repremnwive of a State the dupliuter &dl not both be deposited by the a m e person. When the wm of the S b t m ua . I Ithus taken in, the B q e a a t r t A r r r m &dlcvry one of the gened W o t hxes to one table and the other to s r a o n d md mpmte~table. B i membw ahdl then be appointed m tollem of the bUoB, one of rbom .b31 be *en from ach Bate, m d be nominrted by the delegrtion of the State fmm which he rr bhn. men Theridtdl~Ib.Ubedividedintotwoeqdsets,.ccord'ingtosuch~entm~bemde.moq~ t h d v m , a n d a n e o t themidoetaof tellenddproceedtocauntthevoteainaneof themid box= .Idthe other u& sL votem in the other box; rad in the event of no sppointment of teller by u i y d e l e & o n , the E+er ohd in such a o e appoint. When the v o h of the St.tea are counted by the rarpec tive & of tellas, the d t &dl be reported to the How; snd if the reports q p e , the mme &dl be accepted M the true v o w of the State; but if the reports disgree, the S t a h ahaU immediately proceed to8nsrb.Udinnu~ner.fdd. 7. ~ e i t h a r d t h e ~ p o b d b o r ~ h . v e s ~ t ~ o f t b e v o b o f d h h & e ~ ~ a rhUd~therme,doffieL1~cethcasofIb.Ube~y~~to&e~dentofthb United Statea sad to the Senate. 8. All questions which ahaU rrise after the balloting commences,and which ah.U be decided by the Home voting psi apitr, to be incidental to the power of chocaing the *dent, sud which dull require the d&n of the Hoase, e l d l be decided by State, and witbont d e h t e ; .nd in m d .a e q d divirion of the votes of S t a b , the question a h d l be lo& A f t e r t h e House a d o p t e d s u c h r u l e s on F e b r u a r y 11, 1 8 0 1 , i t p r o c e e d e d t o e l e c t t h e P r e s i d e n t a c c o r d i n g t o t h e manner p r e s c r i b e d i n t h e C o n s t i t u t i o n . Members w e r e a p p o i n t e d t e l l e r s o f t h e r e s p e c t i v e S t a t e s t o e x a m i n e t h e b a l l o t s o f e a c h S t a t e i n a c c o r d a n c e d i t h t h e s i x t h r u l s :h?r they n a J a u o p t e d . Sixteen S t a t e s dere i n v o l v e d i n t h e b a l l o t i n g , t h e v o t e s o f n i n e S t a t e s w e r e n e c e s s a r y t o c o n s t i t u t e a c h o i c e . On P e b r a a r y 1 7 , 1801, a f t e r t h e t h i r t y - s i x t h ballot, Thomas J e f f e r s o n of V i r g i n i a r e c z i v e d t h e v o t e s o f t e n S t a t e s w h i l e A a r o n a u r r o f N e w Y o r ~r e c e i v e d t h e v o t e s o f f o u r S t a t e s , a n d t h e v o t e s o f two S t a t e s had been g i v e n blank; t h u s Thomas J e f f e r s o n was e l e c t e d P r e s i d e n t of t h e U n i t e d S t a t e s f o r t o u r y e a r s which c o m e n c e d o n Warch 4 , 1831. o f R e p r e s e n t a t i v e s , v. 111, 5 1933). ( H i n d s ' P r e c e d e n t s o f t h e Bouse l o t h e i d 2 5 e l e c t i o n , t h e House o f R e p r e s e n - t a t i v e s r e s o l v e d i t s e l f i n t o t h e c o r n i t t e e o f t h e i h o l e tiouse a n d a p p o i n t e d a c o n c a i t t e e t o p r e p a r e and r e p o r t r u l e s t o be o b s e r v e d by t h e House i n t h e e l e c t i o n of a P r e s i d e n t . The House a d o p t e d t h e f o l l o r i n g r u l e s : 1. In tho event of ita appearing, on opening all the certificates, and c o u n t i q the votes given by the electors of the neveral States for President, that no p e m n h.s a majority of the votea of the whde nr~mbcrof electors appointed, the some shPll be entered on the Joumnb of this H o w . 2. Thc roll of the Houae ehdl then be alled by States; and, on i b sppeuing th.t a M e m k or Members from t w t h i r d a of the S t a h ue present, the H o w ahdl irnmedktdy proceed, by ballot. to c h a President from tho pemom~having the higheat numbers, not e x d i n g three, on the list of thoee voted for an h i d e n t ; and, in mm neither of t h e prams &dl receive the v o t a of a majority of dl the S t a m on the first bollot, the H o w Wl continue to Wlot for s M d e n t , rithout interruption by other businem, until a President be choeen. 3. The doom of the -1 shall be c l d during the balloting, eacept mgsinst the Members of the Srnate, steaqp.phan, md the officen of the H o w . 4. h m the mmmencement of the hllotbq until an election is m d e DO propaition to adjourn shall be received, unlcla on the motion of one State, m n d e d by mother State, and the qucstion shall be decided by Stateu. The some rule shll be o & r ? ~ e din regard to any motion to chaqp the u d how for the m e e t i q of the H o w . 5. I n balloting the following mode ahdl he observed, to wit: The Reprenentativca of each State o h d l be amnged snd m + d WCT, bqinning with the mwtn at t h right ~ hand of the S p k e r ' s chair, with the Members from the State of biainc; tlwnce, proceding with the Members frvm the Stat-, in the order the GUtas u e usually named for rw-riving petitions, around the Hall 6' the Howc, until d l ue eated. A ballot box shrll be pmvided for each State. Tho Reprmntativm of each State sh.ll, in the first inst.nce, M o t unong themselves, in order to -certain the vote of their Statc; and they may, if nwccauy, appoint tellers of their ballots. After the vote of each State in wertained, duplic~teathereof ahall be made out; md in mae sny one of the pernonn fmm whom the choice ia to be made &dl receive a majority of the votee given, on any one balloting by the Repreuentativm of a strtc, tho name of thnt person ohall be written on a c h of the duplicrtea; and in m e the votes a, given &all be divided m that neither of mid persons shall have l majority of the whole n u m b r of votes given by such State, on s n y one balloting, then the word " d i v i d ~ d "ahall he written on each duplicate. l wertaincd the vote of their Stste, the Clerk shall After the delegation from esch State ~ h d bave name the States in thr order they are u n d l y named for receiving ptitionn; snd M the name of each is called the Sergeant-at-Arm &all present to the dele@ion of w h two tallot boxes, in a c h of which shall be deponitrd, by some Rrprescntative of the State, one of the dupliates made ur a i m i d of the vote of mid State, in tfiv preoence and subjwt to the examination of d l the Members from said State then prtaent; and where there in more than one Representative fmm a State, the dupliates shall not both be d c p i t e d by the eame pemn. When the votm of the States are thus all taken in, the Sergeantrt-Arma ohall ~ r one y of mid bdlot boxes to one t ~ b l eand the other to a aeparste and distinct table. One pwson from each State r e p r e n t e d In the balloting shall be sppointed by the Reprraenbt i v a to tell ofl mid bdloto; but, in cme the ReprreentrLivecr fad to appoint a teller, the Gpukcr shall aypint. On F e b r u a r y 9 , 1825, John Q u i n c j rules. (hinds' dams was e l e c t e d i n a c c o r d a n c e w i t h t h e s e P r e c e d e n t s o f t h e House of R e p r e s e n t a t i v e s , v. 111, 1984). Zach S t a t e ' s r e p r e s e n t a t i o n a r r i v e s a t i t s o n e v o t e by p o l l i n g i t s Members. The c a n d i d a t e r e c e i v i n g t h e m a j o r i t y of v o t e s of t h a t S t a t e ' s R e p r e s e n t a t i v e s w i l l r e c e i v e t h e o n e f u l l v o t e of t h e S t a t e . If the State's votes i n its poll a r e e v e n l y d i v i d e d , o r i f no c a n d i d a t e r e c e i v e s a m a j o r i t y i n t h e p o l l , t h e S t a t e w i l l l o s e i t s one v o t e . o r d e c l i n e t o vote. I n t h a t e v e n t t h e S t a t e may e i t h e r s u b m i t a b l a n k b a l l o t The House c a n k e e p t a k i n g b a l l o t a f t e r b a l l o t u n t i l o n e c a n d i - d a t e r e c e i v e s t h e v o t e s of a m a j o r i t y of t h e S t a t e s . Thus, i n t h e e l e c t i o n of 1800, which f e l l i n t o t h e House of R e p r e s e n t a t i v e s , J e f f e r s o n was c h o s e n o n F e b r u a r y 1 7 , 1801, on t h e t h i r t y - s i x t h ballot. ( F o r a d e s c r i p t i o n of what happened i n t h e E l e c t o r a l i o l l e g e and i n t h e iiouse of R e p r e s e n t a t i v e s d u r i n g t h e E l e c t i o n , s e e American H i s t o r i c a l A s s o c i a t i o n Report ( 1 9 1 3 ) , Vol. 2 , pp. 132-137.) I f no Vice P r e s i d e n t i a l c a n d i d a t e s h o u l d r e c e i v e a m a j o r i t y o f v o t e s i n t h e L l e c t o r a l i o l l e g e , t h e n from t h e two c a n d i d a t e s h a v i n g t h e h i g h e s t number of v o t e s , t h e S e n a t e s h a l l c h o o s e a Vice P r e s i d e n t . of t u i o - t h i r d s A quorum f o r t h a t p u r p o s e s h a l l c o n s i s t of t h e d h o l e number of S e n a t o r s ( 0 7 i n 1 9 8 1 ) , and a m a j o r i t y of t h e whole number ( 5 1 o u t of 1dU i n 1981) s h a l l be n e c e s s a r y t o a c h o i c e (U.S. Const. t w e l f t h amendment). I f t h e e l e c t i o n s h o u l d f a l l i n t o t h e i40use of X e p r e s e n t a t i v e s a n d i f t h e House s h o u l d f a i l t o e l e c t a P r e s i d e n t b e f o r e J a n u a r y 2 d t h , t h e n t h e V i c e Pres i d e n t - e l e c t s h a l l a c t a s P r e s i d e n t u n t i l a P r e s i d e n t s h a l l have q u a l i f i e d , and C o n d r e s s may by l a w p r o v i d e f o r a s i t u a t i o n where n e i t h e r a P r e s i d e n t - e l e c t Vice P r e s i d e n t - e l e c t nor s h a l l h a v e q u a l i f i e d , d e c l a r i n g vho s h a l l t h e n a c t as P r e s i - d e n t , o r t h e manner i n which o n e who i s t o a c t s h a l l be s e l e c t e d , a n d s u c h p e r s o n s h a l l a c t a c c o r d i n g l y u n t i l a P r e s i d e n t o r Vice P r e s i d e n t s h a l l h a v e q u a l i f i e d (U.S. C o n s t . amend. XX, i 3). Congress h a s , i n e f f e c t , provided t h a t i n t h e event t h a t b o t h t h e P r e s i d e n t - e l e c t and t h e V i c e P r e s i d e n t - e l e c t f a i l t o q u a l i f y by noon of J a n u a r y LO of t h e y e a r f o l l o d i n g t h e November e l e c t i o n , t h e n t h e S p e a k e r of t h e House s h a l l a c t a s P r e s i d e n t u n t i l e i t h e r t h e P r e s i d e n t - e l e c t 5 d e n t - e l e c t q u a l i f i e s ( 3 U.3.C. 19). o r Vice P r e s i - The S p e a k e r who would a c t a s P r e s i d e n t i n s u c h c i r c u m s t a n c e s would be t h e one c h o s e n by t h e House on J a n u a r y 3 . U n t i l t h e a d o p t i o n of t h e t w e n t i e t h amendment t o t h e C o n s t i t u t i o n , t h e elect o r a l v o t e s were c o u n t e d by t h e o u t g o i n g o r "lame duck" C o n g r e s s , which c o n c e i v a b l y c o u l d be under t h e c o n t r o l of t h e d e f e a t e d p a r t y . q i t h t h e r a t i f i c a t i o n of t h e t w e n t i e t h amendment by t h e t h i r t y - s i x t h S t a t e i n 1933 and t h e e n a c t m e n t of t n e l a w s e t t i n g t h e d a t e f o r t h e c o u n t i n g of t h e e l e c t o r a l v o t e s by C o n g r e s s a s January 6 ( 3 LT.3.C. 5 15), i t i s t h e n e w l y - e l e c t e d tIouse of R e p r e s e n t a t i v e s t h a t d o u l d c h o o s e t h e P r e s i d e n t , s i n c e t h a t amendment p r o v i d e d t h a t t h e t e r m of t h e n e w l y - e l e c t e d Xembers of C o n g r e s s s h o u l d commence o n J a n u a r y 3 i n s t e a d of March 4. ( S e e , U.3. ( 1 9 3 2 ) , p?. d o n s t . amend. 'U, $3 1, 2 , 3 and 3 . Sep. No. 2 6 , 726 Zong., 1st j e s s . 4-5 a s s e r t i n g t h a t t h e new House of R e p r e s e n t a t i v e s would h a v e t h e p o d e r t o s e l e c t t h e new P r e s i d e n t . ) CRS- 1 7 I. Absence of a H a j o r i t y of E l e c t o r a l V o t e s f o r a Vice P r e s i d e n t The t w e l f t h amendment p r o v i d e s t h a t t h e p e r s o n r e c e i v i n g t h e g r e a t e s t number o f e l e c t o r a l v o t e s a s V i c e P r e s i d e n t , s h a l l b e t h e V i c e P r e s i d e n t , i f s u c h numb e r be a m a j o r i t y of t h e e l e c t o r a l v o t e s . I f no p e r s o n r e c e i v e s a m a j o r i t y o f t h e e l e c t o r a l v o t e s f o r Vice P r e s i d e n t , t h e n f r o m t h e two h i g h e s t numbers o n t h e l i s t , t h e S e n a t e s h a l l c h o o s e t h e Vice P r e s i d e n t . A quorum f o r t h e p u r p o s e s h a l l con- s i s t o f t w o - t h i r d s o f t h e whole number o f S e n a t o r s ( 6 7 ) , a n d a m a j o r i t y o f t h e whole number ( 5 1 ) s h a l l be n e c e s s a r y t o a c h o i c e . The S e n a t e h a s b e e n c a l l e d upon T h i s o c c u r r e d i n 1837 d u r i n g t h e 2 4 t h Con- t o s e l e c t a Vice P r e s i d e n t o n l y once. g r e s s , a f t e r t h e e l e c t i o n of 1836, vhen t h e S e n a t e c h o s e R i c h a r d M. J o h n s o n , of Kentucky as Vice P r e s i d e n t t o P r e s i d e n t Van Buren. The two h o u s e s m e t j o i n t l y o n F e b r u a r y 8 , 1837, t o c o u n t t h e e l e c t o r a l v o t e . A t t h e t i m e t h e r e were 26 S t a t e s a n d a t o t a l of 294 e l e c t o r a l v o t e s . comprised a majority. f o r election. 148 v o t e s dr. J o h n s o n r e c e i v e d 147, o n e s h o r t of t h e f i g u r e n e c e s s a r y F r a n c i s G r a n g e r , o f N e w York, h a d t h e s e c o n d h i g h e s t number o f e l e c t o r a l v o t e s f o r Vice P r e s i d e n t , 77. T h e r e was some c o n t r o v e r s y o v e r d h e t h e r t h e t h r e e e l e c t o r a l v o t e s from Plichigan s h o u l d be counted. I f t h e y were n o t , t h e a g g r e g a t e number o f e l e c t o r a l v o t e s come t o 291, of which 1 4 6 *ere a m a j o r i t y . S i n c e Ilr. J o h n s o n had b e e n g i v e n t h e e l e c t o r a l v o t e s o f N i c h i g a n , i f t h e t h r e e v o t e s v e r e s u b s t r a c t e d f r o m h i s t o t a l of 1 4 7 , h e would be l e f t w i t h 1 4 4 , s t i l l not a majority. The e l e c t o r a l c o u n t was made i n t h e a l t e r n a t i v e , b o t h s e t s of f i g u r e s b e i n g used. The p r o b l e m a r o s e b e c a u s e t h e a c t a d m i t t i n g M i c h i g a n t o t h e Union had n o t been p a s s e d by i o n g r e s s when t h e S t a t e v o t e d f o r P r e s i d e n t , b u t had been passed b e f o r e t h e t i m e f o r t h e e l e c t o r a l count (ilinds', House o f R e p r e s e n t a t i v e s , v o l . 111, 1941). P r e c e d e n t s of t h e A f t e r t h e e l e c t o r a l v o t e had been announced a t t h e j o i n t s e s s i o n , t h e S e n a t e r s t i r e d t o i t s odn chaaber t o v o t e f o r t h e Vice P r e s i d e n t ( 2 o n g r e s s i o n a l Globe, 2 4 t h Z o n g r e s s , 2nd S e s s i o n , F e b r u a r y 8, 1 8 3 7 , p p . 171-172). S e n a t o r Grundg, on behalf of t h e j o i n t c o r n i t t e e a p p o i n t e d o n t h e s o b j e c t of c o u n t i n g t h e v o t e s f o r P r e s i d e n t and Vice P r e s i d e n t , e t c . , s u b m i t t e d t h e f o l l o w i n g r e s o l u t i o n , which was a d o p t e d by t h e S e n a t e : \Vl~crcns, U ~ O I I c ~ u n t i n gthe r k c t o r o l VO:CS i n the presence o f the trs.o tlouneu ofCon:ress, civen ~ t V ~ c ei'rcsiat the late rlccuon 1,): i ' r e ~ i d c ~nnd dent o f the U n i ~ r dS ' U ~ C iSt ,ni,pcs:-s tlrnt no percon 1ms reccivcd lor the o f f i x of Vwe Prchident of t l ~ rU I I I ~ CSrateq ~ 11 m n j o r i ~ o f~tlac vote3 u f the whole ~ i u r n l ~ c ofr eleciors c~pltointed;n d i t nlno opirtorinz that R r c r ~ n ohl. Jo~:ssos, o f Kentuciiy, n i ~ dF n . i s c ~ sCctscfr., o f N c w York, have rne I~i:l~c.stI~UI:I!>-IY or, thc11t.t o f i h s e voted for to fill 111rollict o f Vice Pres~dlcnt: Rrsol&l, T n o t the Seunte do now procttd to chooae a Vice P ~ . r < i J c nfrom t t l ~ cr a i d RICIIARD hl. J o ~ i s s o sand F I ~ A SGRAXGLR, CI~ they having the two I i i ~ ~ l i cnulnlrers st on the list; nnd the matir;er o f r o z q a h d l be na followa: T h e Srcretary nf the Srnntc s l ~ n lcall l the nnnics o f S e ~ ~ : ~ t ionr a alpl~ubcticulordcr, nnd each S e ~ ~ n t owill, r when hja w m e i s rallrd, nnnle the crson for wlmm he wliole number o f votes; nnd i f II ninjoriry OF c!t Smators shall vole for either the r d RICIIA~D hl. JCIISSO~ o r FRASCIS GR+SCLR,he shnll be declared, b y the Presiding Olficer o f the Sointc, cnnstitu~ionullyelcctrd V ~ c eP r e s i d r ~o~ft thc U n i o ted States for lbur yrnrs, commencing on tlic 4th day o f Alnrch next. ( C o n g r e s s i o n a l G l o b e , s u p r a , p. 1 7 0 ) . The n a s e s of s e v e r a l S e n a t o r s d e r e t h e n c a l l e d , a n d t h e v o t e d a s a s f o l l o w s : c'or :Ir. J o h n s o n , 33 For lir. Grander, 16 S i n c e t h e r e were 52 S e n a t o r s , a m a j o r i t y , n e c e s s a r y f o r a c h o i c e , was 2 7 . I h a nambar o f S e n a t o r s p r e s e n t was 4 3 . S u b s e q u e n t t o t h e v o t i n g a r e s o l u t i o n was a d o p t e d t h a t a c o m m i t t e e o f t h r e e members be a p p o i n t e d t o d a i t o n Hr. J o h n s o n a n d i n f o r m him t h a t h e h a d been cons t i t u t i o n a l l y e l e c t e d by t h e S e n a t e , V i c e P r e s i d e n t o f t h e 3 n i t e d S t a t e s f o r f o u r y e a r s commencing ~ i t h t h e f o u r t h of Piarch n e x t ( C o n ~ r e s s i o n a lGlobe, s u p r a , p. 170). J. Death of a P r e s i d e n t i a l C a n d i d a t e o r P r e s i d e n t - E l e c t d h a t happens when a P r e s i d e n t i a l c a n d i d a t e o r a P r e s i d e n t - e l e c t dies? The C o n s t i t u t i o n d o e s n o t c o n c e r n i t s e l f a t a l l w i t h t h e c o n s e q u e n c e s of a d e a t h of a presidential c a n d i d a t e and o n l y g e n e r a l l y c o n s i d e r s t h e c o n s e q u e n c e s of t h e d e a t h of a P r e s i d e n t - e l e c t o r Vice P r e s i d e n t - e l e c t u n d e r s e c t i o n 3 of t h e twen- t i e t h amendment of t h e C o n s t i t u t i o n - 1. Death of a P r e s i d e n t i a l C a n d i d a t e S i n c e , under t h e c o n s t i t u t i o n , t h e P r e s i d e n t and Vice P r e s i d e n t a r e n o t r e a l l y e l e c t e d u n t i l t h e X l e c t o r a l C o l l e g e cueets o n t h e f i r s t Monday a f t e r t h e second Wednesday i n December a f t e r t h e November g e n e r a l e l e c t i o n , t h e d e a t h of a c a n d i d a t e p r i o r t o t h e m e e t i n g of t h e E l e c t o r a l Z o l l e g e and a f t e r t h e Jovember g e n e r a l e l e c t i o n i s n o t p r o v i d e d f o r under t h e C o n s t i t u t i o n . However, t h e r u l e s o f t h e m a j o r p o l i t i c a l p a r t i e s d o p r o v i d e f o r t h e f i l l i n g o f t h e vacancy by t h e p a r t i e s ' n a t i o n a l committees. ( A r t i c l e 3 , i h a r t e r of t h e Democratic P a r t y ; R u l e 2 8 o f the Republican P a r t y Rules). The p o l i t i c a l p a r t y i s p e r m i t t e d t o choose a new P r e s i d e n t i a l c a n d i d a t e i f i t s s u c c e s s f u l c a n d i d a t e s h o u l d d i e between t h e November g e n e r a l e l e c t i o n and t h e Oecember s e e t i n g of t h e E l e c t o r a l C o l l e g e . S i n c e t h e s l a t e of e l e c t o r s c h o s e n i n e a c h s t a t e g e n e r a l l y v o t e f o r and a r e o f t e n bound by p a r t y p l e d g e s , r e q u i r e d by uany s t a t e l a u s o r s t a t e p a r t y r u l e s , t o v o t e f o r t h e c a n d i d a t e s c h o s e n by t h e i r own p o l i t i c a l p a r t y , t h e p o l i t i c a l p a r t y d h o s e c a n d i d a t e won t h e most e l e c t o r s i n t h e November e l e c t i o n would i n a l l p r o b a b i l i t y be s e l e c t i n & t h e n e x t P r e s i d e n t e v e n t h o u d h t h e f a i t h l e s s e l e c t o r problem s t i l l e x i s t s . 2. Death of a President-Clect and Vice President-Elect Before Inauguration Once the Electoral iollege has met and the votes have been cast and transmitted sealed to the President of the Senate, the President-elect and Vice President-elect if they have received a uajority of the electoral votes uould be replaced due to any death in accordance with section 3 of the taentieth amendment, which provides : If, at the time fixed for the beginning of the term of the President, the President-elect shall have died, the Vice President-elect shall become President. If a President shall not have been chosen before the time fixed for the beginning of his term, or if the President-elect shall havz failed to qualify, then the Vice President-elect shall act as President until a President shall have qualified; and the Congress may by law provide for the case wherein neither a President-elect nor a Vice President-elect shall have qualified, declaring dho shall then act as President, or the manner in dhich one who is to act shall be selected, and such person shall act accordingly until a President or Vice President shall have qualified. Thus, when a President-elect dies between the meeting of the Electoral College in December and inauguration day on January 2 0 , the Vice President-elect becomes President-elect, and the resulting vacancy in the Vice Presidency is filled following inauguration day on January 23 under procedures established by ssction 2 of the twenty-fifth amendment, which allows the President to nominate a Vice President who would take office after a confirmation by a majority of both douses of Congress. If the Vice President-elect dies between the meeting of the Electoral College in December and inauguration day on January 23 the vacancy would likedise be filled after the inaugoration of the President in accordance gith section L of the tdentyfifth amendment. And if both the President-elect and the Vice President-elect were t o d i e o r f a i l t o q u a l i f y , t h e n t h e S ? e a k e r of t h e d o u s e would a c t as P r e s i d e n t i n a c c o r d a n c e w i t h t h e p r o v i s i o n s of t h e P r e s i d e n t i a l S u c c e s s i o n A c t of 1947, 3 U.S.C. $ 13. a n d , i f a w i n n i n g c a n d i d a t e were t o d i e a f t e r t n e E l e c t o r a l C o l l e g e met a n d c a s t t h e r e q u i r e d m a j o r i t y of v o t e s f o r him and b e f o r e t h e m e e t i n g of Cong r e s s t o c o u n t t h e v o t e s , t h e S o n g r e s s would have no d i s c r e t i o n and would have t o d e c l a r e t h e a c t u a l v o t e s a t t h e t i m e t h e y were c a s t were v a l i d , a n d would have t o d e c l a r e t h a t t h e d e c e a s e d c a n d i d a t e had r e c e i v e d a m a j o r i t y of t h e v o t e s . (See H. Rept. No. 72-345, p.5 ( 1 9 3 7 ) r e p o r t i n g r e s o l u t i o n which become t w e n t i e t h amendment. ) 3 Death of P r e s i d e n t i a l and V i c e - p r e s i d e n t i a l C a n d i d a t e s Not R e c e i v i n g a k i a j o r i t y of E l e c t o r a l C o l l e g e Votes B e f o r e t h e House and S e n a t e i i e e t t o E l e c t Them When t h e c a n d i d a t e s f o r P r e s i d e n t and V i c e P r e s i d e n t do n o t r e c e i v e t h e r e q u i r e d m a j o r i t y o f E l e c t o r a l C o l l e g e v o t e s (270), t h e House o f R e p r e s e n t a t i v e s i s t o c h o o s e a P r e s i d e n t from among t h e t h r e e p e r s o n s h a v i n g t h e h i g h e s t nunber of e l e c t o r a l c o l l e g e v o t e s , a n d t h e S e n a t e i s t o c h o o s e a Vice P r e s i d e n t f r o s t h e two p e r s o n s h a v i n g t h e h i g h e s t numbers of v o t e s . (U.S. C o n s t . t w e l f t h amendment). r h u s , i f o n e of t h e t o p t h r e e P r e s i d e n t i a l c a n d i d a t e s were t o d i e , t h e House c o u l d do no more t h a n make i t s d e c i s i o n among t h e s u r v i v o r s . And i f one of t h e two Vice P r e s i d e n t i a l c a n d i d a t e s Mere t o d i e , t h e S e n a t e would h a v e t o c h o o s e t h e s u r v i v o r s i n c e i t must c h o o s e from among o n l y two c a n d i d a t e s . S e c t i o n 4 of t h e t w e n t i e t h amendment h a s a u t h o r i z e d C o n g r e s s t o change s u c h a s i t u a t i o n by law, b u t i t h a s n o t y e t done s o ; s e c t i o n 4 p r o v i d e s a s f o l l o w : The C o n g r e s s may by law p r o v i d e f o r t h e case of t h e d e a t h of any of t h e p e r s o n s from whom t h e d o u s e o f i t e p r e s e n t a t i v e s may c h o o s e a P r e s i d e n t whenever t h e r i g h t of c h o i c e s h a l l have d e v o l v e d upon them, and f o r t h e c a s e o f t h e d e a t h of a n y o f t h e p e r s o n s from whom t h e S e n a t e s a y c h o o s e a Vice P r e s i d e n t Mhenever t h e r i g h t o f c h o i c e s h a l l have d e v o l v e d upon them. Condress has never enacted legislation to meet this continbency. House Re- port 345 (72nd Congress) did state "Xo attempt has been made to indicate the manner in which Congress should provide, (for the case of the death of one of the three highest where the election is throrn into the House) for your committee did not feel that it should assume the responsibility of selecting one of the many possible policies dhich might be applicable. Under some circumstances, for ex- ample, it might be advisable to provide for a substitution of a name for the name of the decsased candidate and to permit the election by the Uouse to proceed as it otherdse rould; under other circumstances it might be advisable to provide for a reconvening of the Electoral Gollege; again it might ba necessary to provide that a designated officer shall act temporarily as President until a President can b2 chosen in the manner prescribed by law; and other methods might be selected by the Songress." The same suggested resolutions to the problem were suggested for the case of the death of one of the two highest candidates dhere the election is thrown into the Senate. In case such an eventuality did occur as respects any of the three candidates for President from whom the House would choose, or the two candidates for Vice President from dhom the Senate would choose, the respective Houses would have no alternative but to select from the remaining candidates, in the absence of the necessary legislation. (See remarks of Representative iozier, during the debate on the tdentieth amendaent, 75 Congressionai Record p . 3d33 (1932).) Or, as the douse Report on the Amendaent (supra) surmised, "If one of the three persons has died, the political party which he represents rould be practically disfranchised", since "It seems certain that votes cast for a dead man could not legally be counted." The Report declared that it might be necessary for that ?arty, "through political strategy, to prevent an election by the :louse, and r i s ~ r e c e i v i n g f a v o r a b l e r e s u l t s i n t h e S e n a t e assuming t h a t t h e e l e c t i o n of t h e Vice P r e s i d e n t i s tnrown i n t o t h e S e n a t e a s c o u l d u n d o u b t e d l y happen." K. P a i l u r e t o E l e c t by I n a u g u r a t i o n Day 1. President S e c t i o n 3 of t h e t w e n t i e t h amendment p r o v i d e s t h a t " i f a P r e s i d e n t s h a l l n o t h a v e been c h o s e n b e f o r e t h e t i m e f i x e d f o r t h e b e g i n n i n g of h i s term, o r i f the President-elect s h a l l have f a i l e d t o q u a l i f y , t h e n t h e V i c e P r e s i d e n t - e l e c t s h a l l a c t a s P r e s i d e n t u n t i l a P r e s i d e n t s h a l l have q u a l i f i e d . " This provision t a ~ e sc a r e , p r i m a r i l y , of t h e s i t u a t i o n where t h e e l e c t i o n of t h e P r e s i d e n t i s t h r o r n i n t o t h e House a n d t h e House h a s n o t s e l e c t e d a P r e s i d e n t by noon of J a n u a r y 20- I n s u c h a n e v e n t , t h e Vice P r e s i d e n t - e l e c t , w h e t h e r h e had been e l e c t e d b j t h e e l e c t o r a l c o l l e g e o r by t h e S e n a t e , would become A c t i n g P r e s i d e n t u n t i l s u c h t i m e a s t h e d o u s e made i t s s e l e c t i o n . When t h e House h a s e l e c t e d t h e P r e s i d e n t , t h e n t h e Vice P r e s i d e n t who i s a c t i n g P r e s i d e n t would become V i c e P r e s i d e n t . 2. P r e s i d e n t and Vice P r e s i d e n t I f n e i t h e r t h e House n o r t h e S e n a t e h a s r e s p e c t i v e l y e l e c t e d t h e P r e s i d e n t o r t h e Vice P r e s i d e n t by noon of J a n u a r y L O , t h e n t h e p r o v i s i o n of S e c t i o n 3 of t h e t w e n t i e t h amendment r o u l d come i n t o p l a y . P u r s u a n t t o 3 U.S.C. § 19, the S p e a k e r of t h e House would r e s i g n a s S p e a k e r and a s a member of t h e i-louse and be aworn i n a s a c t i n g P r e s i d e n t a t noon on J a n u a r y 2 0 . He would c o n t i n u e i n t h e o f f i c e u n t i l e i t h e r t h e House had e l e c t e d a P r e s i d e n t o r t h e S e n a t e a Vice President. L. P r e s i d e n t and Vice P r e s i d e n t Being R e s i d e n t s of t h e Same S t a t + The t r e l f t h amendment t o t h e U n i t e d S t a t e s C o n s t i t u t i o n p r o v i d e s i n p a r t : "The E l e c t o r s s h a l l meet i n t h e i r r e s p e c t i v e s t a t e s , and v o t e by b a l l o t f o r P r e s i d e n t and Vice P r e s i d e n t , one of whom, a t l e a s t , s h a l l n o t be a n i n h a b i t a n t of t h e same s t a t e w i t h t h e m s e l v e s . . . . " A l s o , i n a r t i c l e 11, s e c . 1, c l . 3 o f t h e Z o n s t i t u t i o n , t h e l a n g u a g e "one o f whom, a t l e a s t , s h a l l n o t be a n i n h a b i t a n t of t h e same s t a t e w i t h t h e a s e l v e s , " a p p e a r s and was s u p e r s e d e d by t h e t w e l f t h amendment a l t h o u g h none of t h e c h a n g e s made by t h e t w e l f t h amendment a f f e c t e d t h i s c l a u s e . This p r o v i s i o n has r a i s e d t h e q u e s t i o n whether t h e C o n s t i t u t i o n r e q u i r e s t h a t t h e P r e s i d e n t and Vice P r e s i d e n t be r e s i d e n t s o f d i f f e r e n t s t a t e s . Although t h e r e have bean no j u d i c i a l d e c i s i o n s i n t e r p r e t i n g t h i s p r o v i s i o n , i t i s g e n e r a l l y cons t r u e d a s n o t p r o h i b i t i n g t h e e l e c t i o n of a P r e s i d e n t and Vice P r e s i d e n t from t h e same s t a t e . The p r o v i s i o n merely p r o h i b i t s t i l e e l e c t o r s of t h e E l e c t o r a l C o l l e g e of a p a r t i c u l a r s t a t e from v o t i n g f o r two p e r s o n s t h e o t h e r Vice P r e s i d e n t who a r e v o t i n g . - - one t o be P r e s i d e n t , who a r e w i t h i n h a b i t a n t s of t h e same s t a t e a s e l e c t o r s F o r example, i f t h e P r e s i d e n t i a l and Vice P r e s i d e n t i a l c a n d i d a t e s s e r e from t h e same s t a t e , t h e e l e c t o r s of t h a t s t a t e c a n v o t e f o r o n l y one of t h e c a n d i d a t e s who i s on i n h a b i t a n t of t h a t s t a t e . Assuming t h a t t h e y would c a s t t h e i r v o t e s f o r t h e P r e s i d e n t i a l c a n d i d a t e , t h e y would n o t be a b l e t o c a s t t h e i r v o t e s f o r t h e V i c e P r e s i d e n t i a l c a n d i d a t e s i n c e t h a t c a n d i d a t e would be of t h e same s t a t e . T h e r e f o r e , f o r t h e s e c o n d o f f i c e , t h e Vice P r e s i d e n t i a l o f f i c e i n t h i s example t h e e l e c t o r s of t h a t s t a t e must e i t h e r v o t e f o r a n i n h a b i t a n t of any o t h e r s t a t e who i s a c a n d i d a t e f o r t h a t o f f i c e o r l o s e t h e i r e l e c t o r a l vote a s t o that office. However, t h e e l e c t o r s o f a l l of t h e o t h e r f o r t y - n i n e s t a t e s may v o t e f o r t h e two c a n d i d a t e s from t h e same s t a t e i f t h e y c h o s e . 11. State Laws Concerning The Nomination And Election Of Presidential Electors A. Appointment of Electors Under Article 11, section 1, clause 2 of the United States constitution, the President is neither elected directly by the voters nor elected by the Congress, but is instead elected by presidential electors; that provision r e a d s a s follows: "Each state shall appoint, in such manner a s the legislature thereof may direct, a number of electors, equal to the whole number of senators and representatives to which the state may be entitled in the Congress.. .. " The United S t a t e s u p r e m e Court in McPherson v. Blacker, not provide: 146 U. S. 1 (1892), noted that the United States Constitution does (1) that the appointment of electors shall be by popular vote; ( 2 ) that the electors shall be voted for upon a general ticket; and ( 3 ) that the majority who vote can alone choose the electors. [Id., - 271. People act through their r e p r e s e n - tatives in the legislature, and the method of appointing electors to the Electoral College is left to the state legislature. Thus, the appointment and the mode of appointment of electors to the Electoral College belong exclusively to the States under the United States Constitution. [Ibid. 1. F o r example, the state legislature may provide f o r the choice of electors by d i s t r i c t s o r by a s t a t e wide general ticket. - - [Id. , 361. - And in Ray v. Blair, 3 4 3 U. S. 214 (1952), the United States Supreme Court held that, when a state authorizes a political party to choose i t s nominees f o r presidential electors in a p r i m a r y election and to fix the qualifications f o r the candidates, it is not violative of the Constitution for the party t o r e q u i r e the candidates f o r presidential elector t o take a pledge t o support the nominees of the p a r t y ' s national convention f o r president and vice president o r f o r the party t o r e f u s e to certify a person a s a candidate f o r presidential elector who r e f u s e s t o take such - 224-2251. a pledge. [Id. A s t a t e ' s o r a political p a r t y ' s exclusion of candidates f r o m a p a r t y p r i m a r y because they will not pledge t o support the p a r t y ' s nominees is a method of s e c u r i n g party loyalty and is an e x e r c i s e of the s t a t e ' s right t o appoint e l e c t o r s a s it m a y choose subject t o constitutional limitations. [Id., 2261, Even though the States and the D i s t r i c t of Columbia have d i s c r e t i o n in choosing the electors, the Supreme Court h a s recognized a f e d e r a l i n t e r e s t in protecting the integrity of the E l e c t o r a l College p r o c e s s . The Court h a s upheld the power of Congress t o protect v o t e r s in e x e r c i s i n g t h e i r right f r e e l y s o that the votes by which the P r e s i d e n t is elected s h a l l be the f r e e votes of the e l e c t o r s . E x P a r t e Yarbrough, -- (1884). Moreover, in Burroughs And Cannon 110 U. S. 651, 662 v. United States, the Supreme Court held that Congress h a s the power to protect the choice of e l e c t o r s f r o m fraud and corruption. [290 U. S. 534, 546 (1934)l. Under Article 11, section 1, the power of the States t o p a s s laws regulating the selection of presidential and vice-presidential e l e c t o r s is extensive, but such power cannot be exercised in such a way a s t o violate e x p r e s s constitutional provisions that would specifically b a r States from passing c e r t a i n kinds of laws such a s those which would effectively limit access to the ballot to electors of the two major political parties. Williams v. R.hodes, 393 U. S. 23,24 (1968). State laws that a r e enacted to regulate the selection of electors must meet the requirements of the Equal Protection Clause of the Fourteenth Amendment. [Id., - 28-29]. Congress pursuant to Article 11, section 1, clause 3 s e t s the date f o r the election of presidential and vice presidential electors; that provision provides: I1 The Congress may determine the time of choosing the electors, and the day on which they shall give their votes; which day shall be the s a m e throughout the United States. It By statute Congress has s e t the date a s the Tuesday next after the f i r s t Monday in November in every fourth y e a r succeeding every election of a President and Vice President. [Ch. 644, 62 Stat. 672 (1948); 2 U . S .C. § 11. The candidates for president and vice president who a r e nominated at the respective national conventions a r e generally entitled under the laws of the States to have their names placed on the general election ballot. This is a m e r e formality since the president and the vice president a r e actuality elected by the electors under the Constitution. The electors a r e state officers who a r e nominated and elected according to state law. In R.e - 7 Green, 134 U. S. 377, 379 (1890). The electors a r e generally paid some f o r m of compensation by the States; often this is usually only n e c e s s a r y traveling expenses. The practice of the States -may differ a s to the printing of names of presidential and vice presidential electors on the general election ballot. Some States print only the names of the electors on the ballot; other States p r i n t the names of both the electors and the presidential and the vice presidential candidates on the ballot; and other States print only the names of the presidential and vice presidential candidates on the ballot. And voters who cast their ballots for president and vice president a r e actually voting for electors and not for presidential and vice p r e s i dential candidates. The laws of the various States differ a s to the method of nominating the electors. The methods of nomination in the various States fall into three categories: (1) .state party conventions, ( 2 ) s t a t e party committees, and ( 3 ) state party primaries. B. -State P a r t y Conventions: The following States nominate the presidential and vice presidential electors by the state conventions of the political parties: Alaska, Arkansas, California, Colorado, Connecticut, Delaware, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Maine, Maryland, Mas'sachusetts, Michigan, Minnesota, Mississippi, Montana, Nebraska, Nevada, New Hampshire, New Mexico, North CaroSina, North Dakota, Ohio, Oklahoma, Oregon, Rhode Island, South Dakota, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, and Wyoming. C. State Pa r t y Committees: The following States nominate the presidential and vice presidential electors by the state committees of the political parties: District of CRS-29 Columbia, Florida, Louisiana, Missouri, New J e r s e y , Ne w Y ork, Pennsylvania, South Carolina, and Tennessee. Note that in Florida, the Governor nominates the electors of each political party; however, only the electors recommended by the state executive committee of the respective political parties a r e nominated. [Florida Statutes Ann., 5 103.021 (I)]. And note that in Pennsylvania, presidential electors a r e nominated by the presidential nominee of each political party. [Pennsylvania Statutes Ann., title 25, § 28781. D. State Party Primaries In Arizona, electors a r e nominated at the general state p r i m a r y which is held on the eighth Tuesday p r i o r to the general election which in 1984 will be held on September 11, 1984. [Arizona R.evised Statutes, § 16-2011. In most States and the District of Columbia the slate of electors which wins the highest plurality of votes is elected. And that slate will meet on the f i r s t Monday after the second ~ e d n e s d a yin December and vote for president and vice president. This meeting and casting of votes f o r presidential ana vice presidential candidates i s known as the Electoral College. [3 U. S. C. § 71. However, in the State of Maine, the electors cast their ballots for the slate of electors which won the highest plurality of votes by congressional district, and there a r e two at-large electors who cast their ballots for presidential and vice presidential candidates who received the largest number of votes in Maine. Consequently, unlike other States and the District of Columbia, the electoral votes in Maine may be cast for different candidates. Revised Statutes, title 21, § 1184 (1) (A)]. [Maine Ee - --- S u m m a r i e s Of State Laws R.elating T o The --- Nomination And Election Of P r e s i d e n t i a l Ana Vice P r e s i d e n t i a l Electors* -- ALABAMA Presidential Electors: 9 A. NOMINATION (1)Major parties The nomination of electors is by party organization. There is no explicit statutory provision for a primary election to select electors (Code of Alabama, $ 17-19-2). When presidential electors are to chosen, the Secretary of State certifies to the judges of probate of the several counties the names of all candidates for President and Vice President who are nominated by any national convention (Ibid.). The certificate of nomination must be signed by the presiding officer and secretary of the convention and by the chairman of the State executive or central committees making the nomination (Ibid.). Each certificate of nomination and nominating petition must be accompanied by a list of names and addresses of persons, who are qualified voters, equal to the number of presidential electors to be chosen (Ibid.). Such certificates must be filed in the office of the Secretary of State no later than the last day of August preceding the general election (Ibid.). (2)Minor and new parties Candidates for President and Vice President may be nominated by a national convention or other like assembly of any political party ($ 17-19-2). The nominating petitions must be filed in the office of the Secretary of State no later than the last day of August before the general election (Ibid.). The Secretary of State certifies to the judges of probate of the several counties the names of all candidates for President and Vice President who are nominated by a n national convention (Ibid.). Each certificate of nomination is to be accompanied by a list of names and addresses of persons equal in number to the number of presidential electors to be chosen. (3) Independent candidates The Secretary of State must certify to the judges of probate of the several counties the names of candidates for President and Vice President who are nominated by written petition signed by a t least 5,000 qualified voters of the State ($17-192). The nominating petition is to be filed in the office of the Secretary of State no later than the last day of August preceding the general election (Ibid.). Pledge Each person listed on each certificate of nomination and nominating petition shall agree that, if elected, he or she shall cast a ballot as elector for the nominees listed on such certificate (§ 17-19-2). B. NAMES ON GENERAL ELECTION BALLOTS The names of all candidates for President and Vice President shall be printed on the official ballots under the The s u m m a r i e s a r e taken f r o m the book entitled Nomination And Election Of The P r e s i d e n t And Vice P r e s i d e n t Of The United States, 1984 by Thomas M. Durbin, American Law Division, Congress-. ional R e s e a r c h Service, L i b r a r y of Congress, U. S. Government Printing Office: 1984. [S. Prt. 98-1501 emblem of their respective political parties (5 17-19-31. The names of the electors of the candidates for President and Vice President shall not be printed upon the ballots (Ibid.). C. STATUTORY INSTRUCTIONS The electors of President and Vice President are to assemble at the office of the Secretary of State, a t the seat of government a t 12:OO o'clock noon on the second Tuesday in December next after their election, or at that hour on such other day as may be fixed by Congress, to elect such President and Vice President, and those of them present a t that hour must at once proceed by ballot and plurality of votes to supply the places of those who fail to attend on that day and hour (9 1719-7). ALASKA Presidential Electors: 3 A. NOMINATION (1) Major parties The nomination of electors is by State party convention or in any other manner prescribed by the bylaws of the party. The chairman and secretary of the State convention or any other party official designated by the party bylaws shall certify a list of names of candidates for electors to the Lieutenant Governor, on or before September 1 in presidential election years (Alaska Statutes, 5 15.30.020) (2) Party pledge The party shall require from each candidate for election a pledge that as an elector he will vote for the candidates nominated by the party of which he is a candidate (9 15.30.040) (3) Minor parties A limited political party may be organized for the purpose of selecting candidates for electors of President and Vice President of the United States by filing a petition with the Lieutenant Governor a t least 90 days before a presidential election signed by qualified voters of the State equaling in number at least three percent of Alaska's total vote for President at the last presidential election. The petition shall state that the signers intend to organize a political party, that they intend to select candidates for electors of President and Vice President of the United States a t the next succeeding presidential election, and the name of the political party (9 15.30.025(a)). A political party so organized may not assume a name which is so similar to an existing political party as to confuse or mislead the voters a t an election. If the Lieutenant Governor determines that the name of the political party set out in a petition is confusing or misleading, he may refuse to accept the petition for filing (9 15.30.025@)). A political party organized under this section shall cease to be a political party whenever its presidential candidate fails to receive at least 10 percent of the total Alaskan vote cast for the office of President a t a presidential election (0 15.30.025(c)). Presidential electors may be nominated by political parties in Alaska (5 15.30.20). B. NAMES ON GENERAL ELECTION BALLOTS Names of candidates are printed on the ballots and a vote marked for the candidates for President and Vice President is considered and counted as a vote for the presidential electors of the party ($9 15.15.030(7); 15.30.050). C. STATUTORY INSTRUCTIONS The electors shall meet a t the office of the Lieutenant Governor or other place designated by him a t 11:OO o'clock in the morning on the first Monday after the second Wednesday in December following their election. They shall proceed to cast their votes for the candidates for the office of President and Vice President of the party which selected them as candidates for electors and shall perform the duties of electors as required by the constitution and laws of the United States ($9 15.30.070; 15.30.090). ARIZONA Presidential Electors: 7 A. NOMINATION (1)Major parties Electors are nominated a t the general State primary held on the eighth Tuesday prior to the general election, i.e., September 11, 1984 (Arizona Revised Statutes, 4 16-201, Supp.). A nomination petition must be filed with the Secretary of State signed by a number of electors equal to a t least one percent of the vote cast for the party's candidate for Governor in a t least three counties in the State a t the last gubernatorial election but not less than one percent nor more than 10 percent of the total vote of his party in the State (§ 16-322A, Supp.). Nomination papers of a candidate for the office of presidential elector shall be filed with the Secretary of State not less than 75 nor more than 105 days before the primary election (§ 16-311A, C, Supp.). (2) Minor a n d new parties A new political party may become eligible for recognition and shall be represented by an official party ballot a t the next ensuing regular primary election and accorded a column on the official ballot a t the succeeding general election upon filing with the Secretary of State a petition signed by a number of qualified electors equal to not less than two percent of the votes cast for governor at the last preceding general election ($ 16-801, Supp.). (3) Independent candidates A nominating petition, signed by a t least one percent of the qualified electors of the State, county, subdivision or district for which the candidate is nominated, who have voted for Governor a t the last general election a t which a Governor was elected, shall be filed with the Secretary of State within 10 days after the primary election (9 16-341, Supp.). B. NAMES ON GENERAL ELECTION BALLOTS When presidential electors are to be voted for, the candidates therefor of each party shall be grouped and printed together, arranged in each group in alphabetical order, and the entire group of electors of each party shall be enclosed in a scroll or bracket to the right and opposite the center on which shall be printed in bold-type the surname of the presidential candidate represented. To the right of and on a line with the surname shall be placed a square in which the voter may indicate his choice by the mark X, and one such mark opposite a group presidential electors shall be counted as vote for each elector in such group (5 16-507, Supp.). C. STATUTORY INSTRUCTIONS None. ARKANSAS Presidential Electors: 6 A. NOMINATION (1)Major parties In each ear in which a President and Vice President of the United tates are chosen, each political party or group in the State shall choose by its State convention electors of President and Vice President of the United States and such State convention of such party or group shall also choose electors at large, if any are to be appointed for the State and such State convention of such party or group shall by its chairman and secretary certify the total list of such electors together with electors a t large so chosen to the Secretary of State. The filing of such certificate with said Secretary of State, of such choosing of electors shall be deemed and taken to be the choosing and selection of the electors of this State, if such party or group is successful a t the polls as herein provided in choosing their candidates for President and Vice President of the United States (Arkansas Revised Statutes Annotated, $3-207(a)). (2) Minor and new parties Any group of voters desiring to file a petition with the Secretary of State signed by qualified electors equal in number to a t least three percent (3%) of the total vote cast for the office of Governor or nominees for presidential electors, a t the last preceding election, so as to establish a political party shall file said petition not later than twelve o'clock (12:OO) noon on the first Tuesday in May before the preferential primary election. All petitions must be circulated during the period beginning January 1 and ending the first Tuesday in May of any year ($9 3-101(a), 3-113(d)). (3) Independent candidates Any person desiring to have his name placed upon the ballot as an independent candidate without political party affiliation for any State, county, township or district office, shall in any general election in this State file as an independent candidate not later than twelve o'clock (12:OO) noon on the Monday immediately preceding the preferential primary 8 election, and shall furnish a t the time he files as a n independent candidate [petitions] signed by not less than three percent (3%) of the qualified electors of the State, or 10,000 signatures of qualified electors whichever is the lesser, each of whom shall be a registered voter and such petitions shall be directed to the official with whom such person is required by law to file nomination certificates to qualify as a candidate, requesting that the name of such person be placed on the ballot for election to the office mentioned in the petition. Such petitions shall be circulated not earlier than sixty (60) calendar days prior to the deadline for filing such petitions to qualify as an independent candidate (9 3-105(c)). B. NAMES ON GENERAL ELECTION BALLOTS The names of candidates of political parties or groups for electors of the President and Vice President shall not be printed on the general election ballot. In lieu thereof, the names of the candidates for President and Vice President with the particular party designation of each shall be so printed. A vote for the presidental and vice-presidential candidates shall be deemed to be a vote for the electors thereof (9 3-207(b)). If more than one certificate of choice and selection of electors of the same political party or group is filed, the constitutional officers of the State shall determine which set was chosen by the authorized convention of a party or group (8 3207(d)). C. STATUTORY INSTRUCTIONS The electors shall meet a t the office of the Secretary of State in the State capitol a t the time appointed by the laws of the United States a t 10:OO a.m., and give their votes for President and Vice President of the United States, and perform such duties as are or may be required by law (9 3-210). CALIFORNIA Presidential Electors: 47 A. NOMINATION (1)Major parties (a) Democratic Party In each year of the general election a t which electors of President and Vice President of the United States are to be chosen, each congressional nominee shall designate one presidential elector and shall file his or her name, residence and business address with the Secretary of State by October 1 of the presidential election year. Each United States senatorial nominee, determined by the last two United States senatorial elections, shall designate one presidential elector and shall file his or her name, residence and business address with the Secretary of State by October 1 of the presidential election year. In the event there is no United States senatorial nominee or no congressional nominee in any particular district, the State chairman shall designate one presidential elector for each vacancy and shall file his or her name, residence and business address with the Secretary of State by October 1 of the presidential election year (Cal. Election Code, 5 8510). (b) Republican Party In each year of the general election a t which electors of President and Vice President of the United States are to be chosen, the Republican nominees for Governor, Lieutenant Governor, Treasurer, Controller, Attorney General, and Secretary of State, the Republican nominees for United States Senator a t the last two United States senatorial elections, the Assembly Republican leader, the Senate Republican leader, all elected officers of the Republican State Central Committee, the National Committeeman and National Committeewoman, the President of the Republican County Central Committee Chairmen's Association, and the chairman or president of each Republican volunteer organization officially recognized by the Republican State Central Committee shall act.as presidential electors, except that Senators, R e p resentatives, and persons holding a n office of trust or profit of the United States shall not act as electors. The remaining presidential elector positions, and any vacant positions, shall be filled by appointment of the Chairman of the Republican State Central Committee in accordance with the bylaws of the committee. The name, residence and business address of each such appointee shall be filed with the Secretary of State by October 1st of the presidential election year. The Republican State Central Committee shall adopt bylaws implementing the provisions of this section (Cal. Election Code, 5 9010, Supp.). (2) Minor and new parties A party is qualified to participate in any primary election: (a) if a t the last preceding gubernatorial election there was polled for any one of its candidates for any office voted on throughout the State, a t least 2 percent of the entire vote of the State; or (b)if on or before the 135th day before any primary election, it appears to the Secretary of State, as a result of examining and totaling the statement of voters and their political affiliations transmitted to him by the county clerks, that voters equal in number to a t least 1 percent of the entire vote of the State a t the last preceding gubernatorial election have declared their intention to affiliate with that party; or (c) if on or before the 135th day before any primary election, there is filed with the Secretary of State a petition signed by voters, equal in number to a t least 10 percent of the entire vote of the State a t the last preceding gubernatorial election, declaring that they represent a proposed party, the name of which shall be stated in the petition, which proposed party those voters desire to have participate in that primary election. This petition shall be circulated, signed, verified and the signatures of the voters on it shall be certified to and transmitted to the Secretary of State by the county clerks substantially as provided for initiative petitions. Each page of the petition shall bear a caption in l&point blackface type, which caption shall be the name of the proposed party followed by the words "Petition to participate in the primary election." No voters or organization of voters shall assume a party name or designation which is so similar to the name of an existing party as to mislead voters (§ 6430). Whenever a group of electors desires to qualify a new political party meeting the requirements of section 6430, said group shall form a political body by: (a) holding a caucus or convention a t which temporary officers shall be elected and a party name designated, which name shall not conflict with that of any existing party or political body which has previously filed notice pursuant to subdivision (b): and (b) filing formal notice with the Secretary of State that the political body has organized, elected temporary officers, and declared an intent to qualify a political party pursuant to $6430. The notice shall include the names and addresses of the temporary officers of the political body (5 9951). Minor and new parties select their candidates for presidential electors a t respective State conventions and certify the names of the electors nominated to the Secretary of State. (3) Independent candidates Whenever a group of candidates for presidential electors, equal in number to the number of presidential electors to which this State is entitled, files a nomination paper with the Secretary of State pursuant to this chapter, the nomination paper may contain the name of the candidate for President of the United States and the name of the candidate for Vice President of the United States for whom all of those candidates for presidential electors pledge themselves to vote ($ 6803). When a group of candidates for presidential electors designates the presidential and vice presidential candidates for whom all of the group pledge themselves to vote, the names of the presidential candidate and vice-presidential candidate designated by that group shall be printed on the ballot ($ 6804). Nomination papers for a statewide office for which the candidate is to be nominated shall be signed by voters of the State equal to not less in number than one percent of the entire number of registered voters of the State a t the time of the close of registration prior to the preceding general election (6 6831). ~ o m & a t i o npapers shall be filed with the county clerk not more than 129 nor less than 64 days before the day of the elecion, and shall be prepared, circulated, signed, verified and left with the county clerk for examination no earlier than 148 days before the election and no later than 500 p.m. 88 days before the election ($ 6833). B. NAMES ON GENERAL ELECTIONS BALLOTS The names of the candidates for President and Vice President of the several political parties are printed on the ballot. Names of the candidates for electors shall not be printed on the ballot ($5 10201, 10210; 10213 Supp.). C . STATUTORY INSTRUCTIONS The electors chosen shall assemble a t 2:00 o'clock in the afternoon on the first second Wednesday in December next following their election (5 25103). In case of the death or absence of any elector chosen, or if the number of electors is deficient for any other reason, the electors then present shall elect, from the citizens of the State, as many persons as will supply the deficiency (5 25104.) The electors, when convened, if both candidates are alive, shall vote by ballot for that person for President and that person for Vice President of the United States, who are respectively, the candidates of the political party which they represent, one of whom, at least, is not an inhabitant of this State (5 25105). COLORADO Presidential Electors: 8 A. NOMINATION (1) Major parties The nomination of presidential electors may be by State party convention, or a committee authorized by such convention, or by petition for nomination of an independent candidate (Colorado Revised Statutes, $9 1-14-107, 1-14-201(2)). (2) Minor and new parties A "major political party" means one of the two political parties whose candidate for Governor at the last preceding gubernatorial election received the first and second greatest number of votes (5 1-1-104(13)). A "minor political party" means a political party other than a major political party (5 1-1-104(16)). A certificate of nomination by a convention of a minor party shall be prepared which shall contain the candidates' names and addresses, the names of the candidates for President and Vim-President, and shall designate in not more than 3 words the political or other name which the signers shall select. A candidate nominated by a "minor political party" shall file his written acceptance with the Secretary of State within 7 days after the adjournment of the convention ($5 1-14-107(5). Minor parties may nominate candidates for presidential electors in the same manner as major parties. Groups of electors which do not qualify as a "political part " may nominate their candidates in the same manner as in ependent candidates (9 1-14-301). (3) Independent candidates Nominations for presidential electors to be elected at the general election and for candidates to fill vacancies to unexpired terms of Representatives in Congress to be elected at a special election may be made by a convention of a political party, or by a committee authorized by such convention, or by petition for nomination of an independent candidate (5 114-201(2)). A certificate of nomination shall be prepared which shall contain the names of any candidates for offices to be filled and their addresses, and shall designate in not more than 3 words the political or other names which the signers shall select. In the case of nominations for electors for President and Vice President, names of the candidates B for President and Vice President shall be added. No name of any political party shall be used for this purpose. The certificate shall be signed by 5,000 registered voters when the nomination is for an office to be filled by the entire State, and shall contain the candidate's acceptance. The certificate may not be circulated earlier than 49 days before the election and must be filed with the Secretary of State not later than 3:00 p.m. on the Tuesday preceding the election ($9 114-201, 1-14-301). B. NAMES ON GENERAL ELECTION BALLOTS The names of the presidential electors shall not be printed upon the ballot, but the names of the candidates of their respective parties or potitical groups for President and Vice President shall be printed together in pairs under the title "Presidential Electors." A vote for any such pair of candidates shall be a vote for the electors of the arty or potitical group by which such candidates were name (5 1-4-207(3)). d' C. STATUTORY INSTRUCTIONS (1) The electors of President and Vice President of the United States shall convene a t the capital of the State, in the office of the Governor a t the capitol building, on the first Monday after the second Wednesday in December, next after their election, a t the hour of twelve noon, and take the oath required by law for such presidential electors. If there is any vacancy in the office of presidential electors, occasioned by death, refusal to act, neglect to attend, or other cause, the presidential electors present shall immediately proceed to fill such vacancy in the Electoral College. When the vacancies have been filled, they shall proceed to perform the duties required of such presidential electors by the constitution and laws of the United States, and vote for President and Vice President by open ballot. (2) It shall be the duty of the Secretary of State to give notice in writing to each of the presidential electors, at least ten days prior thereto, of the time and place of said meeting. (3) The Secretary of State shall provide such presidential electors with the necessary blanks, forms, certificates, or other papers or documents required to enable them to properly perform their duties. (4) If desired, such presidential electors may have the advice of the Attorney General of the State respecting their official duties. (5) Each presidential elector shall be required to vote for the pair of presidential and vice-presidential candidates who received the highest number of votes a t the preceding general election in Colorado ($ 1-17-1011. CONNECTICUT Presidential Electors: 8 A. NOMINATION (1)Major parties The electors in the several towns in the State, a t the State election in 1964, and quadrennially thereafter, shall elect electors of President and Vice President of the United States, not exceeding in number the whole number of Senators and Representatives to which the State is then entitled in the Congress of the United States. Voting shall be conducted and the result declared, and the returns thereof made, as is provided in respect to State elections. The Secretary of State shall, on or before the first Monday of October of the year in which such presidential electors are to be elected, transmit blank forms to the several town clerks for the return of the votes; and the lists and returns of the votes shall be made out, certified and directed according to such forms (Connecticut General Statutes, $ 9-175, Supp.). Generally the nomination of electors of President and Vice President is by political conventions of the respective major parties ($9-175, Supp.). (2) Minor and new parties A minor party is a political party or organization which is not a major party and whose candidate for the office in question received a t the last-preceding regular election for such office, under the designation of that political party or organization, a t least one per cent of the whole number of votes cast for all candidates for such office a t such election ($ 9372(6), Supp.). Party rules At least one copy of the party rules regulating the manner of nominating its candidates must be filed with the Secretary of State a t least 60 days before the nomination ($ 9-374, Supp.). (3) Independent candidates An individual may also obtain a place on the election ballot label by nominating petition. No name of any candidate shall be printed on any official ballot a t any election except the name of a candidate nominated by a major or minor party unless a nominating petition for such candidate is approved by the Secretary of State as provided in sections 9453a to 9-453p, inclusive ($ 9-379, Supp.). Application must be accompanied by a signed statement of candidate's consent and the party designation, if any. Signatures of qualified voters are required, equal in number to one percent of all votes cast for the same office at the last preceding election for such office. The petition should be filed with the town clerk of each town in which it was circulated a t least 10 weeks before election with a statement of each circulator of the nominating petition ($9 9-453b to 9453d; 9-453i, Supp.). B. NAMES O N GENERAL ELECTION BALLOTS When a n election is to be held for the choice of presidential electors, if any political party has nominated candidates for president and vice president of the United States, and presidential electors to vote for such presidential and vice presidential candidates have been nominated by a political convention of such party in this State, or in such other manner as entitles the names of such electors to be placed upon the official ballots to be used in such election, the Secretary of State and any other official charged with the preparation of official ballots to be used in such election, in lieu of placing the names of such presidential electors on such official ballots, shall place on such official ballots a space with the words "Presidential electors for (here insert the last name of the candidate for President, the word 'and' and the last name of the candidate for Vice President)"; and a vote cast therefor shall be counted, and shall be in all respects effective, as a vote for each of the presidential electors representing such candidates for President and Vice President ($9175, Supp.). C. STATUTORY INSTRUCTIONS The presidential electors shall meet a t the office of the Secretary of the State a t 12:OO o'clock, noon, on the first Monday after the second Wednesday of the December following their election and, as required by the constitution and laws of the United States, shall cast their ballots for President and Vice President. Each such elector shall cast his ballots for the candidates under whose names he ran on the official election ballot, as provided in section 9-175. If any such elector is absent or if there is a vacancy in the Electoral College for any cause, the electors present shall, before voting for President and Vice President, elect by ballot an elector to fill such vacancy, and the person so chosen shall be a presidential elector, shall perform the duties of such office and shall cast his ballots for the candidates to whom the elector he is replacing was pledged (5 9-176). DELAWARE Presidential Electors: 3 A. NOMINATION (1)Major parties The nominations of the candidates for electors of President and Vice President of the United States, together with the names of the candidates for President and Vice President, and for United States Senator, Representative in Congress, Governor and all other State offices shall be certified to the State Election Commissioner by the presiding officer and secretary of the State convention or committee of each political party eligible to place candidates upon the ballot. The Commissioner shall forthwith send copies of each certificate of nomination to each county department of elections (Delaware Code Annotated, tit. 15, $3301(a)). No candidate for the office of elector of President and Vice President shall be deemed nominated and no certscate of nomination for such candidate shall be made or filed, nor shall the name of any such candidate be placed on the ballot in any general election in this State, unless the candidate: (a) shall have been so nominated by receiving more than 50% of the eligible delegate vote on the final polled vote of a State nominating convention of the political party advancing his candidacy, at a convention held not later than the fourth Saturday in July in the year of such general election and who was not required to run in a primary election; or (b)shall have received a majority of the votes cast by registered voters of the political party advancing his candidacy at a statewide primary election (tit. 15, 5 3301(d)). (2) Minor and new parties "Party" or "Political Party" in Delaware is defined as any political party, organization or association which elects delegates to a national convention, nominates candidates for electors of President and Vice President, United States Senator, Representative in Congress, Governor and other offices, and elects a State committee and officers of a State committee by a State convention composed of elected members from each representative district, provided a registered party member is available in each representative district (tit. 15, lOl(13)). Such parties shall nominate presidential electors by conventions or committees (tit. 15, $ 3301). Certificates of nomination shall contain a party title and ballot symbol (tit. 15, $ 3302). The other provisions noted in (1) above applying to major parties shall also be applicable to minor and new parties. B. NAMES ON GENERAL ELECTION BALLOTS Nominees of any party for President and Vice President are placed on the ballot. A vote for the candidates for President and Vice President shall be a vote for the electors of such party, the names of whom are on file with the Secretary of State (tit. 15, 5 5704; $ 4502). C. STATUTORY INSTRUCTIONS The Governor in October next preceding every election of presidential electors shall by proclamation make known the number of presidential electors to be chosen and the day of the election (tit. 15, $4302). The electors chosen or appointed for the election of a President and Vice President shall meet and give their votes a t Dover on the day determined by Congress for that purpose (tit. 15, $ 4303). DISTRICT OF COLUMBIA Presidential Electors: 3 A. NOMINATION (1) Major parties Each political party who has had its candidate elected as President of the United States after January 1, 1950, shall be entitled to nominate candidates for presidential electors. The executive committee of the organization recognized by the national committee of each such party as the official organization of that party in the District of Columbia shall nominate by appropriate means the presidential electors for that party. Nominations shall be made by message to the Board of Elections and Ethics on or before September 1 next preceding a presidential election. (District of Columbia Code, 5 1-1312(d)) No person may be elected as a presidential elector in the District unless (a) he is a registered voter in the District, and (b) he has been a bona fide resident of the District for a period of 3 years immediately preceding the date of the presidential election (5 1-1312(g)). (2) Minor and new parties A minor party is a party which has not had its candidate elected as President of the United States after January 1, 1950. (5 1-1312(d)). A minor or a new party may have the names of its candidates for President and Vice President of the United States printed on the general election ballot provided a petition nominating the appropriate number of candidates for presidential electors signed by at least one percent of registered qualified electors of the District of Columbia, as of July 1 of the year in which the election is to be held is presented to the Board on or before the third Tuesday in August preceding the date of the presidential election (9 1-1312(f)). (3) Independent candidates No provision. B. NAMES ON GENERAL ELECTION BALLOTS The names of the candidates of each political party for President and Vice President shall be place on the ballot under the party title and device. The names of persons nominated as candidates for electors of President and Vice President shall not appear on the ballot (5 1-1312(e)). Each vote cast for the candidate for President or Vice President whose name appears on the general election ballot shall be counted as a vote cast for the candidates for presidential electors of the party supporting such presidential and vice presidential candidate (§ 1-1314(a)(2)). C. STATUTORY INSTRUCTIONS Each person elected as elector of President and Vice President shall, in the presence of the Board of Elections, take an oath or solemnly affirm that he will vote for the candidates of the party he has been nominated to re resent, and it shall be his duty to vote in such manner in t e Electoral College (8 1-1312(g)). R FLORIDA Presidential Electors: 21 A. NOMINATION (1)Major parties The Governor shall nominate the presidential electors of each political party. He shall nominate only the electors recommended by the State executive committee of the respective political party. Each such elector shall be a qualified elector of the party he represents who has taken an oath that he will vote for the candidates of the arty that he is nominated to represent. The Governor sha 1 certify to the Department of State on or before September 1, in each presidential election year, the names of a number of electors for each political party equal to the number of Senators and Representatives which this State has in Congress (Florida Statutes Annotated, 103.021(1)). f (2) Minor and new parties A minority political party is any such group, as defined above, which on January 1 preceding a primary election does not have registered as members five percent of the total registered electors of the State ($97.021(14)). A minor political party may have the names of its candidates for President and Vice President printed, and independent candidates for President and Vice President may have their names printed, on the general election ballots if a petition is signed by one percent of the registered electors of Florida, as shown bg the compilation by the Department of State for the last preceding general election. A separate petition shall be submitted from each county for which signatures are solicited. Said petition shall be submitted to the supervisor of elections of the respective county no later than August 15 of each presidential election year (5 103.021(3)). Any minor political party which has met the petitioning requirements and will have the names of a candidate or candidates for any office or offices to be filled by a statewide election printed on the general election ballot, and which minor party is affiliated with a national party holding a national convention to nominate candidates for President and Vice President of the United States, may have the names of its candidates for President and Vice President of the United States printed on the general election ballot by filing with the Department of State a certificate naming the candidates for President and Vice President and listing the required number of persons to serve as electors. Notification to the Department of State under this subsection shall be made by September 1 of the year in which the election is held. When the Department of State has been so notified, it shall order the names of the candidates for whom the petition was circulated to be included on the ballot and shall permit the required number of persons to be certified as electors in the same manner as other party candidates ($ 103.021(4)). B. NAMES ON GENERAL ELECTION BALLOTS On the ballot shall be printed the heading "Electors for President and Vice President" and thereunder the names of the candidates for President and Vice President nominated by the political party which received the highest vote for Governor in the last general election of the Governor in the State, above which shall appear the name of the said party, then shall appear the names of other candidates for President and Vice President who have been properly nominated (5 101.151(3)). The names of the presidential electors shall not be printed on the general election ballot, but the names of the actual candidates for President and Vice President for whom the presidential electors will vote if elected shall be printed on the ballot in the order in which the party of which the candidate is a nominee polled the highest number of votes for Governor in the last general election ($103.021(3)). C. STATUTORY INSTRUCTIONS Each presidential elector shall, before noon on the day preceeding the day fixed by Congress to elect a President and Vice President, give notice to the Governor that he is in Tallahassee and ready to perform the duties of presidential elector. The Governor shall forthwith deliver to the presidential electors present a certificate of names of the electors; and if, on examination thereof, it should be found that one or more electors are absent, and such absent electors fail to appear before 10:OO a.m. on the day of election of President and Vice President, the electors present shall elect by ballot, in the presence of the Governor, a person or persons to fill such vacancy or vacancies as may have occurred through the nonattendance of one or more of the electors (§ 103.061). GEORGIA Presidential Electors: 12 A. NOMINATIONS (1)Major parties Each candidate for the office of presidential elector must file a notice of candidacy, giving his name, residence address and the office he is seeking in the office of the Secretary of State no later than 12:00 noon on the second Wednesday in June preceding the general elections (Code of Georgia Annotated, $34-1002(c), Supp.). Each candidate must accompany this notice with a n affidavit stating, among other things, that he is a qualified voter in the county of his residence and that he will not knowingly violate any provisions of the Election Code or of rules and regulations adopted thereunder. (9 34-1002(e), Supp.). All electors are elected from the State a t large. (9 34-1601, Supp.). (2) Minor and new parties Political parties polling less than 20 percent of the vote cast a t the preceding general election are known as "political organizations." "Political party" is defined as a political organization whose candidate a t the preceding gubernatorial election polled a t least 20 percent of the total vote cast in the State for Governor or who nominated a candidate for President a t the preceding presidential election and whose candidates for presidential electors polled a t least 20 percent of the total vote cast in the nation for that office (§ 34-103 (201, (211, Supp.). The chief executive officer of each political party or bcdy shall within 60 days of its organization file a registration statement with the Secretary of State accompanied by copies of charter, bylaws, rules and regulations and other relevant information (8 34-901, Supp.). Any candidate required to accompany his notice of candidacy with the nomination petition must file his notice of candidacy and a n affidavit no later than 12:OO noon on the second Wednesday in June prior to the general election (9 34100203), Supp.). All candidates are required to accompany their notice of candidacy with a nomination petition unless the candidate is either a nominee of a political party for the office of presidential elector when such party has held a national convention and nominated candidates for President and vice Presi- dent of the United States, or the nominee of a political party nominated in a primary held by such party (5 34-1002(d), Supp.). The nominating petitions must be signed by not less than 5 percent of the voters eligible to vote in the next election for the filing of the office the candidate is seeking. (5 341010(b), Supp.). The persons signing must declare that they are so qualified (5 34-1010(c), Supp.). Such nominating petition offered by a political body seeking to have the names of their candidates for presidential electors placed on the ballot shall be compiled so that the entire slate of candidates shall be listed together on the same petition (5 34-1010(c), Supp.). (3) Independent candidates A person can become a candidate for Federal or State office by filing a notice of candidacy with the Secretary of State no later than 12:OO noon on the second Wednesday in June preceding the general election (5 34-1002(c), Supp.). A nominating petition shall not be required if such candidate is a nominee of a political party for the office of presidential elector when such party has held a national convention and therein nominated candidates for President and Vice President of the United states. (4) Affidavit A candidate must file with the notice of candidacy an affidavit stating among other things that he is an elector of the county of his residence eligible to vote in the election in which he is a candidate and that he is eligible to hold such office (3 34-1002, Supp.). B. NAMES ON GENERAL ELECTION BALLOTS When presidential electors are to be elected, the names of the nominees of each political party or body for such offices shall not appear on the ballot, but, in lieu thereof, the names of the candidates of such party or body for President and Vice President, together with the name of such party or body shall appear (9 34-1208(e), Supp.). At any general election at which presidential electors are to be chosen, each elector shall be permitted to vote by one operation for all the presidential electors of a political party or body. For each party or body nominating presidential electors, a ballot label shall be provided containing only the words "Presidential Electors," preceded by the name of the party or body and followed by the names of the candidates thereof for the office of President and Vice President, and the corresponding counter or registering device shall register votes cast for such presidential electors when thus voted for collectively. If an elector desires to vote a ticket for presidential electors made up of the names of persons nominated by different parties or bodies, or partially of names of persons so in nomination and partially of names of persons not in nomination by any party or body, or wholly of names of persons not in nomination by any party or body, he may write or deposit a paper ballot prepared by himself in the receptacle provided in or on the machine for the purpose. The machine shall be so constructed that it will.not be possible for any one elector to vote a straight party or body ticket for residential electors and a t the same time to deposit a ballot % presidential electon in a receptacle an hereinabove provided. When the votes for presidential electors are coun*, the votes appearing upon the counter or registering devlce corres nding to the ballot label containing the names of the candi ates for President and Vice President of any party or body shall be counted as votes for each of the candidates for presidential elector of such party or bod and thereupon all candidates for presidential elector shall credited, in addition, with the votes cast for them upon the ballots deposited in the machine ($34-1330(e), Supp.). B" k The presidential electors shall assemble a t the seat of government of the State at 1200 o'clock noon of the da which is, or may be, directed by the Congre88 of the ~ n i t c d ~ t a t e s , and shall then and there perform the duties enjoined upon them by the Constitution and laws of the United States (5 34-1602, Supp.). HAWAII Presidential Electors: 4 A. NOMINATION (1) Major parties In each year when electors of president and vice president of the United States are to be chosen, each of the political parties or parties or oups qualified under section 11-113 of the Hawaii Revised tatutes, shall hold a state party or group convention pursuant to the consititution, bylaws, and rules of the party or group; and nominate as candidates for its party or group as many electors, and a first and second alternate for each elector, or president and vice resident of the United States as the State is then entitled, e electors and alternates shall be registered voters of the State. The names and addresses of the nominees shall be cerified by the chairman and secretary of the convention of the res tive parties or groups and submitted to the chief election o ficer not later than 4:30 p.m. on the sixtieth day prior to the general election of the same year. The chief election officer upon receipt thereof, shall immediately notify each of the nominees for elector and alternate elector of the nomination (Hawaii Revised Statutes, $14-21, Supp.). If more than one certificate of choice and selection of qresidential electors and alternate electors of the same party or group is filed with the chief elkction o lcer, as chairman of the contested presedential electors' committee hereby consitituted, the chief election officer ahall notify the state comptroller and attorney general, who are the remaining members of the committee, of the date, time, and lace of making a &rof the hearing to be held for the pu mination of which set of electors an alternate electora were lawfully chosen and selected by the political arty or group. Notice of the hearing shall be given to the cRairman of the state central committee of each litical arty and the chairman of each party or group qu ified un e r section 11-113 of r &I P" F1ltiCd 'B" ? f the Hawaii Revised Statutes, contestants for the positions of electors and alternate electors by written notice, and to all other interested parties by publication a t least once in a newspaper of general circulation. A determination shall be made by the committee by majority vote not later than 4:30 p.m. on October 30 of the same year and the determination shall be final. Notice or the results shall be given to the nominees duly determined to have been chosen (3 14-22, Supp.). (2) Minor and new parties No differentiation is made in laws between major and minor political parties. Political parties as defined by section 11-61 shall mean any party which was on the ballot a t the last general election which has not been disqualified by this section and any political group which shall hereafter undertake to form a political party in the manner provided below. A political party shall be a n association of voters united for the purpose of promoting a common political end or carrying out a particular line of political policy and which maintains a general organization throughout the State, including a regularly constituted central committee and county committees in each county other than Kalawao. Any party which does not meet the following requirements shall be subject to disqualification: (1)a party must have had candidates running for election a t the last general election for any of the offices listed in paragraphs (2) to (6) whose terms had expired. This does not include those offices which were vacant because the incumbent had died or resigned before the end of his term; (2) the party received a t least ten percent of all votes cast for any of the offices voted upon by all the voters in the State; or, (3) the party received a t least ten percent of all the votes cast in a t least fifty percent of the congressional districts; or, (4) the party received a t least ten percent of all the votes cast in a t least fifty percent of the senatorial districts for the office of State senator; or, (5) the party received a t least ten percent of all the votes cast in at least fifty percent of the representative districts for the office of State representative; or, (6) the party received at least ten percent of all the votes cast in a t least fifty percent of the school board districts for the office of board of education (g 11-61). Any group of persons hereafter desiring to form a new political party in the State shall file with the chief election officer a petition as hereinafter provided. The petition for the formation of a new political party shall: (a) be filed no less than 150 days prior to the next primary; (b) declare as concisely as may be the intention of signers thereof to form such a new political party in the State; and (c) contain the signatures of not less than one percent of the total registered voters of each county of the State a t the time of filing. The petition shall be subject to hearing, if any objections are raised by the chief election officer or any political party. All objections shall be made within 10 days after the petition has been filed. If no objections are raised within 10 days, the petition shall be deemed approved. If an objection is raised, a decision shall be rendered not later than 30 days after filing of the petition or 100 days prior to the primary, whichever shall first occur. The chief election officer may check the names of any persons on the petition to see that they are registered voters and he may check the validity of their signatures. The petition shall be public information upon filing (5 11-62). All existing and new parties must file their rules with the chief election officer no less than 150 days prior to the next primary. All amendments shall be filed with the chief election officer within 30 days after their adoption. The rules and amendments shall be duly certified to by an authorized officer of the party and upon filing, the rules and amendments thereto shall be a public record (Q 11-63). All parties shall submit to the chief election officer and the respective county clerks no less than 120 days prior to the next primary, a list of names and addresses of officers of the central committee and of the respective county committees (5 11-64). All nominations must be made by primary elections (5 12-11, except presidential electors who are nominated by State party conventions. Names of such latter nominees shall be submitted to the chief election officer no later than 4:30 p.m. on the sixtieth day prior to the general election (9 14-21, Supp.). (3) Independent candidates In the case of candidates of parties or groups not qualified to place candidates on the primary or general election ballots, the person desiring to place such names on the general election ballot shall file with the chief election officer not later than 4:30 p.m. on the sixtieth day prior to the general election: (a) a sworn application including such information as names, addresses and qualifications to hold such office; and (b) a petition which shall be upon the form prescribed and provided by the chief election officer containing the signatures of currently registered voters which constitute not less than one percent of the votes cast in the State at the last general election. The petition shall contain the names of the candidates, a statement that the persons signing intend to support such candidates, the address of each signatory, the date of his signature and other information as determined by the chief election officer (5 11-113(b) Supp). B. NAMES ON GENERAL ELECTION BAUOTS In presidential elections, the names of the candidates for President and Vice President shall be used on the ballot in lieu of the names of the presidential electors, and the votes cast for President and Vice President of each politica1 party shall be counted for the presidential electors and alternates nominated by each political party. A "national party" as used in this section shall mean a r r t y established and admitted to the ballot in at least one tate other than Hawaii or one which is determined by the chief election officer to be making a bona fide effort to become a national party. If there is no national party or the national and State parties or factions in either the national or State party do not agree on the presidential and vice presidential candidates, the chief election officer may determine which candidates names shall be placed on the ballot or may leave the candidates names off the ballot completely (5 ll-113(a) Supp.) C. STATUTORY INSTRUCTIONS The electors chosen shall assemble a t the State capitol on the first Monday after the second Wednesday in December next following their election, at 2:00 o'clock in the afternoon. In case of the death or absence of any elector chosen, or if the number of electors is deficient for any other reason, the vacancy or vacancies shall be filled by the alternates in the order of their numerical designation for their respective electors causing the vacancy or vacancies, and in the event that vacancy or vacancies still exist, then the electors present shall select from the members of the same political party or group as many persons as will supply the deficiency. Certificates for the alternates or substitutes as presidential electors shall be issued by the Governor. The electors, when convened, if both candidates are alive, shall vote by ballot for that person for President and that person for Vice President of the United States, who are, respectively, the candidates of the political party which they represent, one of whom, a t least, is not an inhabitant of this State ($9 14-26-14-28). IDAHO Presidential Electors: 4 A. NOMINATION (1)Major parties Major political parties include those parties that had three or more candidates for State office listed under the party name a t the last general election or that had a candidate for State or national office who received a t least 3 percent of the aggregate vote cast for the office of Governor at the last gubernatorial election (Idaho Code Annotated, 5 34-501). Presidential electors of such parties are selected at the party State convention in each election year a t a time and place determined by the State central committee. The State central committee chairman shall preside and cause notice to be given to each legislative district central committee and each county central committee a t the earliest possible date ($ 34707). The State chairman of each political party shall by September 1 certify the names of the presidential electors to the Secretary of State (9 34-711). (2) Minor parties Political parties that did not have three or more candidates for State office listed under the party name a t the last general election and that had no candidate for State or national office who received a t least 3 percent of the aggregate vote cast for the office of Governor a t the last gubernatorial election may be deemed created and qualified to participate in elections by presenting and filing with the Secretary of State on or before May 30 of even numbered years a petition which shall: (a) state the name of the proposed party in not more than six words; (b) state that the subscribers thereto have affiliated, one with another, for the purpose of forming such party; (c) state that the subscribers thereto are entitled to participate in the proposed party's convention to elect officers and nominate candidates; (dl have attached thereto a sheet or sheets containing the signatures of a t least a number of qualified electors equal to three percent (3%) of the aggregate vote cast for presidential electors in the State a t the previous general election a t which presidential electors were chosen, provided that no more than t ~ - e n t ypercent (20%) of those so signing shall reside in any one (1)county (5 34-501(1)). Upon certification by the Secretary of State that the petition has met the requirements of this act such party shall, under the party name chosen, have all the rights of a political party whose ticket shall have been on the ballot a t the preceding general election. The newly certified party shall proceed to hold a State convention in the manner provided by law; provided, that a t the initial convention of any political party, all members of the party shall be entitled to attend the convention and articipate in the election of officers and the nominations o candidates. Thereafter the conduct of any subsequent convention shall be as provided by law (5 34-501(2)). (3) Independent candidates Persons who desire to be independent candidates for the office of President and Vice President, must file, prior to June 25 of the election year, declarations of candidacy as independent candidates. Such declarations must state Lhat such persons are offering themselves as independent candidates and must declare that they have no political party affiliation. The declarations shall have attached thereto a petition signed by a number of qualified electors not less than three percent (3%) of the number of votes cast in this State for presidential electors a t the p?-evious general election a t which a President of the United States was elected. The candidates for President and Vice President shall be considered as candidates for one office, and only one (1) such petition need be filed for both offices (5 34-708A). f B. NAMES ON GENERAL ELECTION BALLOTS The State chairman of each political part shall certify the names of the presidential and vice-presi ential candidates and presidential electors to the Secretary of State on or before September 1, in order for them to appear on the general election ballot. The Secretary of State shall certify such candidates to the county clerks a t the same time a s certification of political party candidates nominated for State and Federal offices by the voters in the primary election (8 34- g 711). Independent candidates who have qualified for ballot status shall certify the names of presidential electors to the Secretary of State on or before September 1, in order for them to appear on the general election ballot. The Secretary of State shall certify the independent presidential electors, and the independent candidates for President and Vice President, to the county clerks on or before September 25 (5 34-711A). C. STATUTORY INSTRUCTIONS The electors chosen to elect a President and Vice President of the United States shall, at 12:00 noon on the day which is or may be directed by the Congress of the United States, meet a t the seat of government of the State, and then and there perform the duties enjoined upon them by the Constitution and laws of the United States (5 34-1503). Each elector of President and Vice President of the United States shall, before the hour of twelve (12) o'clock on the day next preceding the day fixed by the law of Congress to elect a President and Vice President, give notice to the Governor shall forthwith deliver to the electors present a certificate of all the names of the electors; and if any elector named therein fails to appear before nine (9) o'clock on the morning of the day of election of President and Vice President as aforesaid, the electors then present shall immediately proceed to elect, b ballot, in the presence of the Governor, persons to fill suc vacancies (5 34-1504). B ILLINOIS Presidential Electors: 24 A. NOMINATIONS (1)Major parties The State convention of each political party shall have power to make nominations of candidates of its political party for the electors of President and Vice President (Smith-Hurd Illinois Annotated Statutes, ch. 46, 7-9(b)). State conventions shall be held on the first Friday after the second Monday next succeeding the primary at which committeemen are elected (9 7-9(b), Supp.). In each ear in which a Pre~identand Vice President of the United tates are chosen, each political party or group in this State shall choose by its State convention electors of President and Vice President of the United States and such State convention of such party or group shall also choose electors a t large, if any are to be appointed for this State and such State convention of such party or group shall by its chairman and secretary certify the total list of such electors together with electors at large so chosen to the State board of elections. The filing of such certificate with the board, of such choosing of electors shall be deemed and taken to be the choosing and selection of the electors of this State, if such party or group is successful at the 011s as herein provided in choosing their candidates for resident and Vice President of the United States (g 21-1 Supp.). (2) Minor parties 8 8 A minor political party is defined as a political party or group which has not polled more than 5 percent of the entire vote cast in the State a t the last preceding general election for Governor ($ 10-2 Supp.). It shall nominate its candidates in the same manner as does a new party. (3) New party Any group of persons desiring to form a new political party throughout the State, shall file with the State Board of Election a petition (a) declaring the intention of the signers to form such a new political party, (b)stating in not more than 5 words the name of such party, (c) containing a complete list of candidates of such party for all offices to be filled in the State a t the next election, and (d) signed by one percent (1%) of the number of voters who voted in the preceding Statewide general election or 25,000 qualified voters whichever is less (§ 10-2 (Supp.)). Such petition shall be accompanied by a candidate's statement of candidacy, except candidates for electors for President and Vice President (5 10-5 supp.), and all certificates of nomination or nomination papers for candidates to be voted for b all the voters of the State shall be presented to the State e ectoral board a t least 92 days, but not more than 99 days, before the general election, for endorsement by the board and for subsequent deposit with the State Board of Election (9 10-6 Supp.). (4) Independent candidates Nomination papers, including a statement of candidacy excuted by candidates, except candidates for electors for President and Vice President, signed in the aggregate for each candidate by 1 percent (1%) of the number of voters who voted a t the preceding Statewide general election or 25,000 qualified voters whichever is less (3 10-3 (Supp.)). and filed with the State Board of Election between 99 and 92 days prior to the date of the primary ($3 7-12, 10-3 (Supp.)). ? B: NAMES ON GENERAL ELECTION BALLOTS The chairman and secretary of each State convention shall, within 2 days thereafter, transmit to the State board of elections of this State a certificate setting forth the names and addresses of all persons nominated by such State convention for electors of President and vice President of the United States, and the names of such candidates so chosen by such State convention for electors of President and Vice President of the United States shall be caused by the State board of elections to be printed upon the official ballot a t the general election (5 7-9(c) (Supp.)). The names of the candidates of the several political parties or groups for electors of President and Vice President shall not be printed on the official ballot to be voted in the election to be held on the day in this act above named. In liue of the names of the candidates for such electors of President and Vice President, immediately under the appellation of party name of a party or group in the column of its candidates on the official ballot there shall be printed within a bracket the name of the candidate for President and the name of the candidate for Vice President of such party or group with a square to the left of such bracket (5 21-l(b) Supp.). C. STATUTORY INSTRUCTIONS The electors, elected as aforesaid, shall meet at the office of the Secretary of State in a room to be designated by him in the capitol at Sprin&?eld in this State, a t the time appointed by the laws of the United States a t the hour of 10:OO o'clock in the forenoon of such day, and give their votes for President and for Vice President of the United States, in the manner herein provided, and perform such duties as are or may be required by law (9 21-41. INDIANA Presidential Electors: 12 A. NOMINATION (1) Major parties Electors are nominated by each party convention, provided that a party may by appropriate rules permlt the delegates from the several congressional districts to select their own candidates for elector from such district. Alternate electors are nominated in the same manner as electors (Burns Indiana Statutes Annotated, 9 3-1-10-3). (2) Minor and new parties Any party that cast one-half of one percent of the total vote of the State a t the last preceding general election may nominate candidates for all offices to be filled at the general election (including presidential electors) by convention or b petitions. Names of candidates must be certified to the tate election board or county election board by the presiding officer and secretary of the convention or by the chairman and secretary of the political party unit holding the convention (9 3-1-11-1) not later than September 1 (9 3-1-11-5). (3) New party and independent candidate A person may become a candidate of a new party, or of a minor party, or an independent candidate, by filing with the Governor (if office is to be voted for by the whole State) a petition signed by qualified voters equal in number to one half of one percent of the total vote of all parties cast for Secretary of State at the last receding general election. Filing should be not later than eptember 1 before election ($9 3-1-11-1, 3-1-11-5). Petitioner may designate a brief name or title of the party or principle which said candidates represent, together with any simple figure or device by which they shall be designated on the ballot ($9 3-1-11-1, 31-12-5). Petitions which nominate presidential electors may certify the names of the candidates for President and Vice President supported by the electors (9 3-1-12-5). (4) Independent candidates See "New party and independent candidate," supra. B 8 B. NAMES ON GENERAL ELECTION BALLOTS The names of the candidates for electors shall not be placed on the ballot. The names of the candidates for President and Vice President of the respective parties nominating a group of candidates for electors shall be printed on the ballot below the words, "For presidential electors." A vote cast for the candidates for President and Vice President of a political party shall be construed to be a vote for all the candidates for the presidential electors of such party ($$ 3-1-12-2 through 3-1-12-5). C. STATUTORY INSTRUCTIONS The presidential electors shall assemble in the chamber of the house of representatives, on the first Monday after the second Wednesday in December, or such other day as may be fixed by Congress, to elect such President and Vice President, a t the hour of 10:OO o'clock a.m., and the Governor shall then and there deliver to the electors present a certificate of the names of all the electors; and if any elector fails to appear before 11:OO o'clock in the morning of said day, the electors present shall, by ballot, by a majority of all present, fill such vacancy; which election shall be forthwith certified by a majority of the electors to the Governor, who shall immediately notify such person of his election ($3-1-12-6). Such electors, when so assembled and such vacancies are so filled, shall then and there proceed to vote, by ballot, for President and Vice President of the United States, and perform the duties imposed upon them as such electors by the Constitution and laws of the United States and of the State of Indiana ($3-1-12-7). IOWA Presidential Electors: 8 A. NOMINATION (1)Major parties Electors are nominated by regular State party conventions (Iowa Code Annotated, $ 43.109(4)), which shall be held either preceding or following the primary election a t a time and place designated by the party State central committee, either preceding or following the primary election ($ 43.107,. Supp.). The names of candidates for President and Vice President of a political party as defined in the law shall be certified to the State Commissioner by the party State chairperson and secretary of the State central committee at least 67 days prior to the general election (5 54.5, Supp.). (2) Minor and new parties A political organization which did not cast a t least 2 percent of the total vote cast for President of the United States or for Governor a t the last general election (9 43.2, Sup .) may nominate one candidate for each office to be fillerPat the next general election. Such nomination shall be by convention or caucus ($ 44.1, Supp.), provided that to qvalify for making a nomination for statewide office, such political organization must have a t its convention or caucus a minimum of 250 qualified electors with a t least one elector from each of 25 counties ($44.1, supp.). The nomination certificate, signed by the chairman and secretary of such convention or caucus, shall be filed with the State Commissioner not more than 85 nor less than 67 days before the general election (9 44.2, $9 44.3, 44.4, Supp.). Certificates of nomination by such conventions for presidential electors in addition to the names and addresses of presi- dential electors are to contain the names of the candidates for President and Vice President (5 44.3, Supp.). (3) Independent candidates Nominations for candidates for president and vice president and for state offices may be made by nomination papers signed by not less than one thousand eligible electors of the state; for candidates for offices filled by the voters of a county, district or other division by papers signed by eligible electors residing in the county, district or division equal in number to a t least two percent of the total vote received by all candidates for president of the United States or governor, as the case may be, at the last preceding general election in the county, district or division; and for township, city or ward, by papers signed by not less than twenty-five eligible electors, residents of the township, city or ward. In the case of candidates of president and vice president, the names and addresses of the candidates for presidential electors shall be printed on the face of or attached to each page of the nomination petition (5 45.1, supp.). B. NAMES ON GENERAL ELECTION BALLOTS The names of candidates for President and Vice President and not the names of the candidates for electors shall be placed on the ballots under the respective party names. A vote for the candidates of any political party or group of petitioners for President and Vice President shall be deemed conclusively to be a vote for each candidate nominated in each district and in the State a t large by the party for electors ($9 49.32, 54.2) C. STATUTORY INSTRUCTIONS The presidential electors shall meet in the capitol, at the seat of goverment, on the first Monday after the second Wednesday in December next following their election. If, at the time of such meeting, any elector for any cause is absent, those present shall at once proceed to elect, from the citizens of the State, a substitute elector or electors, and certify the choice so made to the Governor, and he shall immediately cause the person or persons so selected to be notified thereof. When so met, the said electors shall proceed, in the manner pointed out by law, with the election, and the Governor shall duly certify the result thereof, under the seal of the State, to the United States Secretary of State, and as required by act of Congress relating to such elections ($3 54.7; 54.8, but see 3 U.S.C 5 11, which names the Administrator of General Services as the recipient.) KANSAS Presidential Electors: 7 A. NOMINATION (1)Major parties Kansas in 1961 changed the procedure for nominating presidential electors of the major political parties from the use of primaries to nomination at delegate or mass conventions or caucuses (Kansas Statutes Annotated, 5 25-301). A conven- tion or caucus shall be called by the State chairman of the party, or if there be no State chairman, by the party's candidate for Governor a t the preceding general election ($ 25302). Party nominations for presidential elections can only be made by a delegate or mass convention or caucus of qualified voters belonging to a political party having a national or State organization. Certificates of nomination must be filed by noon on June 20 prior to the general election ($5 25-301, 25-305). (2) Minor and new parties Candidates for elective office who are members of any political party whose candidate for Secretary of State did not poll a t least 5 percent of the total vote cast for all candidates for Secretary of State in the preceding general election shall not be entitled to nomination by primary but shall be nominated by a delegate or mass convention ($25-202). A convention shall be called as in (1) above. Presidential elcctors of such parties shall be nominated at State conventions ($25-301). Certificates of nomination shall be signed by the presiding officer and a secretary of the convention and filed with the Secretary of State by noon on June 20 prior to the general election ($5 25-302, 25-305). A new party organized in Kansas and any national political party seeking to organize in the State shall be allowed to make party nominations by mass conventions or caucus only after filing with the Secretary of State a t least 60 da s before June 20 in an election year petitions signed by qua%tied electors equal in number to a t least 3 percent of the total vote cast for ali candidates for Governor in the last preceding general election. Such petitions shall declare the intention of said electors of organizing a political party, set forth its name, and its intention to participate in the next succeeding election ($ 25-302a). Candidates of such parties shall be nominated and their names certified in the same manner as by minor parties. (3) Independent candidates Candidates may be nominated by independent nomination papers signed by not less than 2,500 voters ($25-303, Supp.). Independent nomination petitions are to be filed with the Secretary of State by noon on June 20 prior to the general election ($ 25-305). B. NAMES ON GENERAL ELECTION BALLOTS The names in each oup of presidential electors shall be arranged in the alpha etical order of their surnames. The surnames of the candidates of each political party for the offices of President and Vice President, with the political designation thereof placed a t the right of the surnames, shall be in one line above the group of candidates of such party for presidental electors. No write-in candidates are permitted ($ 25615). f C. STATUTORY INSTRUCTIONS The electors of President and Vice President of the United States shall convene a t the capitol of the State on the first Monday after the second Wednesday in December after their election, at the hour of 12:OO o'clock noon of that day; and if there shall be any vacancy in the office of electors, occasioned by death, refusal to act, neglect to attend, or other cause, the electors present shall immediately proceed to fill, by ballot and by a plurality of votes, such vacancy in the Electoral College, and when the electors shall appear, or the vacancies shall have been filled as above provided, they shall proceed to perform the duties required of such electors by the Constitution and laws of the United States (5 25-802). KENTUCKY Presidential Electors: 9 A. NOMINATION (1)Major parties Presidential electors may be nominated by major political parties by a convention or primary election held by the party in accordance with its constitution and bylaws (Kentucky Revised Statutes, § 118.325(1)).Such nominations shall be certified in writing by the presiding officer and secretary of the convention. The certificates shall state the names of the candidates of the party for President and Vice President (5 118.325(2)).Such certificates shall be filed with the Secretary of State not less than 55 days prior to the general election (§ 118.365(4>,Supp.). The statutory provisions covering regular primary elections are not applicable to primaries for presidential electors (5 118.105(4)). (2) Minor and new parties A political organization which cast at least 2 percent but less than 20 percent of the total vote of the State at the last presidential election may nominate candidates by convention or by a primary election held by the party in accordance with its constitution and bylaws. The certificates of nomination for statewide offices by such a convention or primary election, signed by the presiding officer and secretary of the convention or by the proper committee chairman and secretary, shall be filed with the Secretary of State not less than 55 days before the primary election ($5 118.015(1), 118.325(1), (2), 118.365(4),Supp.). In case of presidential electors, the proceedings shall be as for major parties in (1) above, and the certificate shall state the names of the party candidates for President and Vice President ($118.325).Minor political parties who have failed to nominate candidates by convention, or new parties who have failed to secure 2 percent of the vote a t the last general election, may nominate by petition as in the case of an independent candidate ($9 118.325, 118.015(1), 118.315; see Asher v. Johnson, 192 Ky. 575, 234 S.W. 18 (1921); 1960 Opinion of the Attorney General, 289). (3) Independent candidates A candidate may become an independent candidate when a nominating petition is filed in his behalf signed by 5,000 qualified voters if office is voted for by entire State (5 118.315, Supp.). Petitions should be filed with Secretary of State (5 118.356), not more than 55 days prior to the date fixed by law for the election of electors ($ 118.365(4), Supp.). Presidential electors are State officers, Todd v. Johnson, 99 Ky. 548, 36 S.W. 987 (1896). B. NAMES ON GENERAL ELECTION BALLOTS Candidates for President and Vice President shall be entitled to have their names placed on the ballot for the regular election if they are candidates of those political parties and organizations which have nominated presidential electors as provided in Kentucky Revised Statutes, § 118.325, where the certificate of nomination of such electors has been filed with the Secretary of State within the appropriate time (5 118.305, Supp.). In the case of elections for electors of President and Vice President of the United States, the State board of elections shall issue a certificate of election to each elector of the political party or organization whose candidates for President and Vice President received the highest number of votes and the determination by the board that the candidates of any political party or organization for President and Vice President have received the highest number of votes shall constitute a determination that the electors nominated by that party have been elected (5 118.425(5)). C. STATUTORY INSTRUCTIONS The electors or President and Vice President of the United States shall convene a t the State capitol, a t 10:OO a.m. on the first Monday after the second Wednesday in December next after their election, give their votes a t or after 12:00 noon, and make return thereof according to law. If any elector fails to attend by 1230 noon on the day of the meeting, those in attendance shall fill his place by the election on another person, who shall have the same powers as if originally elected by the people ($ 118.445). LOUISIANA Presidential Electors: 10 A. NOMINATION (1)Political Parties Nominations for candidates for Presidential electors made by each recognized political party shall be made in such manner as shall be determined by a resolution adopted by the State central committee of the respective recognized political party. Each recognized political party shall nominate a full slate of candidates for 'elector, one from each congressional district and two from the State a t large (Louisiana Revised Statutes Annotated, title 18, § 1253(A)). The names of candidates nominated b each recognized political party shall be filed with the ecretary of State by sworn statement, which shall be known as a certificate of nomination. The certificate of nomination shall be sworn to, signed, and filed by the chairman and secretary of the State central committee, except when the State central committee orders the nomination of presidential electors by a convention, in which case the chairman and secretary of the convention shall g swear to, sign, and file the certificate of nomination (18, li 1253(B)). Each certificate of nomination shall contain: (a) the name and place of residence of each candidate for presidential elector; (b)the particular office of presidential elector for which each is nominated; (c) the name of the recognized political party making the nomination; (d) the names of the candidates for President and Vice President supported by the party. In addition, a certificate of nomination filed by the chairman and secretary of a State central committee shall certify the adoption by the State central committee of the resolution of the committee which authorized the method of nomination, the method of nomination used, and the time and place where the nomination took place. A certificate of a nominating convention also shall certify the adoption by the State central committee of the resolution which authorized the convention, the time, and place where the convention was held, and the election of the chairman and secretary. Each certificate of nomination filed with the Secretary of State shall be accompanied by the notarized affidavit of each candidate for elector signifying that the certificate constitutes his acceptance of the nomination (18, 9 1253(C)).The certificate of nomination shall constitute full proof of the nominations it recites and shall entitle the candidates for electors to each receive the number of votes received in the election by the party's candidate for President (18, 9 1253(D)). If the nominees for the offices of President and Vice President nominated by a national convention of a recognized political party, together with a slate of candidates for the offices of presidential electors to support such nominees, are not properly certified to the Secretary of State by the state central committee of that party prior to five o'clock p.m. on the first Tuesday in September in a presidential election year, the national chairman of the political party, after notifying the chairman of the state central committee of that political party, shall certify a slate of electors to certify the nominees to support such nominees within forty-eight hours thereafter (18, 9 1253(E), Supp.). A political party is recognized if one of its candidates for presidential elector received at least 5 percent of the votes cast in the State for presidential electors in the last presidential election or if a t least 5 percent of the registered voters in the State are registered as being affiliated with the political party (9 441). (2) Independent candidates Slates of independent candidates for presidential elector may be nominated by nominating petitions or may qualify by the payment of a qualifying fee of $500. An independent candidate for presidential elector may be registered to vote with or without a declaration of party affiliation (9 1254(A)). A nominating petition for a slate of candidates for the offices of presidential elector shall be signed, filed, and certified as provided for State candidates voted on throughout the State (9 1254(B)). Nominating petitions for the office of presidential elector shall be in the form prescribed by Louisiana Revised Statutes, 18, § 465(D), except that in lieu of including the recognized political party with which the candidates are affiliated, the petition shall contain in not more than three words the political principle which the candidates represent. In lieu of the date of the primary election for which the candidates seek to qualify, the petition shall include the date of the general election. The petition shall also include the names of the candidate for President and the candidate for Vice President whom the candidates for elector support; however, neither the candidate for President nor the candidate for Vice President supported by the slate of candidates for electors shall be a candidate for that office supported by a recognized political party or by a slate of candidates for elector who have previously filed a nominating petition for that election. Each petition shall contain a f d l slate of candidates for elector, one from each congressional district and two from the State a t large. Each nominating petition shall be accompained by the notarized affidavit of each candidate for elector signifying that the certificate constitutes his acceptance of the nomination (9 1254(C)). Certificates of nomination of presidential electors and all nominating petitions shall be filed with the Secretary of State during the period beginning on the first Tuesday in August and ending a t 500 p.m. on the first Tuesday in September of each year in which a presidential election is to be held ($1255). B. NAMES ON GENERAL ELECTION BALLOTS In any year in which presidential electors are to be elected, the Secretary of State shall arrange the voting machine ballot on the vertical type voting machine so that the names of candidates for President and Vice President shall apppear on the ballot in the first column. On the horizontal type voting machine the Secretary of State shall arrange the voting machine ballot so that the names of candidates for President and Vice President shall appear on the ballot in the first two columns. Directly to the left of the names of the presidential and vice presidential candidates on the vertical type voting machine and directly above the names of the presidential and vice presidential candidates on the horizontal type voting machine shall appear: (a) if nominated by a recognized political party, the name of the party and the national party emblem, if any, or State party device, if any, as the state central committee of the party shall direct; and (b)if nominated by a nominating petition, the political principal which the candidates support, as stated on the nominating petition, if any, and the words "Nominating Petition" or the abbreviation "Norn. Petition." Immediately below the name of the party, "Nominating Petition," or "Nom. Petition" shall appear the word "Electors," and below this shall appear the names of the presidential electors nominated in support of the nominees for President and Vice President of that party or political principal. In preparing the ballots, the Secretary of State shall arrange the names of the candidates of recognized political parties alphabetically, according to the names of the parties, followed by the names of the candidates nominated by nominating petitions, listed alphabetically by designation of political principal. No candidate nominated other than by a recognized political party shall use the name of any recognized political party in the political or party designation of the candidate (9 1259). C. STATUTORY INSTRUCTIONS The electors shall meet in the State capitol in Baton Rouge on the day appointed for their meeting by Federal law and shall execute the duties and services enjoined upon them by the Constitution and laws of the United States. Notice of the time and place of the meeting shall be transmitted to each elector by the Secretary of State no later than seven days preceding the day of the meeting (9 1263). MAINE Presidential Electors: 4 A. NOMINATION (1)Major parties Presidential electors are nominated a t biennial State conventions of the respective parties held in presidential election years between March 1 and August 1 (Maine Revised Statutes, title 21, § 401). A "major party" is one which at the last gubernatorial election polled the greatest or next greatest number of votes cast in the State for Governor ( Q 1.15). (2) Minor and new parties A "minor party" means one other than a major party (6 ." 1.17). ''party" refers to a political organization which has qualified to participate in a primary or general election pursuant to chapter 10 (9 1.21). Candidates of minor parties must be selected by a primary election held on the second Tuesday in June every general election year (9s 1.21, 441, 448), except presidential electors, who are nominated at party conventions ($8 401.2(C), 441). (3) Independent candidates A person may file as a candidate for any Federal, State, or county office either by primary election or nomination petition, but not by both (9 491). A person who seeks nomination by petition shall file a signed declaration of candidacy with the Secretary of State by or before 5:00 p.m. on April 1 of the election year in which that person will be a candidate (3 493). Nomination petitions for a slate of candidates for the office of presidential elector must be signed by at least 4,000 and not more than 6,000 voters (5 494.5(A). A nomination petition may not be signed before January 1 of the election year in which it is to be used (§ 494.6). A nomination petition may contain the candidate's consent and the candidate's political desi ation, which shall not exceed three words in length, shal not include the candidate's name, and shall not include the name or designation of a party qualified to nominate candidates by primary election (§ 494.1). The petition shall be submitted to the registrar of each municipality for certifica- Y tion by or before 5:00 p.m. on the fifth day before the date of the primary election ($ 494.8). The petition shall be filed in the office of the Secretary of State by or before 500 p.m. on the date of the primary election in the election year in which it is to be used ($494.9). Names of presidential electors must be placed on the petition as a slate. Names of candidates for President and Vice President shall be placed on a petition for the nomination of presidential electors (3 494.1(A)). B. NAMES ON GENERAL ELECTION BALLOTS The names of the electors must not be printed on the ballot. A vote for a residential and vice residential candidate is considered a bate for the electors representing that party ($9 ?01(1)(A), 1181). C. STATUTORY INSTRUCTIONS Electors shall vote by separate ballot for one person for President and one person for Vice President ($ 1184(1) Ch. 360, $ 8, 1983 Session Laws.). A presidential elector is elected from each congressional district and two a t large ($ 1181(AN. They shall convene in the Senate chamber in Augusta on the first Monday after the second Wednesday of December a t 2:00 p.m. following their election (9 1183). The presidential electors a t large shall cast their ballots for presidential and vice presidential candidates who received the largest number of votes in the State. The presidential electors of each congressional district shall cast their ballots for the presidential and vice presidential candidates who received the largest number of votes in each congressional district ($1184(1)(A); (Ch. 360, $ 9, 1983 Session Laws). If any electors are not present, the electors present shall fill the vacancy by majority vote ($1183). MARYLAND Presidential Electors: 10 A. NOMINATION (1)Major parties A major party is any party with which ten percent or more of the registered voters of the State are affiliated, as shown by the most recent statement of registration of the State Administrative Board of Election Laws (Annotated Code of Maryland, Art. 33, $ 5-1, Supp.). The State convention of any party shall nominate or provide for the nomination of candidates for presidential electors of the party in such manner as the convention determines. The State convention shall nominate or provide for the nomination of as many candidates for presidential electors of the party as this State is entitled to appoint. The names of persons nominated by the State convention as candidates for presidential electors shall be certified by the presiding officers of the State convention to the State Administrative Board of Election Laws ($ 12-3). (2) Minor a n d new parties If, in any general election for President of the United States or Governor of the State, any political party polls less than three percent of the entire vote cast in the State for the offices of President and United States Senator (if a Senator for the State was elected a t such election), such party shall cease to be a political party, and in subsequent elections must qualify as a new party to participate in elections (8 4C-1). Any group of voters wishing to form a new political party shall do so b:y filing with the State Administrative Board of Election Laws a petition for formation of a political party which shall declare their intention of organizing a State political party, the name of which shall be stated in the petition together with the name and address of the State chairman thereof and the names and addresses of a t least twentyfive persons who shall be designated as constituting the governing body of the party. Appended to the petition shall be papers bearing the signatures of a t least ten thousand qualified voters of the State (9 4B-l(a)). If the petition for the formation of a political party is properly drawn and filed, then, within ninety days after the filing of the petition and appended papers, the persons designated in the petitlon as constituting the governing body of the party shall hold a n organizational meeting and shall adopt for the conduct of the affairs of the party a n interim constitution and hylaws, which shall be filed with the State Administrative Board of Election Laws within thirty days after adoption. Any amendments to the interim constitution and bylaws shall likewise be filed with the State Administrative Board of Election Laws within thirty days after adoption. The said organizational meeting shall be convened by the person designated in the petition as the State chairman of the party, who shall preside as president pro tem of the meeting until such time as party officers are elected (§ 4B- l(D). The interim constitution and bylaws shall provide for such meetings as in the opinion of the governing body of the new political party shall be necessary for the proper conduct of party affairs and shall specifically provide for the selection of a State central committee for the party, the selection of party central committees for the several counties and Baltimore City, and for the selection of chairmen for the State and local party central committees (5 4B-l(g)). The interim constitution and bylaws shall also provide for the manner of calling all meetings and for advance notification thereof; for rules governing the conduct of all meetings, including the attendance required for a quorum; for a procedure for selecting party nominees for public office, subject to the provisions of this article; and for the manner and method of amending the interim constitution and bylaws of the political party. The interim constitution and bylaws shall also provide that no meeting of the political party or the governing body of the political party shall be called unless ten days written notice thereof shall be given, by regular mail, to each person entitled under the interim constitution and bylaws to attend, addressed to the residence of such person as disclosed by the records of the board of the county or Baltimore City in which such person is a voter. In the event that it is necessary to call a meeting to fill a vacancy in a party nomination for public or party office, it shall be sufficient if five days notice shall be given in a manner to be provided by the interim constitution and bylaws (Ibid.). The nominees for public office of the party shall be selected in the manner provided in the interim constitution and bylaws of the party, but no such nominee shall appear upon the ballot a t any general election unless the nominee has complied with all the requirements of the provisions of the subtitle "Nomination by Petition." including the filing of petitions with the election board or the several boards of the State, which shall bear in addition to the name of the nominee, the name of the party, signed by not less than three percent of the registered voters who are eligible to vote for the office for which election a t the general election is sought. The political party shall not nominate more than one candidate for each public or party office to be filled a t the suceeding general election, except to fill a vacancy in a prior nomination (8 4B-l(h)). (3) Independent candidates A candidate for any public office who is registered as an independent or who is a member of or affiliated with a partisan organization which is not a political party may be nominated by petition ($7-l(a), Supp.). A candidate for public office seeking nomination by petition shall file a certificate of candidacy with a sworn statement attached that he has on file with the election board or the several boards of the State petitions signed by not less than three percent of the registered voters who are eligible to vote for the office for which such nomination by petition is sought (87-l(b), Supp.). The petition with the required number of signatures is to be filed with the appropriate board by not later than 5 p.m. on the first Monday in August (8 7-Uc), Supp.). B. NAMES ON GENERAL ELECTION BALLOTS Each citizen of the State entitled to vote for those persons seeking Federal office shall have the right to vote for the whole number of electors. The presidential electors of the candidates for President and Vice President who receive the highest number of votes shall be declared to be elected as said electors, and shall be deemed so a pointed (§ 20-1). The names of the candidates for presidentia electors shall not be printed on the ballot, but in lieu thereof the names of the candidates of each party for the office of President and Vice President shall be printed thereon. A vote for said candidates for President and Vice President shall be deemed and counted as a vote for each of the presidential electors of said party (8 20-2). !' C. STATUTORY PROVISIONS The presidential electors elected a t the November election shall meet in the State House in Annapolis. After taking the oath prescribed by the Constitution, they shall give their votes for President and Vice President, on the day fixed by law of the United States, for meeting of electors of President and Vice President, and shall cast their votes for the candidates who received a plurality of the votes cast in the State (0 20-4). MASSACHUSETTS Presidential Electors: 13 A. NOMINATION (1)Major parties The State committees of the respective political parties a t a meeting called for the purpose shall nominate the presidential electors. The surnames of the candidates for President and Vice President of the United States shall be added to the party or political designation of the candidates for presidential electors. Such surnames and a list of the persons nominated for presidential electors shall be filed by the State chairmen of the respective political parties not later than the second Tuesday of September (Massachusetts General Laws Annotated, ch. 53, 3 8, Supp.). Nomination papers for presidential elector are to be filed on or before the first Tuesday in June in which a presidential election is to be held. June 5, 1984 (3 10, Supp.). (2) Minor and new parties At any primary, caucus or convention, each party having the right to participate in or hold the same may nominate as many candidates for each office for which it has the right to make nominations therein as there are persons to be elected to that office, and no more. A party which makes one or more nominations shall be entitled to have the name of each of its candidates printed on the ballot to be used a t the ensuing election; but, unless the nomination is made by direct plurality vote in a primary or in several caucuses held in more than one ward or in more than one precinct or group of precincts, a certificate of nomination must be filed with the Secretary of State ($9 1, 5, 10, Supp.). Such State convention shall be held not earlier than 4 days after the caucuses a t which delegates to such convention were elected, and not later than 48 hours prior to the hour for filing certificate of nomination (5 4). The certificate of nomination with the candidates' written acceptance, except for presidential electors, should be filed by the secretary of the convention with the Secretary of State within 72 hours succeeding 5:00 p.m. of the day on which the caucus was held or the session of the convention terminated ($0 5; 9, Supp.). Nomination papers should include the party, if any, which a candidate represents ($8, Supp.). Names of candidates for President and Vice President shall be added to the party or political designation of candidates for presidential electors (9 8, Supp.). Provisions of this paragraph also apply to nomination papers for independent and new party candidates. (3) Independent candidates Nomination papers are required for candidates to be voted on by the State at large, signed by voters equal in number to 2 percent of the entire State vote for Governor a t the last biennial election (5 6, Supp.). Candidate's written acceptance must accompany nomination papers (9 9, Supp.). Nomination papers should be submitted to registrars of signer's city or town of voting residence for certification on or before 5:00 p.m. of the 7th day before last date for filing (9 7, Supp.), and should be filed with the Secretary of State (5 9, Supp.). B. NAMES ON GENERAL ELECTION BALLOTS The names of the candidates for presidential electors shall not be printed on the ballot, but in lieu thereof, the surnames of the candidates of each part for President and Vice President in one line under the esignation "Electors of President and Vice President." A square in which the voter may designate his choice for electors is a t the right of each political designation. The candidates for electors are nominated to vote for the party's candidates for President and Vice President. The vote for such latter candidates on the State ballot, however, shall be deemed as a vote for the candidates for electors (ch. 54, @ 43, 43A, 78). d C. STATUTORY INSTRUCTIONS Candidates for President and Vice President and State chairmen when filing the list of nominees for presidential elector must also file an acceptance in writing signed by each candidate for presidential elector on a form to be provided by the Secretary of State. The acceptance form shall include a pledge by the presidential elector to vote for the candidate named in the filing (ch. 53, 5 8). In order to vote for presidential electors, the voter shall make a cross in the square a t the right of the party or political designation appearing on the ballot a t the right of the surnames of the candidates for President and Vice President. Persons chosen as presidential electors shall meet a t the statehouse on the date fixed by Federal law and organize. A journal of their proceedings shall be kept and shall be deposited in the office of the Secretary of State (ch. 54, #78, 148). MICHIGAN Presidential Electors: 20 A. NOMINATION (1)Major parties Presidential electors are nominated by major parties a t their respective regular fall State conventions (Michigan Compiled Laws, 5 168.42). Such conventions shall be held not less than 66 days before the November general election a t a time and place designated by the party State central committee. The calls for such conventions shall be issued a t least 60 days prior to the August primaries (5 168.591, Supp.). The primar is held on the Tuesday succeeding the first Monday in i u g u s t (5 168.534, Supp.). August 7, 1984 Each respective State central committee in its cail for the State convention shall forward a notice to the chairman of each county committee of the party showing the number of delegates to which each county shall be entitled in the State convention of the party, and the State central committee shall apportion such delegates to the several counties in proportion to the number of votes cast for the candidate of the party for Secretary of State in each of said counties, a t the last preceding November election. In addition to the proportionate number of delegates allocated to each county, the State central committees shall allocate an additional number of delegates equal to the number of incumbent legislators nominated by their party and residing in such county (5 168.598, Supp.). County conventions meet to choose delegates to the State conventions which shall be held not less than 8 nor more than 19 days after the August primaries (5 168.592, Supp.). The names of all the candidates for electors as well as the candidates of the party for the offices of President and Vice President shall be certified by the State central committee of each party to the Secretary of State and the various county boards of election commissioners within 24 hours after the conclusion of the conventions ($ 168.686). (23 Minor and new parties Any poiitical party which failed to have at least one candidate who received a t least 5 percent of the total vote cast for all candidates for the office of Secretary of State in the last preceding State election, either in the State or in any political subdivision affected, shall not make its nominations by the direct primary method. The nomination of candidates of such parties shall be made by means of caucuses and conventions ($5 168.532, 168.686a, Supp.). A convention for the selection of presidential electors shall be held a t least 66 days prior to the November general election (9s 168.42, 168.591, Supp.). Such nominations shall be certified by the chairman and secretary of the convention or caucus, under oath, and there shall accompany such certifications a written acceptance of nomination by each candidate and affidavit of identity ($9 168.686a, Supp., 168.558). Nomination certificates shall also contain the designation of the party (5 168.687). In each presidential election year, names of a party's candidates for President and Vice President shall be filed at the same time ($168.686). The name of no candidate of a new political party shall be printed upon the official ballots of any election unless the chairman and secretary of the State central committee of the party shall have filed with the Secretary of State, a t least 3 months before the primary election, a certificate signed by them bearing the name of the party, and unless accompanying the certificate there shall have been filed petitions bearing the signatures of registered and qualified electors equal to not less than one percent nor more than four percent of the number of votes the successful candidate for Secretary of State received at the last election in which a Secretary of State was elected. The petitions shall be signed by a t least 100 residents in each of at least 9 congressional districts of the State and not more than 35 percent of the minimum required number of the signatures may be resident electors of any one congressional district (5 168.685, Supp.). No political party, the principal candidate of which shall have received a vote equal to less than one percent of the total number of votes cast for the successful candidate for the office of Secretary of State at the last preceding election in which a Secretary of State was elected shall have the name of any candidate printed on the ballots at the next ensuring election, nor shall a column be provided on the ballots for such party (Ibid.). New parties shall nominate presidential electors in the same manner as other parties ($168.42). B. NAMES ON GENERAL ELECTION BALLOTS The names of the candidates for President and Vice President are printed on the general State ballot in lieu of the names of the electors. The office title, however, reads "Electors of President and Vice President of the United States" ($ 168.706). A vote for the presidential and vice presidential candidates shall be deemed a vote for their entire list of presidential electors ($ 168.45). C. STATUTORY INSTRUCTIONS The electors shall convene in the senate chamber a t the State capitol a t 2:00 p.m. on the first Monday after the second Wednesday in December after their election (8 168.47, Supp.). Those candidates for electors of President and Vice President shall be deemed elected whose names have been certified to the Secretary of State by that political party receiving the greatest mumber of votes for the office at the ensuing November election ($168.42). MINNESOTA Presidential Electors: 10 A. NOMINATION (1)Major parties Presidential electors are nominated by delegate conventions called and held under the supervision of the respective State central committees of the major parties of the State. The names of the persons nominated as presidential electors shall be certified to the Secretary of State by the chairman of such convention for the office of presidential elector on or before any primary election day (September 11, 1984) (Minnesota Statutes Annotated, 8 208.03, Supp.). "Major political party" means a political party that maintains a party organization in the state, political division or precinct in the question and: (a) Which has presented at least one candidate for election to a partisan office at the last preceding state general election, which candidate received votes in each county in that election and received votes from not less than five percent of the total number of individuals who voted in that election; or (b)Whose members present to the county auditor a petition for a place on the state partisan primary ballot, which petition contains signatures of a number of the party members equal to at least five percent of the total number of individuals who voted in the preceding state general election in the - county where the application is submitted ($ 200.02, Subd. 7, Supp.). (2) Minor and new parties Candidates for any partisan office who do not seek the nomination of a major Political Party shall be nominated by nominating petition and shall file an affidavit of candidacy ($204B.03, Supp.). On petitions nominating presidential electors, the names of the candidates for President and Vice President shall be added to the political party or political principle stated on the petition. One petition may be filed to nominate a slate of presidential electors equal in number to the number of electors to which the State is entitled ($ 204B.07, Subd. 2, Supp.). Nominating petitions shall be signed during the period when petitions may be filed as provided in section 204B.09. A nominating petition may be signed only by individuals who are eligible to vote for the candidate who is nominated. No individual may sign more than one nominating petition for candidates for the same office unless more than one candidate is to be elected to that office. If more than one candidate is to be elected to the office, an individual may sign as many petitions as there are candidates to be elected. The number of signatures required on a nominating petition for a state office voted on statewide shall be one percent of the total number of individuals voting in the state a t the last preceding state general election, or 2,000, whichever is less ($ 204B.08, Subds. 1-3, Supp.). Candidates for Presidential electors may file affidavits and petitions on or before the state primary day (September 11, 1984) ($ 204B.09, Subd. 1, Supp.). (3) Independent candidates (See Minor and new parties supra.). B . NAMES ON GENERAL ELECTION BALLOTS The names of the party candidates for President and Vice President rather than the names of the persons nominated for presidential elector are printed on the ballot, and a vote for the candidate shall be counted as a vote for each of the party's electors ($208.04, Supp.). C. STATUTORY INSTRUCTIONS The presidential electors, elected at the November election, shall meet in the executive chamber a t the State capitol on the day fixed by Congress for voting for President and Vice President, and then and there perform all and singular duties imposed upon them as such electors by the Constitution and laws of the United States and the State ($3 208.06208.08, Supp.). MISSISSIPPI Presidential Electors: 7 A. NOMINATION (1) Major parties Mississippi statutes provide that at a State convention of a party, upon motion supported by 10 percent of the member- ship of said State convention, a slate of electors pledged to support the candidates for President and Vice President of the national political party with which the party in the State is affiliated shall be designated (Mississippi Code Annotated, $ 23-1-17.) Also upon motion supported by 10 percent of the membership of the State convention, a slate of unpledged electors shall be designated (Ibid.). A primary election shall be held the first Tuseday in S e p tember in the year of the general election for President and Vice President, and the group of electors receiving the most votes a t the election shall be placed upon the ballot in the general election as the electors of the political party. No other group of electors shall be placed upon the ballot as the electors of the political party (g 23-1-19, Supp.). The electors pledged to support the national candidates of the party must so certify to the Secretary of State in writing a t least 60 days before the primary. Otherwise they shall be placed on the primary ballot as unpledged (ibid.). A three judge Federal court sustained the authority of the State to provide statutorily for unpledged electors of a national party on the ballot (Gray v. Mississippi, 233 I?. Supp. 139 (D.Miss. 1964)). (2) Minor a n d new parties Under the primary or general election laws of the State, no distinction is made between major and minor or new parties. Any political party, in order to articipate in primaries shall register with the Secretary of tate within 30 days after its organization (§ 23-1-5). At a State convention, upon motion supported by ten percent of the membership of said State convention, a slate of electors shall be designated and selected for a place on the ballot. The application for registration of the party named to be presented to the Secretary of State shall be accompanied by an affidavit of the chairman or secretary of the party seeking registration, listing the names of the members of the State extzutive committee, showing the chairman and secretar , together with the names of the national committeeman a n'c! committeewoman, and all the officers of said party, and setting forth that said executive committee and other officers of such party have been elected in accordance with the provisions of 23-1-3, and the Secretary of State is authorized to require proof as to the compliance with said section, when, in his opinion, such party has not complied with same ($23- Q 1-7). - . ,. It shall be unlawful for any person or group to set up any political party in the State except in the manner provided by law (8 23-1-11). Political parties nominate candidates a t a primary and hold the primary as required between slates of candidates for nomination as presidential electors ($§ 23-1-15, 23-1-17). (3) Independent candidates Any candidate who has not been nominated by a political party may have his name printed on the ballot in any general or special election if he requested to be a candidate by a petition filed not less than 60 days before the election. If running for an office elected by tho State a t large, the candidate should obtain si natures from not less than 1,000 qualified electors (Laws o 1978, H. B. 44, Chapter 429, Approved March 27, 1978). f B. NAMES ON GENERAL ELECTION BALLOTS The names of the electors are printed on the general election ballot, and there may be indication of those candidates for President and Vice President whom they are pledged to s u p port (5 23-1-21). The group of electors receiving the most votes at the primary election shall be placed upon the ballot in the general election as the electors of the political party, and no other group of electors shall be placed upon the general election ballot as the electors of the political party (5 23-1-19, Supp.). Nothing in the Mississippi statutes shall be construed to place mandatory or inhibitory restrictions upon the office of elector for President and Vice President contrary to the provisions of the United States Constitution ($23-1-23). When presidential electors are to be chosen, the Secretary of State of Mississippi shall certify to the circuit clerks of the several counties the names of all candidates for president and vice president who are nominated by any national convention or other like assembly of any political party or by written petition si ned by a t least one thousand (1,000) qualified voters of this tate. (2) The certificate of nomination by a political party convention must be signed by the presiding officer and secretary of the convention and by the chairman of the state executive committee of the political party making the nomination. Any nominating petition, to be valid, must contain the signatures as well as the addresses of the petitioners. Such certificates and petitions must be filed with the state board of election commissioners by filing the same in the office of the secretary of state not less than sixty (60) days previous to the day of the election. (3) Each certificate of nomination and nominating petition must be accompanied by a list of the names and addresses of persons, who shall be qualified voters of this state, equal in number to the number of presidential electors to be chosen. Each person so listed shall execute the following statement which shall be attached by the certificate or petition when the same is filed with the state board of election commissioners: "I do hereby consent and do hereby agree to serve as elector for President and Vice President of the United States, if elected to that position, and do hereby agree that, if so elected, I shall cast my ballot as such for --- for President and --- for Vice President of the United States" (inserting in said blank spaces the respective names of the persons named as nominees for said respective offices in the certificate to which this statement is attached). (4) The State board of election commissioners and any other official charged with the preparation of official ballots shall place on such official ballots the words "Presidential electors for (here insert the name of the candidate for President, the f word 'and' and the name of the candidate for Vice President)" in lieu of placing the names of such presidential electors on such official ballots and a vote cast therefor shall be counted and shall be in all respects effective as a vote for each of the presidential electors representing such candidates for president and vice president of the United States. In the case of unpledged electors, the state board of election commissioners and any other official charged with the preparation of official ballots shall place on such official ballots the words, "Unpledged electors of (here insert the name of the political party)" or "Unpledged elector (here insert the name of an individual unpledged elector if placed upon the ballot based upon a petition granted in the manner provided by law stating the individual name of the elector rather than a slate of electors)" (5 23-5-210, Supp.). C. STATUTORY INSTRUCTIONS The electors chosen shall meet a t the seat of government of the State on the first Monday after the second Wednesday in December next following their election, and shall there give their votes for President and Vice President of the United States, and shall make return thereof agreeably to the laws of the United States; and should any elector so chosen fail to attend and give his vote, the other electors attending shall appoint some person or persons to fill the vacancy or vacancies, who shall attend and vote as electors; and such appointment shall be reported to the Secretary of State (§ 23-5-213). MISSOURI Presidential Electors: 11 A. NOMINATION (1)Major parties The State committee of any established political party may call a convention of delegates to be apportioned, chosen, or elected in such manner as it may prescribe for the purpose of nominating presidential electors (Vernon's Annotated Missouri Statutes, 9 115.625). The term "established political party" for the State means a political party which a t either of the last two general elections polled for its candidate for any statewide office more than two percent of the entire vote cast for the office (9 115.013(10),Supp.). Not later than the third Tuesday prior to each presidential election, the State committee of each established political party shall certify in writing to the Secretary of State the names of its nominees for presidential elector. At least one qualified resident of each congressional district shall be named as a nominee for presidential elector by each State committee, and the number of nominees for presidential elector named by each State committee shall equal the number to which the State is entitled ($115.399(2)). (2) New parties Any group of persons desiring to form a new political party throughout the State shall file a petition with the Secretary of State. The petition shall declare the intention to form a new political party, state the names of the proposed party, give the names and addresses of candidates to be nominated for office, and state the office for which each candidate is to be nominated. If presidential electors are to be nominated by petition, a t least one qualified resident of each congressional district shall be named as a nominee for presidential elector. The number of candidates to be nominated shall equal the number of electors to which the State is entitled, and the names of their candidates for President and Vice President shall be printed on each page or a sheet attached to each page of the petition. The names of the candidates for President and Vice President may be added to the party name, but the names of the candidates for President and Vice President shall not be printed on the official ballot without their written consent. Their written consent shall accompany and be deemed part of the petition. If the new party is to be formed for the entire State, the petition shall be signed by the number of registered voters in each of the several congressional districts which is equal to at least one percent of the total number of votes cast in the district for Governor in the last gubernatorial election or by the number of registered voters in each of one half of the several congressional districts which is equal to at least two percent of the total number of votes cast in the district for Governor at the last gubernatorial election (5 115.315). The filing of a valid petition shall constitute the political group a new party for the purpose of placing its name and the names of the candidates which appeared on the petition on the ballot at the next general election or the special election if the petition nominates a candidate to fill a vacancy which is to be filled at a special election. If presidential electors are nominated by the petition, the names of the candidates for elector shall not be placed on the official ballot, but the names of their candidates for President and Vice President shall be placed on the official ballot a t the next presidential election (9 115.317). The Secretary of State shall not accept for filing any petition for the formation of a new party which is submitted before 8 a.m. on the day immediately following the general election next preceding the general election for which the petition is submitted or which is submitted after 5 p.m. on the first Monday in August immediately preceding the general election for which the petition is submitted (5 115.329). (3) Independent candidates Any person desiring to be an independent candidate for any office to be filled by voters throughout the State shall file a p e t i t i o ~with the Secretary of State. The petition shall d e clare the intention to nominate an independent candidate, state the name and address of the independent candidate, and the office for which the candidate is to be nominated. If independent candidates for presidential elector are to be nominated, a number of independent candidates for presidential elector equal to the number of electors to which the State is entitled shall be nominated by one petition, and the names of their candidates for President and Vice President shall be printed on each page or a sheet attached to each page of the petition. At least one qualified resident of each congressional district shall be named as a nominee for presidential elector, and the name and address of each candidate shall be printed on each page or a sheet attached to each page of the petition. The names of the candidates for President and Vice President shall not be printed on the official ballot without their written consent. Their written consent shall accompany and be deemed part of the petition (5 115.321). If an independent candidate is to be nominated for a statewide office, the petition shall be signed by the number of registered voters in each of the congressional districts which is equal to a t least one percent of the total number of votes cast in the district for Governor at the last gubernatorial election or by the number of registered voters in each of one half of the congressional districts which is equal to at least two percent of the total number of votes cast in the district for Governor at the last gubernatorial election. The name of each person who files a valid petition for nomination as an independent candidate shall be placed on the official ballot as an independent candidate for the office at the next general election or the special election if the petition nominates a candidate to fill a vacancy which is to be filled at a special election. If presidential electors are nominated by the petition, the names of the candidates for elector shall not be placed on the official ballot, but the names of their candidates for President and Vice President shall be placed on the official ballot a t the next presidential election (9 115.321). The Secretary of State shall not accept for filing any petition for the nomination of an independent candidate which is submitted before 8 a.m. on the day immediately following the general election next proceding the general election for which the petition is submitted or which is submitted after 5 p.m. on the first Monday in August immediately preceding the general election for which the petition is submitted (3 115.329). B. NAMES ON GENERAL ELECTION BALLOTS In place of the names of candidates for electors of President and Vice President of any political party or group of petitioners there shall be printed the names of candidates of each political party for President and Vice President. A vote for any of such candidates for President and Vice President shall be a vote for the electors of the party by which such candidates were named and whose names have been filed with the Secretary of State (Information received from office of Missouri Secretary of State; see also $5 115.317 and 115.321). C. STATUTORY INSTRUCTIONS Not later than the third Tuesday before each presidential election, the State committee of each established political party shall certify in writing the the Secretary of State the names of its nominees for presidential elector (3 115.399). The electors of President and Vice President shall meet and give their votes on the first Monday after the second Wednesday in December following their appointment (3 U.S.C. $ 7). The electors are notified of their election, and they assemble at the seat of government by 2:00 p.m. of the day specified by 3 U.S.C. 9 7 to perform the duties enjoined upon them by Federal law. If there is a failure to elect, the electors attending a t the time and place shall appoint a suitable person or persons to fill the vacancy or vacancies ($ 128.130). MONTANA Presidential Electors: 4 A. NOMINATION (1)Major parties Every political party that had a candidate for a statewide office who received a total vote that was 5 percent or more of the total votes cast for the successful candidate for Governor a t the last general election shall nominate presidential electors and file certificates of nomination for these candidates with the Secretary of State no later than 45 days before the general election and in the manner and number provided by law (Montana Code Annotated, $9 13-10-601 and 13-25-101). The Secretary of State shall certify to the election administrator the names of the candidates for President and Vice President of the several political parties, which shall be printed on the ballot. The names of candidates for electors of President and Vice President may not be printed upon the ballot (Montana Code Annotated, $13-25-101). (2) Independent or minor party candidates An individual who desires to run for President or Vice President as an independent candidate or as a candidate of a party which did not receive in an election for a statewide office a total vote that was 5 percent or more of the total votes cast for the successful candidate for Governor a t the last general election must file a petition for nomination with the Secretary of State 90 days prior to the date of the general election. The petition must first be submitted, a t least one week before the deadline for filing, to the election administrator in the county where the signer resides for verification and certification. The petition must have the signatures of electors equal to 5 percent or more of the total votes cast for the successful candidate for Governor a t the last general election. The names of the candidates for the required number of presidential electors allowable to Montana shall be certified to the Secretary of State when the petition for nomination is filed (Montana Code Annotated, $13-10-504). B. NAMES O N GENERAL ELECTION BALLOTS The names of candidates for electors or President and Vice President may not be printed on the ballots; only the names of the candidates for President and Vice President should appear on the ballots (Montana Code Annotated, $ 13-25101). C. S T A T W R Y INSTRUCTIONS The electors shall meet in Helena at 2:00 p.m. on the first Monday after the second Wednesday in December following their election. They shall vote by separate ballots for one person for President and one for Vice President. They shall make lists of the persons voted for, indicate the number of votes for each, certify, seal, and transmit the lists as prescribed by United States laws (Montana Code Annotated, $$ 13-25-104 and 13-25-105; information received from office of Montana Secretary of State). NEBRASKA Presidential Electors: 5 A. NOMINATION (1) Major parties The parties nominate electors for President and Vice President, at the postprimary State conventions of their respective parties, which conventions shall be held on a date fixed by the State central committee of the party, but not later than October 1. The names of the candidates for presidential electors shall be certified to the Governor by the officers of such convention (Revised Statutes of Nebraska, $ 32-556). Partisan candidates for the offices of President and Vice President shall be certified to the Governor and the Secretary of State by the national 'nominating convention as provided by law ($32-504). A party's State central committee shall fix the representation in the State convention for the various counties in the State on the basis of the vote cast for the party's candidate for President at the last preceding presidential election, and shall make appropriate announcement of such action at least 30 days prior to holding county conventions ($ 32-554). Each county central committee shall fix the representation in the county conventions for the various precincts of the county on the basis of the vote cast for the party's candidate for President at the last preceding presidential election. Each precinct shall be entitled to at least two dele ates to the county convention. Each county convention sha 1 select delegates to the State convention ($ 32-551). (2) Minor and new parties A party which failed to poll at least 5 percent of the entire vote in the State must use the methods prescribed for a newly formed party in order to get its candidates' names upon the primary ballot ($ 32-521). See also State v. Marsh, 123 Nebraska 423; 243 N.W. 277 (1932). In order to form a new olitical party there shall be presented to the Secretary of tate petitions containing signatures totaling not less than one percent of the total votes cast for the office of Governor at the most recent general election for such office. The signatures of registered electors on such petitions must be so distributed as to include qualified registered electors totaling a t least one percent of the votes cast for Governor in the most recent gubernatorial election in each of at least one-fifth of the counties in the State. The petitions must be filed with the Secretary of State a t least Y g ninety days before any State primary election held under the laws of this State if the new political party desires to have ballot position in the primary election of that year. If the new political party desires to be established and have ballot position for the general election and not in the primary of that year, such petitions must be filed with the Secretary of State on or before August 1 of that year. Prior to the circulation of such petitions to form a new political party, a sample copy of such petitions must be filed with the Secretary of State by the individual, group or association seeking to establish the new party. In addition, the sample petition shall be accompanied by a verified list of the names and addresses of the individual or the members of the group or association sponsoring the petition to form a new political party (§ 32526(1), Supp.). Every circulator of a petition shall be not less than the constitutionally prescribed age of an elector, a resident, and a registered voter of the State of Nebraska and of the county wherein the petitioners reside (§ 32-526 (3), Supp.). Clerical and technical errors in a petition shall be disregarded if the forms prescribed are substantially followed (§ 32526 (41, Supp.). Within ten days after all petitions containing signatures are filed with the Secretary of State, he shall determine the validity and sufficiency of such petitions and signatures. If the petitions to form the new political party are determined to be sufficient and valid, the Secretary of State shall issue a certification establishing the new political party. Copies of such certification shall be issued to the person, group or association forming the new political party. Within twenty days after the certification of establishment of the new political party by the Secretary of State, the person, group or association forming the party or its new officers shall file with the Secretary of State the constitution and by-laws of such party along with a certified list of the names and addresses of the officers of the new political party ($32-526 (51, Supp.). The petitions to form a new political party shall state the name of the party to be formed, but the name of any then existing political party or any word forming any part of the name of any party then existing shall not be adopted (§ 32526 (61, Supp.). A new political party established prior to the primary election of that year shall be entitled to have a separate party ballot at the next primary election held thereafter. Such party and its candidates shall be subject to and governed by the statutes governing existing political parties. Candidates for political office may register as members of the new political party and file for office as candidates under the party label of the new political party in accordance with the filing deadlines as established by law ($ 32-526 (7), Supp.). Any person signing any name other than his own to any petition or knowingly signing his name more than once, or who is not, a t the time of signing or circulating the same, a legal voter and qualified to sign or circulate the same, or any person who shall falsely swear to any si ature upon any such petition, or any officer or person will ully violating any r provision of this section, shall be guilty of a class V misdemeanor ($32-526 (8), Supp.). Candidates for the offices of President and Vice President of newly established political parties or of an independent status may obtain general election ballot position by filing with the Secretary of State an application with the following information: (a) the name or names to be printed on the ballot; (b)the status of the candidacy, whether independent or partisan; (c) the written consent of the designated vice presidential candidate to have his or her name printed on the ballot; (dl a list of names and addresses of the ersons to represent the applicant as presidential elector eanidates and the written consent of these persons to become candidates; and (el a petition signed by qualified voters numbering not less than 2,500. The petitions shall not be circulated until after the date of the primary election in that election year (9 32504 (21, (c), Supp.). (3) Independent candidates Candidates for the offices of President and Vice President of an independent status may obtain general election ballot position by filing with the Secretary of State an application containing the following information: (a) the name or names to be printed on the ballot; (b) the status of the candidacy, whether independent or partisan; (c) the written consent of the designated vice presidential candidate to have his or her name printed on the ballot; (dl a list of names and addresses of the persons to represent the applicant as presidential elector candidates and their written consent to become candidates; and (el a petition signed by qualified voters numbering not less than 2,500. These petitions shall not be circulated until after the date of the primary election in that election year. Voters who voted in the primary of any political party that held a presidential preference primary that year are ineligible to sign the petitions of an independent candidate for President (8 32-504 (21, (c), Supp.). B. NAMES ON GENERAL ELECTION BALLOT At least sixty days prior to any general election a t which candidates for President and Vice President are to be voted upon by the electors of the State, the appropriate officers of the various national political conventions shall certify the names and addresses of such candidates selected by convention to the Secretary of State. The Secretary of S t a b then takes appropriate steps to place the names of the presidential and vice-presidential candidates on the ballot in accordance with provisions of law (§ 32.561). The candidates of political parties nominated a t conventions for presidential elector do not appear on the ballot. In their places appear the names of candidates for President and Vice President ouped together in the space entitled "Presidential l'icket."~here is no write-in voting for F'resident (presidential electors) (9 32-428). The canvass of the votes for candidates for President and Vice President and the return thereof is a canvass and return of the votes cast for presidential electors of the same party or group of petitioners respectively and certificates of election are issued to the electors (§§ 32-4, 101; 32-4, 104). C. STATUTORY INSTRUCTIONS The electors are issued a certificate of appointment by the Governor directing them to be at the State capitol a t noon on the first Monday after the second Wednesday in December and report to the Governor as being in attendance. The electors convene at 2 p.m. on such Monday a t the executive office in the capitol and proceed to fill any vacancy in the office of elector. The college of electors proceeds with the election of a President and Vice President and certifies their votes in conformity with the Constitution and laws of the United States (# 32-546 to 32-549). NEVADA Presidential Electors: 4 A. NOMINATION (1) Major parties Candidates for presidential electors are nominated a t the same party State convention at which delegates to the national convention are selected (Nevada Revised Statutes, 8293.163). Each political party in this State, qualified by law to place upon the general election ballot candidates for the office of President and Vice President of the United States in the year when they are to be elected, shall, at the State convention of the political party held in that year, choose from the qualified electors, who are legally registered members of such olitical party, the number of presidential electors reuire by law and no more, who shall be nominated by the Ielegates at the State convention. Upon the nomination thereof, the chairman and the secretary of the convention shall certify the names and addresses of such nominees to the Secretary of State, who shall record the names in his office as the presidential elector nominees of that political party (9 298.020). (2) Minor and new parties Any organization of registered voters which, at the last general election, polled for its candidates an equivalent of 5 percent of the total vote cast for Representative in Congress, may nominate its candidates in the primary election. To qualify as a political party any organization shall, under a common name or designation, file a petition with the Secretary of State not less than 60 days before any primary election signed by a number of registered voters equal to or more than 5 percent of the entire number of votes cast at the last preceding general election for Representative in Congress, declaring that they represent a political party or principle the name of which is stated in the petition, and that they desire to participate and nominate candidates in the primary election. The names of the voters need not all be on one petition, but each petition must be certified by a t 1 least one of its signers to the effect that the signers are registered voters of the State according to his best infdrmation and belief (3 293.128). (3) Independent candidates A certificate of nomination shall be signed by registered voters within the State, equal in number to at least 5 percent of the total number of ballots cast a t the last preceding general election. It may state the principle, if any, which the candidate represents. The certificate shall be filed with the proper filing officer not earlier than the 2nd Monday in June and not later than 5 p.m. on the last Friday in June. A person may not file as an independent candidate if he, in fact, is proposing to run as the candidate of a political party whose name includes the word "independent" (9 293.200). The statute does not specifically include or exclude the nomination of independent presidential elector candidates. B. NAMES ON GENERAL ELECTION BALLOTS The names of the candidates for elector are not printed on the ballot. In the general election only the names of the candidates of the respective parties for President and Vice President are printed on the ballot, but the presidential elector nominees of the political party whose candidates for President and Vice President receive the highest number of votes shall be deemed the elected presidential electors and there after they shall perform the duties of presidential electors required by law and the Constitution of the United States (5 298.020). C. STATUTORY INSTRUCTIONS The presidential electors so chosen shall convene at the seat of government on the 1st Monday after the second Wednesday in December next after their election, at 2:00 p.m., or on such other date the Congress of the United States may by law hereafter provide (3 298.030). The presidential electors, when convened, shall vote by ballot for one person for President and one person for Vice President, one of whom, at least, shall not be an inhabitant of the State. The presidential electors shall vote only for the nominees for President and Vice President of the party that prevailed in the State in the preceding general election (8 298.050). NEW HAMPSHIRE Presidential Electors: 4 A. NOMINATION (1)Major parties Not earlier than the third Tuesday of September following any primary and not later than the first Tuesday of October, upon the call of the chairman of the State committee of the party, the nominees of each party for the offices of Governor, councilors, State senators, county officers, representatives, and State delegates elected shall meet in State convc-1t;on for the purpose of nominating presidential electors nominated by the convention shall be certified to the Secretary of State by the chairman and the clerk of the convention. Upon receipt of the foregoing certifications, the Secretary of State shall publish in some paper of general circulation the names of the persons found by him to have been chosen as candidates for presidential electors by the several parties (New Hampshire Revised Statutes Annotated, $ 667:21). (2) Minor and new parties As an alternative to nomination by party primary, a candidate may have his name placed on the ballot by submitting the requisite number of nomination papers. This alternative would appear to apply to political organizations which a t the preceding State general election received less than 3 percent of the total number of votes cast for the office of Governor ($9 652:ll and 655:40). For candidates for President and Vice President 3,000 names of legal voters are required, and 1,500 signatures from each congressional district are required in obtaining the requisite 3,000 (9 655:42). The nomination papers are to be filed with the Secretary of State no later than 5:00 p.m. on the day of the primary (9 65543 I) (Sept. 11. 1984). independent candidates have to submit nomination papers as an alternative to nomination by party primary. The nomination papers must contain 3,000 names, of which 1,500 must be from each congressional district. The nomination papers are to be filed with the Secretary of State no later than 500 p.m. of the primary (9 655:40-9 65543) (Sept. 11, 1984). B. NAMES ON GENERAL ELECTION BALLOTS The names and addresses of the presidential electors shall not be printed on the ballot; but, in lieu thereof, the names of a party's candidates for President and Vice President shall be printed under the designation "Electors of President and Vice President of the United States." If a nomination has been made by nomination papers, the words "Nom. Papers" shall be added to the name of the political arty ($ 656:4). In the case of electors of President and Vice resident, one square shall be placed on the ballot opposite the designation "Electors of President and Vice President of the United States" (9 65623). 8 C. STATUTORY INSTRUCTIONS The electors of the President and Vice President shall meet in the State House in Concord on the day fixed by law and by 12:OO o'clock a t midday shall give notice to the Governor and council of the number of electors present who accept the office (5 66097). The electors shall give their votes for President and Vice President on said day and shall proceed according to law (9 660:29). NEW JERSEY Presidential Electors: 16 A. NOMINATION (1)Major parties In presidential years the State committee of a political party shall meet a t the call of its chairman, within 1 week following the closing of the party's national convention, for the purpose of nominatin candidates for electors of President and Vice President. &e State committee shall certify such nomination in a written or printed certificate of nomination (New Jersey Statutes Annotated, 19:13-15). (2) Minor and new parties A political party which fails to poll at any primary election a t least 10 percent of the votes cast in the State for members of the general assembly a t the next preceding general election shall not be entitled to have a party column on the official ballot at the ensuing election for which the primary election was held. In such a case the names of the candidates so nominated at the primary election shall be printed in the column designated "nomination by petition", followed by the designation of the political party of which the candidates are members (5 19:5-1). Nomination petitions shall be signed by qualified voters of the State, equal in number to 2 percent of the entire vote cast for members of the general assembly at the last preceding general election, except that no more than 800 signatures are required for officers to be elected by the State at large (5 19:13-5). Petitions nominating electors of President and Vice President may contain the names of candidates for President and Vice President for whom such electors are to vote ($19:13-4). (3) Acceptance A candidate nominated by petition shall sign a written acceptance thereof under oath, which shall be attached to the nomination petition (5 19:13-8). (4) Oath of allegiance Attached to the nomination papers shall also be the oath of allegiance, stating that the candidate does not believe in the use of force or other unlawful or unconstitutional means to overthrow or make any change in the government established in the United States or in the State (5 19:13-8). Nominating txtitions with attachments should be filed with the ~ecreia;~ of State a t least 40 days before the primary (5 19:13-9). B. NAMES ON GENERAL ELECTION BALLOTS When presidential electors are to be elected, their names shall not be printed upon the ballot, either paper or voting machine, but in lieu thereof, the names of the candidates of their respective parties or political bodies for President and Vice President of the United States shall be printed together in pairs under the title "Presidential Electors for." All ballots marked for the candidates for President and Vice President of a party or political body shall be counted as votes for each candidate for presidential elector of such party or political body (9 19:14-8.1). C. STATUTORY INSTRUCTIONS The electors shall convene at the Statehouse at Trenton on the day appointed by Congress for that purpose and proceed, after choosing their officers, to perform the duties required of them by the Constitution and laws of the United States ($5 19:36-1 to 36-3). NEW MEXICO Presidential Electors: 5 A. NOMINATION (1)Major parties On or before June 1 of each year in which the President and Vice President of the United States are to be elected, the Secretary of State shall send written notice to the State chairman of each qualified political party in New Mexico setting forth the method and requirements for nominating and electing presidential electors a t the general election (New Mexico Statutes Annotated, 9 1-15-1). Presidential electors shall not be nominated at the primary election (§ 1-15-2). Any qualified political party in New Mexico desiring to have candidates for President and Vice President on the general election ballot in a presidential election year shall, at a State party convention held in the year of the election, choose from the voters of the party the number of presidential electors required by law and no more. The presidential electors shall be nominated by the State convention according to the rules of that party on file with the Secretary of State. Upon the nomination of presidential electors, the chairman and secretary of the convention shall certify the names and addresses of the nominees not less than fifty-six days before the election to the Secretary of State ($1-15-3). (2) Minor parties and new parties To qualify as a political party in New Mexico, each political party through its governing body shall adopt rules and regulations providing for the organization and government of that party and shall file the rules and regulations with the Secretary of State. Such rules and regulations shall be adopted uniformly throughout the State by the county organizations of that party and shall be filed with the county clerks. Each county political party organization may adopt such supplementary rules and regulations insofar as they do not conflict with the uniform State rules and regulations or do not abridge the lawful political rights of any person. Such supplementary rules shall be filed with the county clerk and the Secretary of State in the same manner as other rules are filed. Beginning with the general election in 1976, if two successive general elections are held without at least one candidate from the qualified political party on the ballot, the party will no longer be considered "qualified" for purposes of the election code. After giving notice by registered mail to the State chairman of the party at his last known address, the Secretary of State shall remove all material dealing with the political party from his file of parties qualified in New Mexico. The Secretary of State shall then notify all county clerks of the removal and nonqualification of the political party. The county clerk is then authorized to remove such rules and regulations from the county files. The county clerk shall immediately notify by mail all voters registered as members of such party of the removal and nonqualification of the party. To requalify, the party must again comply with the provi- sions of the election code dealing with filing requirements for political parties (8 1-7-2). The Secretary of State and the county clerk shall not accept the rules and regulations of any political party for filing unless such rules and regulations provide: (a) a method for nominating candidates for the general election; (b) a method for calling and conducting conventions; (c) a method for selection of delegates to conventions; (d) a method for selection of State central committee members; (el a State chairman and other party officers, and all other members of governing bodies of the party; (fl a method for filling vacancies in party offices, committees and other governing bodies; (g) the powers and duties of party officers, committees and other governing bodies; (h) for the structure of the State and county party organizations; (i) that meetings to elect any party officers, including delegates, shall be held a t a public place during the week specified by the State party chairman; (j)that notice of such meetings shall be published by the officers of the county party organization in a newspaper of general circulation a t least 14 days prior to the meeting and the notice shall specify the time, date and place for holding the meeting; and (k) a method for amending the party rules and regulations (Q 1-7-3). Each political party shall file its rules and regulations within thirty days after its organization and a t least seventyone days before any election in which i t is authorized to participate (§ 1-7-4). Upon the nomination of presidential electors, the chairman and secretary of the convention shall certify the names and addresses of the nominees not less than fifty-six days before the election to the Secretary of State. The Secretary of State shall record the nominees' names in his office as the presidential elector nominees of that party (Q 1-15-31. (3) Independent candidates Nomination as an independent candidate shall be made by filing a declaration of independent candidacy and a nominating petition signed by a number of voters equal to a t least 3 percent of the total number of votes cast in each of a t least fifteen counties in the State and not less than 5 percent of the total number of votes cast in the State. The Secretary of State shall prescribe and furnish the form for the declaration of independent candidacy for the offices of President and Vice President ($5 1-8-48 and 1-8-51(B)). Persons fiIing declarations of independent candidacy for President shall also file the names and addresses of the required number of presidential electors who intend to vote for the independent candidate in the Electoral College (9 1-849). B. NAMES ON GENERAL ELECTION BALLOTS The names of the residential elector nominees chosen a t a State convention s all not be placed upon the general election ballot. The Secretary of State shall certify to the various county clerks for inclusion upon the general election ballot the names of the persons nominated by each political party for the offices of President and Vice President. The names of nominees for President and Vice President for each political party shall be printed together in pairs upon the general election ballot. A vote for any such pair of nominees shall be a vote for the electors of the political party by which such nominees were named. "The presidential elector nominees of the part whose nominees for President and Vice President of the d i t e d States receive the highest number of votes a t the general election shall be deemed the elected presidential electors . . ." ($1-15-4). K C. STATUTORY INSTRUCTIONS Presidential electors for the State shall perform the duties of the presidential electors required by law and the Constitution of the United States. Presidential electors of the State shall meet a t 11:OO a.m. in the office of the Secretary of State on the da fixed by the laws of the United States for presidential e ectors to cast their ballots for President and Vice President of the United States. At such meeting the presidential electors shall organize by choosing a presiding officer and a secretary. If the full number of electors required by law are not present at such meeting for any reason, those presidential electors present shall, from a list of names nominated by the State chairman of that party, forthwith choose electors from the voters of the State party. The presidential electors of the State shall meet at noon in the office of the Secretary of State on the da fixed by the laws of the United States for presidential eLctors to cast their ballots for President and Vice President and shall proceed to vote by ballot for President and Vice President of the United States and to certify the results of such election in accordance with Constitution and laws of the United States. The presidential elector chosen as secretary shall keep a journal of the proceedings and deposit the journal in the office of Secretary of State, where it shall be kept on file. All presidential electors shall cast their ballots in the electoral colle e for the candidates of the political party which nominate%them as presidential electors. Any presidential elector who casts his ballot in violation of the provisions is guilty of a fourth degree felony ($$I-15-5 to r 1-15-9). NEW YORK Presidential Electors: 36 A. NOMINATION (1)Major parties Nominations of candidates for the office of elector of President and Vice President of the United States, one for each congressional district and two a t large, shall be made by the State committee (New York Election Law (McKinney's), 9 6102). (2) Minor and new parties A political group which a t the last preceding gubernatorial election did not poll a t least 50,000 votes must make its nominations as a n "independent body" (5 1-104(3), (12)). When a n "independent body" becomes a political party by polling a t least 50,000 votes for Governor, nominations shall, prior to and including the first general election thereafter, be made as provided by the rules of the party. A certificate of the nominations containing information on its candidates and the party, plus a copy of its rules, shall be signed by the presiding officer and the secretary and filed not later than seven weeks preceding the general election in the office of the State board of elections if for an office to be voted for in a district greater than one county ($9 6-128, 6-144). (3) Independent candidates A person may become a candidate of an independent body by filing a petition in the office of the State board of elections (5s 6-138, 6-144). An independent nominating petition for candidates to be voted for by all the voters of the State must be signed by at least 20,000 voters, of whom a t least 100 shall reside in each of one half of the congressional districts of the State (9 6142). A person designated as a candidate for nomination or for party position, or nominated for a n office, otherwise than a t a primary election, may, in a certificate signed and acknowledged by him, decline the designation or nomination. However, if designated or nominated for a public office other than a judicial office by a party of which he is not a duly enrolled member or if designated or nominated for a public office other than a judicial office by more than one party or independent body or by a n independent body alone, the person shall in a certificate signed and acknowledged by him accept the designation or nomination as a candidate of each party or independent body other than that of the party of which he is a n enrolled member; otherwise, the designation or nomination shall be null and void (9 6-146). B. NAMES ON GENERAL ELECTION BALLOTS In voting for presidential electors, a voter may vote a write in ballot made up of the names of persons in nomination by different parties, or partially of names of persons in nomination by one or more parties and partially of names of persons not in nomination, or wholly of names of persons not in nomination by any party (5 8-308). The county board of elections shall publish a t least six days before an election a list containing the name and residence of every candidate for public office, except those for the office of presidential electors and city officers, to be voted for within its jurisdiction. The candidates for the office of presidential electors shall only be described as a specific number of electors, nominated to support the party candidates, namin them, for the office of President and Vice President (9 4-12 ). In the case of bal- 5 ' lots for presidential electors, clerks or inspectors shall enter on their tally sheet in the appropriate places the number of void and the number of wholly blank ballots and shall tally the votes upon the split ballots. When all the votes for presidential electors shall have been canvassed, the tally shall be verified by clerks or inspectors ( 5 9-118). The board of elections shall transmit by mail or cause to be delivered personally to the State board of elections and attorney general each a certified copy of the statement of the canvassing board relating to the offices of electors of President and Vice President (9 9-214). C. STATUTORY INSTRUCTIONS The electors shall convene at the State capitol on the first Monday after the second Wednesday in December next following their election. They shall or anize and then name.in separate ballots the persons voted or as President and Vice President (9$12-104, 12-106). P NORTH CAROLINA Presidential Electors: 13 A. NOMINATIONS (1)Major parties Presidential electors shall be nominated by major parties a t a State convention of each party unless otherwise provided by the plan of organization of the political party. One presidential elector shall be nominated from each congressionsl district and two from the State at large (General Statutes of North Carolina, 163-UcN. (2) Minor and new parties A minor party, or one which had failed to poll for its candidate for Governor or for presidential electors, at least 10 percent of the entire vote cast for such officers at the last preceding general election, would have to reorganize in the same manner as is required to create a new party.(§ 163-96). Any group may form a new party by filing a pet~tionsetting forth its intention tc, org~nizea new statewide party with the State board of elections on or before June 1 preceding the general election, signed by 5,000 voters. Nominees of this group for State, congressional and national offices only for the first general election after its organization must be furnished to the board by July l prior to the general election #163-96; 163-98). Such nominations shall be made a t a nominating convention (§ 163-98). Presidential electors are not to be nominated by primary election but are to be nominated by a State Convention unless otherwise provided by the plan of organization of the political party (§ 163-l(c)), (3) Independent candidates A nominating petition, accompanied by the affidavit of the candidate that he seeks the independent nomination and is not affiliated with any political party, should be filed with the State board of elections on or before the last Saturday in May. Such petition should be signed by qualified voters equal in number to at least 10 percent of those who voted for Governor in the last gubernatorial election in the same polit- ical division (5 163-122). Candidates for presidential electors cannot be nominated by this method. B. NAMES ON GENERAL ELECTION BALLOTS The names of candidates for electors of President and Vice President of any political party shall not be placed on the ballot but shall be filed with the Secretary of State. The names of the candidates for President and Vice President are placed on the ballot. A vote for such candidates, however, shall be counted as a vote for the electors of the party by which such candidates were named ($5 163-140; 163-209). C . STATUTORY INSTRUCTIONS The electors shall meet at the capitol in Raleigh at noon on the first Monday after the second Wednesday in December next after their election and give their votes on behalf of the State for President and Vice President (5 163-210). On or before the date fixed for the meeting of the electors, the Governor shall send by registered mail to the Administrator of General Services, a certificate under the great seal of the State setting forth the names of the persons chosen as presidential electors for this State and the number of votes cast for each. At the same time he shall deliver to the electors six duplicate-originals of the same certificate, each bearing the great seal of the State. At any time prior to receipt of the certificate of the Governor or within forty-eight hours thereafter, any person elected to the office of elector may resign by submitting his resignation, written and duly verified, to the Governor. Failure to so resign shall signify consent to serve and to cast his vote for the candidate of the political party which nominated such elector. In case of the absence, ineligibility or resignation of any elector chosen, or if the proper number of electors shall for any cause be deficient, those present at the required meeting shall forthwith elect from the citizens of the State a sufficient number of persons to fill the deficiency, and the persons chosen shall be deemed qualified electors to vote for President and Vice President of the United States (3 163210). Any presidential elector having previously signified his consent to serve as such, who fails to attend and vote for the candidate of the political party which nominated such elector for President and Vice President of the United States at the time and place indicated above (except in case of sickness or other unavoidable accident) shall forfeit and pay to the State $500, to be recovered by the Attorney General in the Superior Court of Wake County. In addition to such forfeiture, refusal or failure to vote for the candidates of the political party which nominated such elector shall constitute a resignation from the office of elector, his vote shall not be recorded, and the remaining electors shall forthwith fill such vacancy as hereinbefore provided (§ 163-212). NORTH DAKOTA Presidential Electors: 3 A. NOMINATION (1)Major parties State party conventions are to nominate the legal number of candidates for their parties for the offices of presidential electors (North Dakota Century Code, 9 16.1-03-14). The names of the candidates,nominated for presidential electors shall be certified by the chairman and secretary of the convention to the Secretary of State to be placed upon the general election ballot (Ibid.). All nominations made by a convention are to be certified. And the certificate is to be delivered by the secretary or the president of the convention by registered or certified mail to the Secretary of State (§ 16.1-13-17). (2) Minor and new parties A party which cast 5 percent of the total votes cast for Governor a t the last general election may participate in the primary (9 16.1-11-30(3)). Other parties must file with the Secretary of State a petition signed by 7,000 or more electors of the State, on or before the fifty-fifth day prior to a primary election asking that a ballot be provided for such party, naming it and stating the platform principles thereof. Candidates of such party shall be entitled to the same rights and privileges as those of other parties (9 16.1-11-30 (4)). Such parties shall hold conventions a t a time and place designated by the party State committee and nominate presidential electors (3) Independent candidates In order to have his name appear in the "independent nominations" column on the general election ballot, the candidate must file a certificate of nomination by petition with the Secretary of State. The certificate of nomination for an office to be filled by electors of the entire State must contain 1,000 signatures (5 16.1-12-02). The certificate of nomination for presidential electors may contain the names of more than one nominee (9 16.1-12-03). The certificate of nomination is to be filed with the Secretary of State by 4 p.m. on the fiftyfifth day before the general election (§ 16.1-12-041). B. NAMES O N GENERAL ELECTION BALLOTS In presidential election years the ballot provided for in section 16.1-06-05 shall include the designation of the office of president and vice president as the first listing of the continuous listing of the designation of each office to be voted for. The names of presidential electors, presented in one certificate of nomination, shall be arranged in a group enclosed in brackets under the designation of the office of president and vice president. To the right and opposite the center of each group of electors' names shall be printed in bold type the surname of the presidential candidate represented and in line with such surname shall be placed a single square. A mark within such square shall be designated as a vote for all the electors. The appropriate party designation shall appear, in smaller type, under the surname of the presidential candidate represented (9 16.1-06-07.1). C. STATUnntWNSTEiUCTTONS The electors shall meet a t one o'clock p.m. in the Office of the Governor in the State Capitol on the first Monday after the second Wednesday in December next following their election for the purpose of casting their ballots. The Secretary of State shall notify the electors of said meeting. They must fill any vacancy in the office of elector by ballot by a plurality of votes (95 16.1-14-04, 16.1-14-05). OHIO Presidential Electors: 23 A. NOMINATION (1)Major parties and minor parties Candidates for presidential elector are nominated by State conventions a t a time and place determined by the State committees of the respective political parties (Ohio Revised Code, title 25, $ 3513.11). Names of a party's candidates for presidential electors shall be certified by the chairman and secretary of the convention to the Secretary of State within 5 days after the holding of the convention. A political party is defined as any group of voters which, a t the last preceding regular State election, polled for its candidate for Governor in the State or nominees for presidential electors a t least 5 percent of the entire vote cast for such office or which filed with the Secretary of State, subsequent to any election in which it received less than 5 percent of such vote, a petition signed by qualified electors equal in number to a t least 1 percent of the total vote for Governor or nominees for presidential electors a t the last preceding election, declaring their intention of organizing a political party, the name of which shall be stated in the declaration, and of participating in the next succeeding primary election, held in even-numbered years, that occurs more than one hundred twenty days after the date of filing. No such group of electors shall assume a name or designation which is similar, in the opinion of the Secretary of State, to that of a n existing political party as to confuse or mislead the voters a t a n election. When any political party fails to cast 5 percent of the total vote cast a t an election for the office of Governor or President it shall cease to be a political party (5 3517.01). When such petition is filed with the Secretary of State, the new party comes into legal existence on the date of filing (§ 3517.012). New parties are entitled to hold a primary election, held in even-numbered years that would occur more than 120 days after the date of the filing of the petition (Id.). (2) Independent candidates The nominating petition of a n independent candidate for the offices of President and Vice President of the United States shall be signed by a t least five thousand qualified electors, provided that no petition shall be accepted for filing if it purports to contain more than fifteen thousand signatures, and must be accompanied by a slate of presidential electors (8 3513.257). The nominating petition must be filed with the Secretary of State no later than 4:00 p.m. of the seventy-fifth day before the day of the primary election (Id.). B. NAMES ON GENERAL ELECTION BALLOTS The names of candidates for electors of President and Vice President shall not be placed on the ballot. In place of their names there shall be printed on the ballot the names of the candidates for President and Vice President, respectively. A vote for any of such candidates shall be a vote for the electors or the party or petition by which such candidates were named and whose names have been filed with the Secretary of State (9 3505.10). C. STATUTORY INSTRUCTIONS The electors shall meet at the State capitol, organize, and discharge all the duties enjoined upon electors by the Constitution and laws of the United States (5 3505.39). A presidential elector elected a t a general election shall, when discharging the duties enjoined upon him by the Constitution or laws of the United States, cast his electoral vote for the nominees for President and Vice President of the political party which certified him to the Secretary of State as a presidential elector pursuant to law (5 3505.40). OKLAHOMA Presidential Electors: 8 A. NOMINATION (1)Major parties The nominees for presidential elector "of any recognized political party shall be selected a t a statewide convention of said party in a manner to be determined by said party" and must be certified by the state chairman to the secretary of the State election board no fewer than 90 days nor more than 180 days prior to the election (Oklahoma Statutes Annotated, title 26, $ 10-101). A "recognized political partyJ' is defined to include those parties with candidates on the 1974 general election ballot, and "those parties which shall be formed according to law" (26 $ 1-107). A party ceases to be a "recognized party" when its nominee for Governor or nominees for electors for President and Vice President fail to receive a t least ten percent (10%) of the vote cast for said offices (26, 3 1-109). (2) Minor and new parties No distinction is made between major and minor parties. New parties may be formed and secure ballot positions except between July 1 and November 15 of even numbered years. To secure recognition a notice of intent to form a political party must be filed with the secretary of the State election board and within 90 days thereafter petitions filed containing signatures of registered voters equal to 5 percent of the vote cast in last general election, either for governor or for electors for President and Vice President (26, $1-108). (3) Independent candidates Slates of uncommitted electors and electors pledged to independent candidates can qualify for a position on the ballot by filing a petition with the secretary of the State election board by July 15. These petitions must be signed by a number of registered voters equal to 3 percent of the vote cast in the last presidential election. If the State election board determines that the petitions are sufficient, the candidate must certify the names of his running mate and the electors pledged to his candidacy (26, $9 10-101; 10-101.1). B. NAMES ON GENERAL ELECTION BALLOT The names of the electors are bracketed adjacent to the names of the candidates for President and Vice President to whom they are pledged (26, 9 10-105). C. STATUTORY INSTRUCTIONS Electors committed to a candidate or the candidate of a party must take a n oath to cast their ballots for the candidates on whose slate they run (26, $5 10-101.1; 10-102). Violation of the oath is a misdemeanor punishable b a fine of not more than one thousand dollars (26, $ 10-109). Jlectors are to meet a t 10:OO a.m. of the day apointed by Congress in the office of the Governor to perform such duties as required by law, including filling any vacancy in the office of electors (26, $$lo-107; 10-108). OREGON Presidential Electors: 7 A. NOMINATION (1)Major parties Major party is defined as a political party which "polled for its candidates for presidential electors a t the last general election, a t least 20 percent of the entire vote cast for that office" (Oregon Revised Statutes, 5 48.006). Each major political party shall select [manner not specified] a number of candidates for elector of President and Vice President equal to the total number of Senators and Representatives to which this State is entitled in Congress (Oregon Revised Statutes, 3 248.355). The party shall certify the names of the candidates for elector to the Secretary of State a t least 70 days prior to the presidential election ($ 248.355). (2) Minor and new parties A minor party is defined as a party which received for one of its candidates in the last statewide election a number of votes equal to 5 percent of the total vote cast in the electoral district for which the nomination is made for all candidates for Representative in Congress a t the last general election ($ 248.008). Such parties may nominate candidates for presidential electors by filing a certificate of nomination with the Secretary of State signed by the presiding officer and secretary of a nominating convention of the party containing the names, addresses, and offices for which nominated, the name of the party, and in the case of presidential electors the names of the candidates they represent may be added ($ 249.720). Certificates should be filed no later than 7 0 days prior to the election ($249.702). ( 3 )Independent candidates Independent candidates may be nominated by an assembly of electors or by petition. An assembly of electors is an organized body of not less than 1,000 electors of the state for a statewide nomination ($ 249.735-(1)). Notice must be given a t least 10 days prior to the assembly in three newspapers of general circulation and must include the names of a t least 25 sponsors. Signatures must be certified by the appropriate county clerks ($ 249.735(2)-(5)). A certificate of nomination must be filed with the Secretary of State no later than the 70th day prior to the general election ($249.722).The county clerk is to certify the minutes of the assembly, and such certificate of the county clerk is to be filed along with the certificate of nomination ($ 249.735 (5)). A certificate of nomination by petition must be in essentially the same form and accompanied by a petition signed by a number of registered voters, signatures certified by the county clerks, equal in number to 3 ercent of the vote cast in the last presidential election (8 49.740). Certificates of nomination by assembly or petition must be filed not later than the 70th day prior to the election ($ 249.722). l B. NAMES ON GENERAL ELECTION BALLOTS The names of candidates for President and Vice President of the United States are printed in groups together, under their political party designations. Each vote for candidates for President and Vice President shall be counted as one vote for the group of presidential electors supporting the candidates for President and Vice President designated by the voter as his choice ($250.110). C. STATUTORY INSTRUCTIONS Each elector shall at the time of his selection sign a pledge that, if elected, he will vote in the Electoral College for the candidates of his party for President and Vice President ($ 248.355). Such pledges are to be filed with the Secretary of State at least 7 0 days before the presidential election (Ibid.). The duties of electors as defined by statute are: The electors of President and Vice President shall convene a t noon a t the State capitol on the first Monday after the second Wednesday in December following their election. If there is any vacancy in the office of an elector caused by death, refusal to act, neglect to attend or otherwise, the electors present immediately shall fill it by plurality of voice votes. When all the electors have appeared or the vacancies have been filled, the electors shall perform the duties reuired of them by the constitution and laws of the United atates (9 248.370). PENNSYLVANIA Presidential Electors: 25 A. NOMINATION ( 1 ) Major parties The names of each political party for the office of President shall within 30 days after his nomination by the national convention, nominate as many persons to be the candidates of his party for the office of presidential elector as the State is entitled to. Names of such persons shall be certified immediately by the nominee to the Secretary of the Commonwealth. If the candidate for the office of President fails to so nominate. then the ~ a r t v ' snominee for Vice President shall make the nominatibns " ( ~ e n n s ~ l v a n Statutes ia Annotated, title 25, 2878). (2) ino or party or new party or independent candidate This method of nominating candidates is termed "Nomination of candidates by political bodies which do not qualify as political parties." A "political party" is defined as a party or political body, one of whose candidates a t the general election next preceding the primary polled in each of a t least 10 counties of the State not less than 2 percent of the largest entire vote cast in each of said counties for any elected candidate, and polled a total vote in the State equal to a t least 2 percent of the largest entire vote cast in the State for any elected candidate (25, 5 2831(a)). (3) Nomination papers Candidates of political bodies which do not qualify as political parties should file nomination papers with the Secretary of the Commonwealth (25, $3 2911(a); 2913(a)). More than one candidate may be nominated by one nomination paper. Signatures are required of electors equal in number to 2 percent of the largest entire vote cast for any elected candidate in the State in the last preceding general election (25, 5 291(b)(c)).A filing fee of $50 shall be paid to the Secretary of the Commonwealth (25, !j 2875). Nomination papers for "political bodies" may contain nominations for presidential electors and the names of candidates for President and Vice President of such "political bodies" (25, § 2912). Affidavit of each candidate for presidential elector should be attached to nomination papers, stating inter alia he is eligible for office for which he consents to be a candidate, that he will not violate the law concerning corrupt election practices, and that his name has not been presented as a candidate to run in the primary (25, 2911(e)). B. NAMES OF GENERAL ELECTION BALLOTS The names of electors shall not be printed on the ballot, but in lieu thereof, the names of candidates of their respective parties for President and Vice President (25, 9 2963(c)). Write-ins for electors are permitted (25, 5 2963(a)). Votes are counted for electors either as a group or as individuals and certificates of election are issued by the Secretary of the Commonwealth (25, $5 3056, 3063, 3166). C. STATUTORY INSTRUCTIONS The electors shall assemble a t the seat of government of the Commonwealth a t noon on the day which is or may be directed by the Congress of the United States and perform the duties enjoined upon them by the Constitution and laws of the United States (25, $ 3192). Vacancies are filled by voice vote of those electors present (25, Ej 3193). RHODE ISLAND Presidential Electors: 4 A. NOMINATION (1)Major parties Electors are nominated at a State convention of delegates representing a political party (General Laws of Rhode Island, 5 17-12-13). There shall be held not later than October 14 of every even year a State convention for each political party. The nominees of a party for Senator and for Representatives in Congress, for the five general offices, and for membership in the general assembly shall be delegates to the State convention of said party. In presidential election years, such conventions shall select the party nominees for presidential electors and their names shall be placed on the ballot lables for the forthcoming election. Such State convention shall also be for the purpose of adopting a platform for its party and for the transaction of such other business as may properly come before said convention (Ej 17-12-13). (2) Minor and new parties A minor party is one which a t the preceding general election failed to nominate a candidate for Governor or which did nominate such candidates but whose candidates failed to poll at least 5 percent of the entire vote cast in the State for Governor in said election ($ 17-1-2(fl). Candidates of minor parties shall be nominated by the same procedure as for independent candidates. (3) Independent candidates Independent and minor party candidates are required by statute to file a declaration of candidacy with the Secretary of State during the first 10 days in June ($ 17-16-1). Candidates for presidential elector are furnished nomination papers by the Secretary of State ($0 17-16-3, 17-16-4). Nomination papers must be signed by 1,000 voters, each county of the State being represented by at lest 25 signatures with separate signature sheets for each city and town ($5 17-16-8, 17-16-91. Nomination papers must be filed with the Secretary of State no later than 10 days before the primary, which is held on the second Tuesday after the first Monday in September, i.e., September 9, 1980 ($9 17-15-1, 17-16-12). Nomination papers must be submitted to local election boards for certification of signatures a t least 5 days before the filing deadline (917-16-11). The filing deadlines are of dubious constitutionality insofar as they apply to independent presidential candidates and minor party presidential candidates. In McCarthy v. Noel, 420 F. Supp. 799 (D.R.I. 19761, a United States district Court held that section 17-16-11, which then required nominating papers to be filed 30 days before the primary, was an unconstitutional burden on the right of independent candidates and their supporters to access to the ballot. B. NAMES ON THE GENERAL ELECTION BALMT The names of the candidates for President and Vice President appear on the voting machine with a single lever for voting for the slate of electors, but the statute requires that some means be provided for voting for presidential electors individually ($ 17-19-3(d)). Absentee ballots list only the presidential and vice presidential candidates ($ 17-20-17). C. STATUTORY INSTRUCTIONS The electors shall meet in the statehouse in Providence on the first Monday after the second Wednesday in December and proceed to perform the duties required of such electors by the Constitution and the laws of the United States ($174-11). Vacancies are filled by plurality vote of those present (Id.). SOUTH CAROLINA Presidential Electors: 8 A. NOMINATION (1)Major parties Presidential electors a r e nominated by the respective party State committees, composed of one member from each county, elected by the party county conventions, plus the State chairman and State vice chairman who are elected by a party's State convention (Code of Laws of South Carolina, 7-9-90). (2) Minor or new parties Any party may obtain certification as a political party for the purpose of nominating candidates to be voted for in the general election by filing with the State Election Commission a petition or petitions for such certification signed by 10,000 or more registered electors residing in this State, giving the name of the party, which shall be substantially different from the name of any party previously certified ($ 7-9-10). Once a party is certified as set out above, it remains certified and its candidates may be nominated either a t party primary elections or party conventions ($$ 7-9-10; 7-11-10). However, nominations of candidates for presidential electors are made by a party State committee ($7-9-90). (3) Independent candidates Independent candidates qualify by filing a nominating petition with the State election commission not later than 12:OO noon on September 18th, or if that date falls on Sunday, not later than 1200 noon on the following Monday ($7-13-350). A nominating petition shall contain the signatures of 5 percent of the duly qualified electors from the geographical area involved but no candidate shall be required to furnish the signatures of more than 10,000 qualified electors ($ 7-11-70). B. NAMES ON GENERAL ELECTION BALLOTS The names of the candidates for President and Vice President are printed on the ballot. A vote for the names of a political party; candidates for President and Vice President is a vote for the electors of that party, the names of whom are on file with the Secretary of State ($8 17-13-320(c), 17-19-70, Supp.). C. STATUTORY INSTRUCTIONS Those persons, to the number required to be chosen, having the highest number of votes shall be declared and deemed duly appointed electors (5 7-19-70). The presidential electors shall meet a t 11:M a.m. on the first Monday after the second Wednesday in December in the office of the Secretary of State, effect a permanent organization, fill any vacancies by a plurality, cast their ballots for President and Vice President, and make distinct lists for all persons voted for as President, and of all persons voted for as Vice President, and of the number of votes received for each (9 7-19-90). Each candidate for elector shall declare which candidate for President and Vice President he intends to vote for if elected. Any registered elector has the right to institute an action to enforce the requirement of the statute that the elector shall vote as declared and there are criminal sanctions. A State party executive committee may release electors pledged to sup ort the candidate of their party when, in the judgment of t e committee. it would not be in the best interest of the State for the elector to cast his ballot for such a candidate (9 7-19-80). R SOUTHDAKOTA Presidential Electors: 3 A. NOMINATION (1)Major parties Presidential electors are nominated a t State conventions of the respective parties (South Dakota Compiled Laws, 12-521). The time for holding such conventions shall be determined by the State central committee of each party (§ 12-517). Nominations shall be certified to the Secretary of State by officers of the convention, immediately a t the close of the convention (9 12-5-22). Certificates must be filed or mailed by registered mail by the second Tuesday in August a t 5:00 p.m. (9 12-8-6). Delegates to party State conventions may be elected, a p pointed, or both elected and appointed pursuant to party rules. If elected, they are chosen a t the primary election held on the first Tuesday in June, i.e., June 5, 1984. Delegates are apportioned in accordance with party rules. (9g12-2-1; 12-52). Candidates for election as delegates to the State convention from each county must file a nominating petition with the county auditor, signed by 50 registered voters or a number equal to 1 percent of the vote received b the party's candidate for Governor at the last election, whic ever is less. tition should be filed between January 20 and the The first uesday of April (9s 12-6-4; 12-6-7.1). (3) Minor and new parties A new political party may be organized and may partici ate in the primary election by filing with the Secretary of tate a t least 120 days before the date of the primary election a written notice, signed by at least 10 percent of the electors of F g 8 the State as shown by the total vote cast for Governor at the last preceding election. Such notice shall contain: (a) the name of the proposed party, (b) a statement that the subscribers thereto have affiliated one with another for the purpose of forming such party, and (c) that the subscribers to such notice intend to nominate candidates for State offices (5 12-5-1). Thereupon such party shall, under the party name chosen, have all the rights of a political part whose ticket shall have been on the ballot at the prece ing general election (5 12-5-1). A party whose candidate for Governor a t the last preceding general election failed to receive the required 10 percent of the total votes cast in the State for Governor loses its status as a political party and must file a written notice with the Secretary of State signed by at least 10 percent of the electors in the State in the same manner as a new party ($8 121-3(3); 12-5-1). All political parties organized to participate in primary elections under 12-5-1 nominate candidates for presidential elector at their State convention ($5 12-5-2; 12-5-21). Candidates affiliated with a party that does not participate in the primary may qualify for the ballot in the same manner as an independent candidate (5 12-7-11. (3) Independent candidates A person may become an independent candidate by filing a certificate of nomination with the Secretary of State signed by a number of voters equal to 1 percent of the total vote cast in the last gubernatorial election. The certificate must be filed not earlier than May 1 at 8:00 a.m. and not later than 500 p.m. on the first Tuesday in August (5 12-7-1). An independent candidate for President shall file a declaration of candidacy and certification of his selection for vice president with Secretary of State prior to circulation of any nomination petitions (Id.). 1 B. NAMES ON GENERAL ELECTION BALLOTS The names of the electors are listed below the surnames of the candidates for President and Vice President for whom they are pledged. A box precedes the names of the presidential and vice presidential candidates. ($ 12-16-6). C. STATUTORY INSTRUCTIONS Electors shall meet at the seat of government on the day preceding the day fixed by Congress to elect a President and Vice President, and then and there discharge the duties enjoined upon them as such by the Constitution and laws of the United States and this State (99 12-24-1; 12-24-3). TENNESSEE Presidential Electors: 11 A. NOMINATION (1)Major parties For each congressional district there shall be elected one elector who is a resident of the district 'and two electors are elected at large (9 2-15-102). Electors are chosen according to the rules of the political parties. Only statewide political parties appear on the ballot in elections for an office to be voted on by voters of more than one county (9 2-13-101). A "statewide political party" is defined as a party a t least one of whose candidates for an office to be elected by the voters of the entire State in the past four calendar years received a number of votes equal to five percent of the vote cast in the last gubernatorial election (9 2-1-105(28XA)). New political parties formed by petition in the manner described below qualify as "statewide political parties" for one year ($ 2-1105(28)(B)). (2) New parties New parties may qualify by filing a petition signed by registered voters, acknowledging membership, in numbers equal to two and one half percent of the vote cast in the last gubernatorial election. The petition is to be filed with the State coordinator of elections, and the signatures must be certified by the county election commissions (9 2-1-105(28XB)). The first State executive committee of a new political party shall be elected a t a State convention after it becomes a "statewide political party." Their names must be certified to the coordinator of elections a t least 90 days prior to the August election (9 2-13-107). (3) Independent candidates Candidates who are not to be placed on the ballot as nominees of a qualified political party are listed as "independent candidates." Such candidates qualify by filing nominating petitions with the State coordinator of elections no later than twelve noon on the first Thursday in the second calendar month prior to the general election, i.e., September 6, 1984 ($2-5-101). Such petition must be signed by the candidate and twenty five (25) electors qualified to vote for the office (9 2-5-101(b)). B. NAMES ON GENERAL ELECTION BALLOT Names of presidential electors are grouped according to parties "and preceded by the words, 'Electors for (giving the name) candidate for President and for (giving the name) candidate for Vice President' so that the voter can vote for the entire group of electors chosen by any political party by making a cross mark (XI or operating a single lever on a voting machine" (9 2-5-2081. C. STATUTORY INSTRUCTIONS The electors are to meet at the seat of government of the State at the time prescribed by the laws of the United States. If any elector fails to appear before 9:00 a.m. on the appointed day, those electors present fill the vacancy. If the candidates of the party which nominated the electors are alive, they shall cast their ballots for them. If either the presidential candidate or both the presidential and vice presidential candidates are dead, they may vote as they see fit. If the presidential candidate is alive and the vice presidential candidate is dead, the electors shall vote for the presidential candidate of their party but may cast their ballotfor Vice President as they see fit 105). ($8 2-15-101 to 2-15- TEXAS Presidential Electors: 29 A. NOMINATION (1)Major parties Candidates for the office of presidential elector may be nominated by such method as the parties, in their discretion, may prescribe (Vernon's Civil Statutes of Texas, Annotated Election Code, Art. 13.43b). In the past electors have been nominated a t State conventions. Such conventions should be held some time between the second and fourth Tuesdays after the second primary election date. The exact date is to be specified by the State executive committee of each party (Art. 13.55). The names of the candidates of a party for President and Vice President and for presidential electors shall be certified by the chairman and secretary of the State committee no later than the 40th day prior to the general election (Art. 11.04). (2) Minor parties A political party which received more than 2 percent of the vote but less than two hundred thousand votes in the last gubernatorial election may choose to select candidates in a primary or by convention. If the former is utilized for selecting party nominees, the rules governing major party selection of presidential electors would apply. If a convention is used for the nomination of candidates, the State convention would be held on the second Saturday in June, i.e., June 9, 1984 (Art. 13.45 and note following; Art. 13.47). (3) Other minor parties and new parties Parties whose nominee for Governor received less than 2 percent of the total votes cast for Governor in the last preceding general election, or any new party, or any previously existing party which did not have a nominee for Governor in the last preceding general election may nominate candidates by conventions. They must file with the Secretary of State, within 20 days after the date for holding the party's State convention, the lists of participants in precinct conventions held by such parties, signed and certified by the temporary chairman of each respective precinct convention, which lists shall contain numbers of qualified voters attending such precinct convention~in a n aggregate number of a t least one percent of the total votes cast for Governor a t the last preceding general election; or, if the number of qualified voters attending the precinct conventions is less than that number, there must be filed along with the precinct lists a petition requesting that the names of the party's nominees be printed on the general election ballot, signed by a sufficient number of additional qualified voters to make a combined total of a t least one percent of the total votes cast for Governor a t the last general election. The precinct lists and petitions shall be forwarded to the Secretary of the State by the chairman of the State executive committee of each party. The names, addresses and registration certificate numbers of those attend- ing conventions and signing petitions must be included on the precinct lists and petitions (Art. 13.45). Nominations of candidates for the office of presidential elector shall be made a t a State convention of such parties, held on the second Saturday in June of a presidential election year, and which shall be composed of delegates selected in the various counties at county conventions held on the second Saturday in May. The county conventions shall be composed of delegates from the general election precincts of such counties elected therein a t precinct conventions held in such precincts on the first Saturday in May. The State executive committee of each such party shall determine the formula by which the number of delegates to the county, district, and Stae conventions of that party shall be governed (Arts. 11.01a; 13.47). (4) Independent candidates An independent candidate can be placed on the ballot after a written application signed by qualified voters is addressed and delivered to the Secretary of State within 30 days after the second primary as follows: if for a State office to be voted for throughout the State, one percent of the entire vote of the State cast for Governor at the last preceding general election (Art. 13.50). The provision is not explicit as to whether candidates for the office of presidential elector can be nominated by this method. The second primary is held the first Saturday in June (Art. 13.03). B. NAMES ON GENERAL ELECTIONS BALLOTS The tickets of all political parties are printed on a single ballot, with each party having a column. Columns are arranged side by side and separated by a parallel rule. The names of the electors are not printed on the ballot. The names of the candidates for President and Vice President as certified by the chairman and secretary of the political party's State committee are printed on the ballot. The presidential and vice presidential candidates appear at the head of their respective party's ticket, being printed as one race. A vote for the presidential and vice presidential candidates is counted and recorded as a vote for the party's electors nominated a t the State convention (Supp., Arts. 6.05; 11.0211.04). C. STATUTORY INSTRUCTIONS The electors shall convene in the capitol a t Austin on the first Monday after the second Wednesday in December next after their election and vote for President and Vice President. A majority of the electors present may appoint some other person to act as elector in place of an absent or disqualified elector (Art. 11.05). UTAH Presidential Electors: 5 A. NOMINATION (1)Major parties Candidates for presidential electors are nominated by each party at State primary conventions held during the month of June of even-numbered years (Utah Code Annotated, $ 20-43). (2) Minor and new parties Any organization of registered voters whose organization did not participate in the last preceding November election or whose organization polled for any of its candidates in the preceding November election a total vote equivalent to less than two percent of the total vote cast for all representatives in Congress, which under a common name or designation, shall file with the Lieutenant Governor a petition signed by five hundred registered voters. The petition shall declare that signers are or desire to become members of the party or group, the name of which shall be stated, and that they desire to participate in a county organizing convention. The names of the registered voters so petitioning need not all be on one petition, but may be in one or more petitions. The petition shall be filed with the Lieutenant Governor on or before March 15th of the year in which a n election is to be held. The Lieutenant Governor shall determine whether or not the required number of registered voters appears on the petition and shall certify his findings to the filing officer of the group within 30 days of the filing of the petition (g 20-32). County organizing conventions shall be held in participating counties on or before April 1st of the year in which an election is to be held. Due notice of the time and place of the convention shall be given to each petitioner residing in the county, and the petitioners shall be delegates to the convention. Delegates shall elect a county central committee, a chairman and vice chairman of opposite sex, and a secretary. Delegates to the State convention shall also be elected. One delegate shall be elected for a definite number of petitioners in each county, the number of petitioners per delegate to be determined by the group initiating the creation of the new party, but each county shall be entitled to at least one delegate ($20-3-2). A State organizing convention shall be held on or before April 15th of the year in which a n election is to be held. Delegates to this convention, which shall consist of those delegates elected at county conventions together with the officers of the group initiating the new party, shall elect a State central committee, a chairman and vice chairman of opposite sex, and a secretary. The number of members of the central committee to which a county shall be entitled shall be in proportion to the number of petitioners residing in such county, but there shall be a t least two members, a man and a woman, from each county in the State ($ 20-3-2). On or before April 15th of the year in which an election is to be held, the State committee of the new party shall file with the Lieutenant Governor the names of the State and county chairman, vice chairmen and secretaries, together with a certificate stating that the provisions of this section have been complied with. For purposes of the next ensuing election, the party shall then be considered a political party and shall comply with all the other provisions of the laws of Utah regarding political parties. If no national party convention is held, the names of the candidates for the office of President and Vice President of the United States shall be those designated by the State central committee of the new party ($20-3-2). (3) Independent candidates Presidential electors cannot be nominated by petition (Markham v. Bennion, 122 U. 562, 252 P. 2d 539 (1953)). B. NAMES ON GENERAL ELECTION BALLOTS The names of the candidates for President and Vice President shall be used on the ballot in lieu of the names of the presidential electors and a vote for President and Vice President of any political party shall be construed as vote for the presidential electors selected by such political party a t its party convention (3 20-7-5). C. STATUTORY INSTRUCTIONS The electors are required to meet in the office of the Secretary of State at the State capitol a t 12:00 o'clock noon of the first business day next preceeding the day upon which they are required by law to meet and vote for President and Vice President. At this first meeting the electors fill any vacancy in their number. The electors meet again the next day at the office of the Secretary of State. This latter date is fixed by Congress (62 Stat. 672, 3 U.S.C. $ 7) as the first Monday after the second Wednesday in December next following their appointment. Utah law requires electors to meet at noon on the day fixed by Congress. Such electors at this meeting shall proceed to the performance of their duties in conformity with the Constitution and laws of the United States (§$ 20-9-2, 20-9-3). VERMONT Presidential Electors: 3 A. NOMINATION (1)Major parties In presidential election years, presidential electors for major political parties shall be nominated at the party platform convention (Vermont Statutes Annotated, title 17, $ 2721). Electors for all other presidential candidates shall be nominated in the manner independent candidates are nominated (Ibid.1, After adjournment of the platform convention of a major political party, the chairman and secretary of the convention shall promptly execute a sworn statement certifying the names, towns of residence, and correct mailing addresses of the persons nominated by the convention to serve as electors, and shall promptly file the statement with the Secretary of State, along with the written consent of each person to be a nominee for elector (title 17, $2722). (2) Minor parties and new parties Presidential electors for candidates of minor parties and new political parties shall be nominated in the manner independent candidates are nominated (title 17, 3 2721). (3) Independent candidates Candidates for presidential electors may be nominated by filing a consent form and a certificate of nomination with the Secretary of State not later than 5 p.m. on the forty-seventh day before the day of the general election (title 17, $9 2386, 2401). The certificate of nomination shall contain: (1) name, (2) residence, and (3) address of each nominee for the office of elector (title 17, 5 2402). The certificate of nomination shall contain 1,000 signatures of qualified voters (title 17, 5 2402). For presidential and vice presidential candidates, the certificate of nomination shall contain the names of more than one candidate who may be nominated b means of the same certificate of nominations (title 17, 9 2406. B. NAMES ON GENERAL ELECTION BALLOTS The names of the candidates for President and Vice President appear on the bajlot. The names of the electors do not. A vote,for the candidates for President and Vice President are votes for the electors. Should a write-in candidate for President receive the greatest number of votes, that candidate ma name the electors after being notified by the Secretary of tate. Candidates are arranged on the ballot a l ~ h a bedcally according to the surnames Cf the presidential cindidate (title 17, 5 2473). 8 C. STATUTORY INSTRUCTIONS The electors shall meet a t the state house on the first Monday after the second Wednesday in December next following their election, to vote for President and Vice-President of the United States, agreeably to the laws of the United States. If there is a vacancy in the Electoral College on that day, occasioned by death, refusal to act, neglect to attend, failure of a person elected to qualify, or for other cause, the other electors present shall a t once fill such vacancy viva voce and by a plurality of votes. When all the electors appear or a vacancy therein is filled, the electors shall perform the duties required of them by the constitution and laws of the United States. If a vacancy occurs and is filled as aforesaid, the electors shall attach to the certificate of their votes a statement showin how such a vacancy occured and their action thereon. T e electors must vote for the candidates for president and vice-president who received the greatest number of votes a t the general election (title 17, 5 2732). % VIRGINIA Presidential Electors: 12 A. NOMINATION (1)Major parties Political party is defined as a n organization or affiliation of citizens of the Commonwealth which, a t the last preceding statewide general election, polled a t least ten percent of the total vote cast for the office filled in that election by the voters of the Commonwealth at large. Such organization or affiliation of citizens shall also have a State central commit- tee and a duly elected chairman which have continually been in existence and holding office for the six months preceding the filing of a nominee (Code of Virginia, $ 24.1-1). In elections for President and Vice President of the United States, the names of electors selected by the different political parties a t their respective conventions held for that purpose, together with the name of the political party and the names of the candidates for President and Vice President for whom they are expected to vote in the Electoral College, shall be furnished to the State board of elections a t least by noon of the sixtieth day before any election for the electors of President and Vice President by the chairman or secretary of said party ($24.1-158). (2) Minor and new parties Any group of qualified voters of not less than the number equal to onehalf of one percent of the qualified voters in the Commonwealth as of the first day of January of that year and including at least 200 qualified voters from each congressional district, not constituting a political party may have the names of electors selected by them, including one elector residing in each congressional district and two from the Commonwealth at large, printed upon the official ballot to be used in the election of electors for President and Vice President by filing a petition so requesting with the State board of elections not later than noon of the sixtieth day before said election. Said petition, which shall be signed by said voters, contain their residence addresses, the signatures to which shall be witnessed by a qualified voter whose affidavit to that effect is attached to said petition, shall set forth the names of the electors selected by such voters, the party name under which they desire the electors so selected to be listed on the ballot, and the names of the candidates for President and Vice President for whom such electors are expected to vote in the Electoral College. In order to utilize a selected party name on the ballot, such group shall have had a State central committee and a duly designated chairman in existence and holding office for a t least six months prior to filing the petition. Such party name shall not be identical with or substantially similar to the name of any political party presently qualified and then in existence. In the event that a group of qualified voters meets the requirements set forth herein except that they cannot utilize a party name, the electors selected and the candidates for President and Vice President shall be identified as "Independent" (5 24.1-159). (3) Independent candidates Independent candidates nominate electors in the same manner as minor and new parties. (See generally section 24.1-159 of the Code of Virginia.) B. NAMES ON GENERAL ELECTION BALLOTS The names of the candidates for presidential electors from the political parties and from groups of petitioners are printed on the general election ballot along with the names of the party or petitioners' candidates for President and Vice President (5 24.1-160). Voters shall mark the square on the ballot preceding the name of the political party or party name of his choice and the ballots so marked shall be counted as if squares preceding the names of the individual electors nominated or selected by such political parties or the groups or petitioners had been so marked ($ 24.1-161). C. STATUTORY INSTRUCTIONS The electors selected by the State conventions by any political party shall be expected to vote in the Electoral College for the nominees of any national convention to which the said convention elects delegates. The electors named in any petition of qualified voters shall be expected to vote in the electoral college for President and for Vice President for such reasons as may be named in the said petition (fj 24.1-162). WASHINGTON Presidential Electors: 10 A. NOMINATION (1)Major parties Each political party shall have the power to provide for the method of nomination of presidential electors (Washington Revised Code Annotated, $ 29.42.010), except by primary (9 29.18.010). Such candidates are nominated at the State conventions of the respective parties. (2) Minor party, new party, and independent candidates A minor political party is defined as a political organization, not one of whose candidates for statewide office received at least 5 percent of the total vote cast in the last statewide general election ($3 29.01.100; 29.01.090). Candidates of a minor party, new party or independent may secure a place on the ballot by being nominated at a convention of supporters (§$ 29.24.010; 29.24.020). Such conventions are to be held on the last Saturday immediately preceding the first day for filing declarations of candidacy (§$ 29.18.030; 29.24.020). To be valid, a convention must have been called by a notice p u b lished in a newspaper of general circulation published in the county where the convention is to be held at least 10 days before the date of the convention stating the date, hour, and place of the meeting, and it must be attended by a number of registered voters equal to one for each 10,000 votes cast in the last presidential election ($ 29.24.030). A certificate of nomination must be filed with the Secretary of State not later than, the last day for filing declarations of candidacy. The certificate must be in writing; contain the name, address, and office sought by each nominee; a sworn statement of consent to the nomination; be verified under oath by the presiding officer and secretary; be signed by a number of members of the convention at least equal to the number required to validate a convention and give their addresses; and contain proof of the notice of the convention call (9 29.24.040). B. NAMES ON GENERAL ELECTION BALLOTS Names of the candidates for President and Vice President of the political parties and not the names of the electors are printed on the ballot. The votes cast for candidates for President and Vice President of each political party shall be counted for the candidates for presidential electors of such political party (§ 29.71.020). C. STATUTORY INSTRUCTIONS Electors are to meet a t noon on the day fixed by Federal statute a t the seat of government and fill any vacancy by plurality of voice votes and perform the duties required of them by the Constitution and laws of the United States (9 29.71.040). Each political party is to require a pledge from those nominated for presidential elector that they will vote for the nominees of the party. Failure to vote for the nominees of the party subjects a n elector to a $1,000 fine ($9 29.71.020; 29.71.040). WEST VIRGINIA Presidential Electors: 6 i A. NOMINATION (1)Major parties Candidates for presidential electors are nominated a t State conventions of the respective political parties which are to be held during the month of August next preceding the general election a t which presidential electors are to be elected (West Virginia Code, 3-5-21.). Nominations so made shall be certified to the Secretary of State by the chairman and secretary of the convention within 15 days after the close of the convention (§ 3-5-21). The date and place of such conventions shall be designated by the State executive committee of the respective parties. Such committees shall also prescribe the number of delegates thereto, and shall apportion the delegates among the several counties of the State in proportion to the vote cast in the State for the party's candidate for Governor a t the last preceding general election a t which a Governor was elected (5 3-5-21). At least 60 days prior to the date fixed for a paxky's State convention, the chairman of the party's State executive committee shall send to the party's county executive committee in each county a copy of the resolutions fixing the time and place of holding the State convention and prescribing the number of delegates from each county to the convention ($3-5-21). Within 10 days after receipt of the copy of such resolutions, the party executive committee of each county shall meet and, by resolution, shall apportion the delegates to the State convention among the several magisterial districts of the county, on a basis of the vote received in the county by the candidate for Governor a t the last preceding general election a t which a Governor was elected, but in such apportionment of county delegates, each magisterial district shall be entitled to a t least one delegate to such State convention. The party's county executive committee shall call a meeting of the members of the political party in mass convention in the several magisterial districts of the county, which district meetings shall be held a t least 30 days prior to the date fixed for the State convention, and a t which meeting the members of the political party in each magisterial district shall elect the number of delegates to which such district is entitled in the State convention (9 3-5-21). The delegates chosen and certified by and from the several magisterial districts in the State shall make up the State convention (9 3-5-21). (2) Minor parties A party which has polled less than 10 precent of the total vote cast for Governor a t the general election immediately preceding, may nominate candidates for the office of presidential elector by convention. A certificate of nomination, naming the candidates nominated a t the convention, should be filed with the Secretary of State not later than one day preceding the primary ($9 3-5-22; 3-5-24). Primary date in 1984 is June 5 (9 3-5-1). Such minor parties may also nominate their candidates for presidential electors by certificate in the same manner as new parties and independents ($9 35-22; 3-5-23). (3) New parties and independent candidates Groups of citizens having no party organization may nominate candidates for presidential electors by petition. The candidate shall file with the Secretary of State a declaration containing the name of the political party which he proposes to represent its platform and principles, a t least 30 days before the primary. A certificate of nomination, bearing signatures equal to not less than one percent of the entire vote cast a t the last preceding general election in the State for the office sought, but in no event shall the number be less than 25, must be filed with the Secretary of State not later than one day before the primary ($9 3-5-23; 3-5-24). B. NAMES ON GENERAL ELECTION BALLOTS The names of candidates for offices of presidential electors are omitted from the ballot. Names of candidates for offices of President and Vice President are printed on the ballots ($3-6-2). In elections for presidential electors, the names of candidates for electors of any political party or group of petitioners, shall not be placed on the ballot, but shall, after nomination, be filed with the Secretary of State. In place of their names, there shall be printed first on the ballots the names of the candidates for President and Vice President, respectively, of each such party or group of petitioners, and they shall be arranged under the title of the office. Before the names of such candidates for President and Vice President of each party, or group, a single square shall be printed in front of a brace, in which the voter shall place the cross mark for the candidate of his choice for such offices. A vote for any of such candidates shall be a vote for the electors of the party by which such candidates were named, and whose names have been filed with Secretary of State (5 3-6-21. C. STATUTORY INSTRUCTIONS The electors shall meet in the office of the Governor a t the capitol on the day appointed by the Congress of the United States and vote for the President and Vice President in the manner prescribed by the Constitution and laws of the United States (5 3-1-14). WISCONSIN Presidential Electors: 11 A. NOMINATION (1)Major parties Candidates for presidential electors are nominated a t State conventions of the respective political parties held on the first Tuesday in October, i.e., October 2, 1984, One presidential elector shall be nominated by a party from each congressional district and two electors shall be nominated from the State a t large. The names of the nominees shall be certified immediately by the chairman of the State committee of each party to the chairman of the elections board (Wisconsin Statutes Annotated, 9 8.18). The party convention is composed of the party candidates for the State senate and assembly, nominated in the September primary, the holdover State senators and State officers of each party (5 8.18). Every political organization listed as independent and every recognized political party listed on the official ballot a t the last election that received at least one percent of the total votes cast for any statewide office for which they had a candidate shall have a separate primary ballot and a column on the general election ballot. The chairman and secretary of the organization which was "independent" at the last election shall certify to the election board their party name, which shall not duplicate the name of an existing party (5 5.62(1Xb)). (2) Independent and write-in candidates Nominations for presidential electors may be made by filing nomination papers with the election board not later than 5 p.m. on the second Tuesday in July (9 8.20). Such papers shall list one presidential elector from each congressional district and 2 electors from the State at large, and the candidates for President and Vice President for whom they intend to vote if elected. They shall contain signatures of not less than 2,000 nor more than 4,000 qualified voters, plus the party or principle the candidates represent, if any, in 5 words or less. Papers shall not be circulated earlier than June 1 (8 8.20). Each candidate shall file with his nomination papers a declaration that he will qualify for the office, if elected (9 8.20). (Candidates for the offices of President or Vice President of the United States as write-in candidates shall file a list of presidential electors and a declaration that they will qualify for the office, if elected, with the election board no later than 4:30 p.m. on the second Tuesday preceding the day of the general election to choose the President and Vice President of the United States. The list shall contain one presidential elector from each congressional district and two electors from the State a t large and the names of the candidates for President and Vice President for whom they intend to vote, if elected. Each person who is listed as an elector shall file a declaration of acceptance of his or her nomination as an elector stating that he will qualify for the office, if elected. Such declaration shall be filed with the election board no later than 4:30 p.m. on the 2nd Tuesday preceding the day of the general election to choose the President and Vice President of the United States. Compliance with this subsection may be waived by the election board but only if the results of the general election indicate that the write-in candidate for the office of President is eligible to receive the electoral votes of this State except for noncompliance with this subsection. In such event, the write-in candidate and that person's named presidential electors shall have until 4:30 p.m. on the Friday following the general election to comply with the filing requirements of this subsection (9 8.185). If more than one list of presidential electors is filed with the Secretary of State by any write-in candidates for the offices of President and Vice President of the United States, the first list filed shall be considered the valid list, provided that this list meets the additional requirements of this section (9 8.185). B. NAMES ON GENERAL ELECTION BAUOTS Names of the candidates for the office of President and Vice President and not the names of the electors are placed on the ballot. The vote counts as a vote for the electors ($9 5.10, 5.64, 8.25). C. STATUTORY INSTRUCTIONS The electors for President and Vice President shall meet at the state capitol following the presidential election at 12:OO noon the first Monday after the 2nd Wednesday in December. If there is a vacancy in the office of an elector due to death, refusal to act, failure to attend or other cause, the electors present shall immediately proceed to fill by ballot, by a plurality of votes, the electoral college vacancy. When all electors are present, or the vacancies filled, they shall perform their required duties under the constitution and laws of the United States. The presidential electors, when convened, shall vote by ballot for that person for president and that person for vice president who are, respectively, the candidates of the political party which nominated them, the candidates whose names appeared on the nomination papers, or the candidate or candidates who filed their names, except that at least one of the persons for whom the electors vote may not be an inhabitant of this State. A presidential elector is not required to vote for a candidate who is deceased at the time of the meeting (9 7.75). WYOMING Presidential Electors: 3 A. NOMINATION (1) Major parties Electors are nominated by the State convention of a political party nominating candidates for President and Vice President of the United States. Certificates of nomination should be filed within 30 days after the termination of the convention (Wyoming Statutes Annotated, $5 22-19-102, 22-4-118). Party conventions are to be held on the second Saturday in May (May 12, 1984) in even numbered years ($ 22-4-115). (2) Minor parties A party which fails to receive a t least 10 percent of the vote for Representative in Congress is not considered a political party (8 22-1-102(g)). Political groups can nominate candidates by petition in the same manner as independents but may not use the words "democratic" or "republican" or any derivation thereof as part of their name ($22-5-303). (3) Independent candidates Independent candidates may be nominated by petition (9 225-301). Such petitions should be signed by a number of electors equal to 5 percent of the vote cast in the last general election for Representative in Congress ($ 22-5-304). The petitions should be filed with the Secretary of State not more than 90 nor less than 45 days prior to the general election (5 22-5-307). B. NAMES ON GENERAL ELECTION BALLOT The names of the electors need not appear on the ballot. The names of candidates for President and Vice President are paired with a single voting block for each pair ($22-6-120). C. STATUTORY INSTRUCTIONS Electors are to meet at 12:OO noon on the Monday following the second Wednesday in December of presidential election years, and all electors shall vote for the candidates for the office (of President and Vice President of the United States) receiving the highest number of votes in the Wyoming general election ($8 22-19-106; 22-19-108). CANAL ZONE, GUAM, PUERTO RICO, VIRGIN ISLANDS Presidential Electors: 0 The Commonwealth of Puerto Rico, Guam, the Canal Zone, and the Virgin Islands do not participate in the actual election of the President and Vice President. Only the fifty States and the District of Columbia are entitled by the United States Constitution to choose the presidental electors who in turn cast votes for President and Vice President. h d Movement Development Of The E l e c t o r a l College System For Reform I n c r e a t i n g t h e e l e c t o r a l c o l l e g e system, t h e a u t h o r s o f t h e C o n s t i t u t i o n intended t h a t each S t a t e should choose i t s most distinguished citizens as electors. Once t h e e l e c t o r s had been s e l e c t e d , by whatever means t h e S t a t e l e g i s l a t u r e d e s i r e d , i t ,was expected t h a t t h e y would d e l i b e r a t e and v o t e a s i n d i v i d u a l s i n c h o o s i n g the President. With t h e emergence o f s t r o n g p o l i t i c a l p a r t i e s , i t e a r l y developed t h a t e l e c t o r s were chosen t o n p r e s e a t t h e p a r t i e s . Desig- n a t i o n a s a c a n d i d a t e f o r e l e c t o r by t h e p a r t y l e a d e r s h i p was g i v e n a s an honor t o t h o s e who had s e r v e d t h e p a r t y well. independent v o t i n g by e l e c t o r s almost disappeared. From lBDO, I n t h e few c a s e s where e l e c t o r s have not v o t e d f o r t h e i r p a r t y ' s nominee, they have normally g i v e n advance warning t o t h e v o t e r s -- a s did t h e Bull Moose Republicans i n South Dakota i n 1912 and t h e S t a t e s * R i g h t s Democrats i n c e r t a i n Southern S t a t e s i n 1948. I n response t o p r e s s u r e i n f a v o r of p o p u l a r c o n t r o l , t h e p r a c t i c e q u i c k l y developed i n t h e s e v e r a l S t a t e s of choosing e l e c t o r s by popular v o t e . U n t i l 1800, most S t a t e l e g i s l a t u r e s r e t a i n e d t h e f u n c t i o n f o r themselves. but by 1804 t h e m a j o r i t y had provided f o r d i r e c t popular e l e c t i o n . By 1832, d i r e c t e l e c t i o n was t h e r u l e i n a l l S t a t e s except South C a r o l i n a , which made the change a t t h e time of t h e C i v i l War. ( I n t h e newly admitted S t a t e of Colorado i n 1860 and t h e r e c o n s t r u c t e d S l a t e of F l o r i d a i n 1876, e l e c t o r s were a p p o i n t e d by t h e l e g i s l a t u r e ) . S u b j e c t t o c o r t a i n C o n s t j t u t i o n a l l i m i t s , t,he S t a t e s r e t a i n t h e r i g h t t o say who i s a u t h o r i z e d t o v o t e i n t h e s e direct elections. The p r a c t i c e o f g i v i n g a l l t h e e l e c t o r s t o t h e p a r t y which wins t h e most v o t e s i n t h e S t a t e s -- i.e., i s a l s o a product of t h e e a r l y 1 8 0 0 ' s . t h e " g e n e r a l t i c k e t " system A t f i r s t , most "popular e l e c - t i o n " S t a t e s provided t h a t e l e c t o r s should be chosen i n d i s t r i c t s s i m i l a r t o Congressional d i s t r i c t s . Under t h i s system. d i f f e r e n t di s t r i c t s were a b l e t o r e t u r n e l e c t o r s r e p r e s e n t i n g d i f f e r e n t p a r t i e s . Dominant p a r t i e s i n S t a t e l e g i s l a t u r e s soon r e a l i z e d . however, t h a t they c o u l d f u r n i s h more e l e c t o r a l v o t e s f o r t h e i r c a n d i d a t e p r e v e n t m i n o r i t y p a r t i e s from g e t t i n g any v o t e s -- -- and i f the party w i t h t h e most v o t e s i n t h e S t a t e won a l l t h e e l e c t o r s . By 1804, 7 out o f 10 "popular e l e c t i o n " S t a t e s were u s i n g t h e g e n e r a l t i c k e t ; by 1824, 13 o u t o f 18. S i n c e 1836, t h e r e have been felt. e x c e p t i o n s t o t h e g e n e r a l t i c k e t r u l e . l e g i s l a t u r e s , 3bove. See appointment by In 1892, t h e Michigan e l e c t o r s were s e l e c t e d under t h e d i s t r i c t system. The Movement f o r Hefonn From t h e hr.r-n a s t a r t , t h e method of e l e c t i n g t h e P r e s i d e n t h a s s u h l f , r t o f d f . b a t t . and d i s c u s s i o n . l.tbntion, R A t t h e C o n s t i t u t i o n a l Con- fr\\ kcg members, i n c l u d i n g Madison, F r a n k l i n and Gourerneur - Morris, favored d i r e c t popular e l e c t i o n . O t h e r s would have p r e - f e r r e d t o s e e the P r e s i d e n t e l e c t e d by Congress o r bv S t a t e Governors. One of t h e main arguvents f o r t h e e l e c t o r a l c a l l e g e system was t h a t through t h e p r o v i s i o n s f o r a t l e a s t t h r e e e l e c t o r s r e g a r d l e s s of p o p u l a t i o n , i t gave t h e small S t a t e s some p r o t e c t i o n a g a i n s t dominat i o n by l a r g e S t a t e s . I t was f e l t t h a t i f we were t o p r e s e r v e o u r F e d e r a l system of Government, t h i s was an important c o n s i d e r a t i o n and t h i s argument may have gone f a r i n swaying t h e Convention. Another important argument was t h a t i t placed t h e c h o i c e o f t h e P r e s i d e n t i n t h e hands of persons presumably a b l e , a s t h e mass of t h e p e o p l e a t t h a t time were n o t , t o become acquainted p e r s o n a l l y with t h e various P r e s i d e n t i a l candidates. S i n c e January 6 , 1797, when Rep. William L. Smith of South C a r o l i n a o f f e r e d i n Congress t h e f i r s t C o n s t i t u t i o n a l Amendment proposing reform of o u r procedure f o r e l e c t i n g a P r e s i d e n t , . h a r d l y a s e s s i o n of Congress has passed without t h e i n t reduction of one o r more r e s o l u t i o n s of t h i s c h a r a c t e r . I n t h e 57-year p e r i o d be- tween 1889 and 1946, 109 Amendments were proposed; i n t h e p e r i o d from 1947 t o 1966, 179 Amendments were i n t r o d u c e d , and i n t h e p e r i o d 1967-1969, 195 Amendnents were i n t r o d u c e d . I t i s claimed t h a t more Amendments have been proposed concerning t h e P r e s i d e n t i a l e l e c t i o n than concerning any o t h e r s i n g l e p r o v i s i o n of t h e C o n s t i t u t i o n . ( S e e Part V I infra f o r s u c h a m e n d m e n t s i n r e c e n t C o n g r e s s e s . ) . '%linori t y " P r e s i d e n t s The term "minority" P r e s i d e n t has been l o o s e l y used, sometimes c r e a t i n g an erroneous i m p r e s s i o n . A c t u a l l p , we h a v r hnd o n l y t h r e c rni;?orit v P r e s i d e n t s ; t h a t i s , n c a n d i d a t e who was e l e c t e d P r e s i d e n t h a v i n g r e c e i v e d a s r n n l l e r numbrr o f p o p u l a r v o t e s t h a n h i s c l o s e s t o p p o n e n t . Tn 1824. a1 though Andrew J a c k s o n r e c e i v e d more e l e c t o r a l vntes and more pop\rl:ir v o t e s t h a n d i d John Quincy Adarns, t h e e l e c t i o n f e l l i n t o t h e House o f R e p r e s e n t a t i v e s , which g a v e a m a j o r i t y o f i t s IVTCS t o Adms. and Adams was e l e c t e d P r e s i d e n t . I n 1876, a l t h o u g h Samuel J . T i l d e n r e c e i v e d a m a j o r i t y o f more t h a n 250,000 p o p u l a r v o t e s o v e r R u t h e r f o r d B. Hsyes, t h e r e t u r n s from F l o r i rla, l . o ~ t i s i a n a , Oregon, and South C a r o l i n a were c o n t e s t e d . An e l e c t o r a l commission c r e a t e d by C o n g r e s s t o s e t t l e t h e d i s p u t e d e c i d e d t h r c o n t e s t e d r e t u r n s i n f a v o r o f Hayes, and Hayes won t h e e l e c t i o n by one e l e c t o r a l v o t e . I n 1888, a l t h o u g h G r o v e r C l e v e l a n d r e c e i v e d a p o p u l a r ~ ~ l u r a l i toyf about 1 ~ , O O Ov o t e s o v e r Benjamin H a r r i s o n , he o b t a i n e d o n l y 168 e l e c t o r a l v o t e s , and H a r r i s o n with 233 e l e c t o r a l v o t e s , e l e c t ~ dP r e s i d e n t . W e e l e c t e d e l e v e n o t h e r P r e s i d e n t s who f a i l e d t o o b t a i n a m a j o r i t y of t h e p o p u l a r v o t e ; but a l l t h e s e men d i d r e c e i v e a plurality. F o l l o r \ i n g i s a t a b l e showing t h e p e r c e n t a g e o f t h e popu- l a r v o t e w h i r h each r e c e i v e d : O i ~ [ ~ o n tesn Elect rd Van Buren 42.47 10.13 : Buchanan 45.63 : Fremont Lincoln 39.79 : Douglas Garfield 48.32 : Hancotk Cleveland 48.5 : Blaine Cleveland 46.04 : Harrison - Weaver 3.35 48.21 Butler 1.74 Weaver 8.53 43.01 : T.Roosevelt Wilson 49.26 : Huahes 27.42 46.12 Truman 49.51 : Kennedv 49.71 : Nixon 43.42 Derev 45.13 Taft 23.15 Benson 3.16 Thorwnd 2.4 Nixon Unolecbed 49.55 .92 : Hmphrey Wallace 42.72 13.53 7 -. .O1 Breckenridae 19.2 29.40 48.26 Smith .09 Fillmore 21.08 33.27 W i 1son 41.85 - * Cnss Taylor 47.13 12.6 & 1 Phel~s .O1 S t . John 1.5 Bidwe11 2.25 Debbs 5.99 .18 Chafin 1.39 H a n l ~ T.BOoserelt 1.19 .19 Wallace 2.38 Thaoas .29 Beimer .19 Reiaer .08 Otkrs .29 Others .27 Others - 1960 and 1968 f i g u r e s from Congress and t h e Nation, vol. 11, 196568, p. 425. 1%0 percentages t o t a l more than 100 because of doublecounted Alabama votes (both under Kennedy and Unpledged c o l m s ) . IV. -- Arguments I n Favor O f Retaining The r r e s e n t --System 1. The e x i s t i n g system which becrme e f f e c t i v e i n Mrreh with minor amendments, s u c c e s s f u l l y w i t h s t o o d t h e test of a l m o s t two c e n t u r i e s . 2. The e l e c t o r a l c o l l e g e method has produced only t h r e e "minority" P r e s i d e n t s , t h a t i s , c a n d i d a t e s who were e l e c t e d a s P r e s i d e n t even though t h e y r e c e i v e d less p o p u l a r v o t e s than t h e i r p r i n c i p a l opponents (Adams i n 1824, Hayes i n 1876, and H a r r i s o n i n 1888). I n o n l y one o f t h e s e c a s e s (1876) d i d t h e w i n n e r ' s c h i e f c o m p e t i t o r r e c e i v e an a b s o l u t e m a j o r i t y o f t h e p o p u l a r v o t e . In t h e o t h e r two c a s e s , t h e y a r g u e , s i n c e t h e w i n n e r ' s p r i n c i p a l oppon e n t r e c e i v e d o n l y a p l u r a l i t y r a t h e r than a m a j o r i t y of t h e p o p u l a r v o t e , i t c a n n o t be s t a t e d c a t e g o r i c a l l y t h a t he had more p o p u l a r s u p p o r t t h a n t h e winner; f o r , i f a run-off e l e c t i o n had been h e l d between t h e two, a l l o t h e r c a n d i d a t e s excluded, t h e d i s t r i b u t i o n of t h e t h i r d o r o t h e r m i n o r i t y p a r t y v o t e s i n t h e run-off e l e c t i o n might have d e f e a t e d t h e c a n d i d a t e s who had r e c e i v e d t h e p l u r a l i t y of p o p u l a r v o t e s . 3. By weighting t h e composition of t h e e l e c t o r a l c o l l e g e t o g i v e a d e q u a t e r e p r e s e n t a t i o n t o t h e small and s p a r s e l y s e t t l e d S t a t e s , t h e a u t h o r s of t h e C o n s t i t u t i o n helped t o r e c o n c i l e t h e s e S t a t e s t o t h e i d e a of f e d e r a t i o n . I t cannot be doubted, proponents o f t h e p r e s e n t system c l a i m , t h a t a t v a r i o u s times d u r i n g t h e h i s t o r y of o u r n a t i o n , t h i s c o n c e s s i o n has s u b s t a n t i a l l y c o n t r i b u t e d t o t h e s t a b i l i t y of o u r Government: and, even i f t h i s p r o v i s i o n i s not now c o n s i d e r e d a s e s s e n t i a l t o t h e s u r v i v a l of o u r f e d e r a l union. i t must s t i l l be a c o n t r i b u t i n g f a c t o r t o t h e f e e l i n g of e q u a l i t y which smaller s t a t e s have with regard t o t h e l r q e i n d u s t r i a l s t a t e s i n our Union. Moreover, the f a c t t h a t under the p r e s e n t system t h e s e smaller s t a t e s have t h i s d i r e c t r e p r e s e n t a t i o n and v o t e i n t h e e l e c t o r a l college r e s u l t s i n t h e i r obtaining a significant voice i n s e l e e t i a g t h e p a r t i e s ' candidates f ~ P r e s i d e n t because t h e p o l i t i c a l p a r t i e s recognize t h a t i n a c l o s e e l e c t i o n t h e i r e l e c t o r a l v o t e may be crucial. On only trro occasions s i n c e 1789 has t h e e l e c t i o n of 4. t h e President f a l l e n i n t o t h e House of Representatives ( i n 1800 and again i n 18211, and i t was only i n one of t h e s e i n s t a n c e s t h a t t h e e l e c t i o n by t h e House r e s u l t e d i n t h e s e l e c t i o n of a "minority" That was i n 1825 when John Quincy Adam was e l e c t e d President. although he received fewer popular votes than Andrew Jackson. 5. The e x i s t i n g system r e c o n c i l e s the concept of t h e separation of powers, p a r t i c u l a r l y i n respect t o independent and d i f f e r e n t e l e c t o r a l bases f o r t h e President and t h e Congress, t h e "counterbalance" theory. 6. Our country has not been troubled by t h e problem of " s p l i n t e r " p a r t i e s , a s i t u a t i o n which has plagued many European c o u n t r i e s and which might plague us i f t h e e l e c t o r a l c o l l e g e system were a l t e r e d . The e x i s t i n g system d t h i t s requirement of an abso- l u t e majority of e l e c t o r a l votes and t h e g e n e r a l s t a t e - u n i t system which tends t o produce t h e necessary e i e c t i r r a l v o t e m a j o r i t y f o r one o r o t h e r of t h e major p a r t i e s , o p e r a t e s t o f r e e z t o u t s e r i o u s t h i r d parties. 7. The e x i s t i n g system's exaggeration of t h e winner's e l e c t o r a l v o t e h e l p s a s s u r e s t a b i l i t y , i t i s argued, i n g i v i n g t h e appearance of nationwide backing i n a p a r t i c u l a r l y c l o s e and hardfought campaign. I t may h e l p t h e newly e l e c t e d P r e s i d e n t t o win g e n e r a l acceptance. 8. A time-proven system f o r choosing t h e P r e s i d e n t should not be l i g h t l y d i s c a r d e d , p a r t i c u l a r l y when t h e r e i s s o much uncert a i n t y a s t o what i s a b e t t e r method, 3s i s demonstrated by t h e sharp d i f f e r e n c e s of opinion a s t o what method t6 change to,among t h o s e who d e s i r e a change, and when t h e r e a r e doubts a s t o what t h e e f f e c t s of a change would be on t h e campaigns f o r t h e nominations 1/ and e l e c t i o n under any of t h e methods prbposed. - 11 See, " P r e s i d e n t i a l E l e c t i o n b i b ~ d san+ Urban-Ethnic I n t e r e s t s , " -Allan P. S i n d l e r , 27 Law and Contemporary Problems 213, Spring 1962; "Electoral College Refonn," Report of Law Refonn Conanittee, New For The El c t o r g l York Chamber of Comnerce, Yov. 25, 1 3 " C 1 1 q e , A.J .Roseptha!, l e u Leader, %i. pp. 14-18. " D l r e c t ~ P e c t l o n s An I n v l t a t l o n a a1 Chaos, Tkeodore H. White, L i f e , Jan. 30. i970. "IS The Answer Alexander M: BicPeT; Colaentary, Dec. 1968; "A Bad Idea Whose Time has Come, I ~ i n K g ristol and Paul Weaver, N e w Y o r k Times k a ~ d z ~ u c;to$;. , 23, 1969, p. 43. Elected? 5?itib%8, V. Ar~UInent~ Against The Present System Numerous c r i t i c i s m s have been d i r e c t e d a t t h e e x i s t i n g system. Custom and t r a d i t i o n have g r e a t l y a l t e r e d t h e o p e r a t i o n of t h e system a s i t was o r i g i n a l l y c r e a t e d . Some of t h e c r i t i c i s m s a r e d i r e c t e d a t t h e o r i g i n a l system, o t h e r s a t a s p e c t s of i t s development. Many of t h e s p e c i f i c c r i t i c i s m s w i l l be discussed i n t h e fonn of arguments which have been advanced i n f a v o r of sane o t h e r method o f e l e c t i n g a P r e s i d e n t and w i l l be found under t h e d i s c u s s i o n of t h e s e proposa 1s . ( 1 ) [The o f f i c e of p r e s i d e n t i a l e l e c t o r including i t s "independent" n a t u r e and t h e a u t h o r i t y of t h e S t a t e s a t any time t o change t h e method of "appointing" o r s e l e c t i n g t h e e l e c t o r s ( i . e , , - t o manipulate t h e system from e l e c t i o n t o e l e c t i o n ) .] 2/ -t2/h e The question of t h e "independence" of e l e c t o r s and t h e p o m r of S t a t e s t o bind t h m has been before t h e c o u r t s on s e v e r a l occasions. I n Nebraska i t was determined t h a t Republican e l e c t o r s i p s o f a c t o vacated t h e i r p o s i t i o n when they refused t o support t h e Repub92 Neb. 313, 138 N.W. 159 (1912) 1. l i c a n nominee ( S t a t e v. Persons running f o r e l e c t o r who were not pledged t o support a p o l i t i c a l p a r t y ' s nominee were refused i n c l u s i o n on a Utah primary b a l l o t (Markham v . Bennion, 122 Utah 562, 252 P . 2d 539 ( 1 9 5 3 ) ) . A lower New York c o u r t i n d i c a t e d , i n dictum, t h a t an e l e c t o r could be compelled by mandamus t o v o t e i n accordance with h i s pledge (Thomas v. Cohen, 146 Misc. 836, 262 N.Y. Supp. 320 (1933)). Courts i n Alabama and Ohio have i n d i c a t e d t o t h e c o n t r a r y (Opinion of t h e J u s t i c e s , No. 87, 250 Ala. 399, 34 So. 2d 598 (1948); S t a t e v . Htamnel, 150 Ohio S t a t e 127, IK) N.E. 2d 899 (1948)). The United S t a t e s Suonme Court, in & v. B l a i r , 343 U.S; 213 ( l 9 5 l ) , i n d i c a t e d t h a t ~ l a b a a a a could r e q u i r e a pledge of a c a n d i d a t e f o r e l e c t o r a t a primary but l e f t unanswered' t h e question whether such pledges would be e n f o r c e a b l e i f violated. w, A three-judge f e d e r a l d i s t r i c t c o u r t i n M i s s i s s i p p i has s u s t a i n e d t h a t S t a t e ' s a u t h o r i t y t o provide s t a t u t o r i l y f o r unpledged e l e c t o r s on the b a l l o t (Gray v . M i s s i s s i p p i , (D.C. Miss.) 233 F. Supp. 139 (1964) 1 . See a l s o , " S t a t e Power t o Bind P r e s i d e n t i a l E l e c t o r s , " 65 Columbia Law Review 6% ( A p r i l 1%5). ( 2 ) [The so-called u n i t - r u l e o r g e n e r a l - t i c k e t method which c r e d i t s a S t a t e ' s e n t i r e e l e c t o r a l v o t e t o t h e c a n d i d a t e rec e i v i n g t h e most popular votes.] t h e f i r s t major c r i t i c i s m . This i s somewhat t h e obverse of Objections of t h i s n a t u r e a r e premised on t h e argtment t h a t under t h e u n i t - r u l e g r e a t numbers of v o t e r s a r e d i s f r a n c h i s e d whose v o t e s , are i n f a c t , c a s t i n f a v o r of t h e oppasing c a n d i d a t e . It is possible f o r a State's e n t i r e electoral r o t e t o be c a s t f o r a c a n d i d a t e who r e c e i v e s a p l u r a l i t y of only one vote i n t b a t S t a t e . c o n t e n t i o n i s a l s o made t h a t t h e p r e s e n t system p l a c e s e x r g g e r r t e d i a p o r t a n c e on t h e l a r g e and p i v o t a l S t a t e s , with t h e g r c a t blocs of u n i t - r u l e v o t e s , t o t h e e x t e n t t h a t t h e major p a r t i e s rot only c o n c e n t n t e t h e i r campaigning i n such S t a t e s but a l s o usually #elect t h e i r p r e s i d e n t i a l c a n d i d a t e s i r o n t h e s e few most populous areas. I t i n f l a t e s t h e bargaining power of m i n o r i t i e s and p r e s s u r e groups i n t h e l a r g e S t a t e s where t b e popular v o t e may be c l o s e l y d i v i d e d , and a t t h e s n e time discourages beavy v o t e r p a r t i c i p a t i o n i n msafe" o r '*one-party" S t a t e s . A c o r r e l a t i v e argument i s t h a t t h e u n i t - r u l e s y s t e a i n v i t e s f m u d i n t h e l a r g e , c r u c i a l S t a t e s where t h e t o t e i s expected t o be c l o s e and where t h e e f f e c t s of fraud a r e consequently magnified. ( 3 ) [The method of selecting a P r e s i d e n t when no c a n d i - d a t e receives a m a j o r i t y of e l e c t o r a l v o t e s . ] Under t h e e x i s t i n g system t h e :?fin 3 a c h o i c e must be ma& number of e ! e c t o z l s placed i n t h House ~ of R e p r e s e n t a t i v e s where among t h e t h r e e c a n d i d a t e s w i t h t h e g r e a t e s t v o t e s , such c h o i e e t o be decided by a m a j o r i t y of t h e S t a t e s (26) i n t h e House. C r i t i c i s m i n t h i s regard i s d i r e c t e d a t t h e p o s s i b i l i t y t h a t a c a n d i d a t e n o t p r e f e r r e d by a v a s t n m b e r of Americans c o u l d be e l e c t e d P r e s i d e n t . A correlative criticism i s t h a t such a s y s t e n i n v i t e s p o l i t i c a l manipulation.:/ And d e s p i t e t h e f a c t t h a t the twenty-third a m e n d m e n t to the Constitution g r a n t s t o the Distri(.t, of CL;lumbia t h r c . ~e l e c t o r a l votes, the D i s t r i c t would be d i s f r a n c h i s e d if the election is decided by the House of R e p r e s e n t a tives. (U. S. C o n s t . twelfth amendment). On t h e d e f e c t s of t h e p r e s e n t system s e e : C o w i n , Edward S., -31 The P r e s i d e n t : Crlfice and Pourers. H i s t o r y and a n a l y s i s of p r a c t i c e and opinion. 4 t h ed., r e v i s e d , New York, New York U n i v e r s i t y P r e s s , 1957, p. 3 9 f ; Lea, Clarence F . , Modernize o u r P r e s i d e n t i a l E l e c t i o n . Ten s t a t e m e n t s i n s e r t e d i n t h e Record by Rep. Lea, J u n e 30-July 25, 1947. Conaressional Record, J u l y 8, 1947; A3412-3; l.2. Conaress, House of R e p r e s e n t a t i v e s . C o r n i t t e e on t h e J u d i c i a r v , H. Rept. 1011, 8 1 s t Cora., 1 s t S e s s . ; Conaress. Senate. Committee on t h e J u d i c i a r y , S . Rep*. 402, 81st Cong., 1 s t S e s s . ; Lucey, C h a r l e s , E l e c t o r a l C o l l e g e System Thwarts Will of American V o t e r s , Congress i o n a l Record 'da; :y] V. 102, Fpb. 1 , 1956; A1012-1014; Wilmerding, Lucius, The E l e c t o r a l C o l l e g e , hew Brunswick, N. J . , Rutgers Univers i t y P r e s s . 1958, e s p e c i a l l y p p . 71-94, and s e e S e n a t e Subconunittee on C o n s t i t u t ~ o n a lAmendments, Hearings, 8 7 t h Cong., 1 s t S e s s . , "Nomination and E l e c t i o n of P r e s i d e n t and V i c e - p r e s i d e n t and Q u a l i f i c a t i o n s f o r Votlng"; 88th Cong., 1 s t S e s s . , "Nomination and E l e c t i o n of P r e s i d e n t and Vice P r e s i d e n t " , Committee P r i n t , S e n a t e S u b c o m i t t z c c!: : o r t s t ~ t u t l o n a l Amendments, 8 7 t h Cons., 1 s t Sess., "The E l e c t o r a l College", October 10, 1%1; Kefauver, E s t e s , 'The E l e c t o r a l C o l l e g e : Old Reforms Take on a New Look", 27 Law and Contemporary Problems, 188 ( S p r i n g 1962) ; " E l e c t o r a l C o l l e g e Refom", Chamber o f C m e r c e o f t h e United S t a t e s , S e p t . 1%3; Pei r c e , Neal, "The Feople' s P r e s i d e n t " , 1968, pp. 114-134; A m e r i can E n t e r p r i s e I n s t i t u t e , March, 1966, " L e g i s l a t i v e A n a l y s i s : P r o p o s a l s f o r Revi c i o n of t h e E:ectoral C o l l e g e System." -- (4) [The disproportion of votes that i s caused by the Electoral College system. ] The Electoral College system results in a d i s - proportion of votes since all votes do not count equally. One cause of such disproportion is the allocation to each state the minimum of three electoral votes regardless of size. Each state has an electoral vote for each of its Representatives in the House and for each of i t s two Senators, and under Article I, § 2, cl. 3 each state is entitled to at least one Representative. Such distribution of electoral votes has a distorting effect since it is not based on one-person one-vote standards but r a t h e r on the congressional representation from a state, Both the s m a l l states and the large states have advantages under such a system. The two senatorial electoral votes give the s m a l l states an advantage over the l a r g e r s t a t e s in that each of the voters can influence a l a r g e r number of electoral votes. F o r example, the congressional House s e a t in Alaska represents the entire State which has a population after the 1980 census of 401,851; whereas, in California which has a population of 23,667,902 after the 1980 census, forty-five congressional s e a t s represent an average of 525,000 inhabitants. When the two senatorial s e a t s which Alaska and California both have a r e considered, Alaska has one electoral vote for 133, 950 inhabitants, and California has one electoral 4/ vote for every 503, 572 inhabitants. - -41 William R.. Keech, Winner Take -A l l , (New York: Holmes & Meier Publishers, Inc., 1978), p. 28. While the small states have a more favorable ratio of voters to electors, the winner-take-all aspect of the Electoral College system, which allocates all of a s t a t e ' s electoral votes, gives the large states an advantage. Generally all of a s t a t e ' s electoral votes a r e awarded to the presidential and vice presidential candidates who receive a plurality of votes in the state. -5 1 Under such a system, all of the votes for the 10sing presidential and vice presidential candidates a r e for naught, and the votes for the winning presidential and vice presidential candidates a r e given extra weight. The r e a l advantage in a large state is the possibility of being able to influence a large bloc of electoral votes. F o r example, in California a voter can help swing forty-seven electoral votes to certain presidential and vice presidential candidates while a -6 1 voter in Alaska can help swing at most three electoral votes. ( 5 ) [The decennial census problem.] Under the Electoral College system, the assignment of electors to the individual states on the basis of population does not reflect significant population changes which occur between decennial censuses. Often the assignment of electoral votes to the states on the basis of a decennial census occurs a number of years after significant population shifts have occurred. The number of Representatives to which a state is entitled often is not effective until two years after the census. And when a presidential election occurs 1 An exception is the way electoral votes a r e cast in the State of Maine. -5Electors in Maine cast their votes in the following manner: the two electors of each congressional district cast their votes f o r the winning presidential and vice presidential candidates in the districts, and the two at-large electors for the candidates who won statewide. [Maine Rev. Stat, , title 2 1 , § 1184 (1) (41, -6 / -- at p. William R. Keech, Winner Take A l l , 28. in the year in which a decennial census is taken, the election is governed by the apportionment of electoral votes based on a census -7 / that was taken a decade before. (6) [The faithless elector.] The electors a r e f r e e agents and constitutionally remain f r e e to c a s t their ballots for any presidential and vice presidential candidates f o r whom they wish to vote. Some political parties in certain states require candidates for the office of presidential elector to take a pledge t o support the nominees of the parties' national conventions. And the Supreme Court in Ray v. B l a i r -8 1 upheld the right of political parties to require pledges from candidates for the office of elector. Moreover, the Court held that the Twelfth Amendment does not b a r a political party from requiring pledges of candidates for presidential elector, and such a requirement does not 91 violate equal protection o r due process under the Fourteenth Amendment.In one instance in 1968, a Republican elector in North Carolina chose t o cast his vote f o r presidential candidate George Wallace who lost in that State r a t h e r than for the plurality winner who was Richard Nixon. When Congress met to count the votes, objections were made against counting the vote for George Wallace r a t h e r than f o r Richard Nixon, but both the House 10/ and the Senate decided t o count the vote a s cast. - Id., 27.. -7/ -8/ 343 U.S. 214 (1952). Id., 225-227. -91 10/ 115 Cong. R.ec. 9-11, 145-171, 197-246 (1969). (7) [Death of presidential candidate after the November general election and before the meeting of the Electoral College.] The con- stitutional provisions establishing the Electoral College failed to provide procedures for filling a presidential vacancy due to death o r resignation after the November general election and before the meeting of the electors in December. Such a vacancy would be filled by the national committee of a political party. Since the slate of electors chosen in each state and the District of Columbia generally vote for and a r e often required by party pledges to vote for candidates chosen by their own political party, the political party whose candidate won the most electors in the November general election would in all -11I probability be selecting the next president and vice president. 111 See generally Rule 2 8 of the Republican P a r t y and Article 3 3 the C h a r t e r of the Democratic Party. VI. Proposals To Reform The P r e s e n t 2ysLern The proposed Amendments t o t h e C o n s t i t u t i o n of t h e United S t a t e s which would p r o v i d e new methods f o r t h e e l e c t i o n of t h e President f a l l i n t o four general classes: (1) direct election plans, (2) d i s t r i c t p l a n s , ( 3 ) p r o p o r t i o n a l p l a n s , and ( 4 ) t h e automatic e l e c t o r a l v o t e o r "non-elector" p l a n s . Involved a l s o a r e p r o p o s a l s t o change t h e e x i s t i n g system of r o t i e g by S t a t e s i n t h e House of R e p r e s e n t a t i v e s should t h e P r e s i d e n t i a l e l u t i o n be thrown i n t o t h a t body. The d i r e c t e l e c t i o n p l a n would a b o l i s h t h e e l e c t o r a l v o t e a l t o g e t h e r and would p r o v i d e f o r t h e e l e c t i o n o f t h e P r e s i d e n t and t h e Vice P r e s i d e n t by a m a j o r i t y of t h e t o t a l p o p u l a r v o t e i n t h e United S t a t e s . I n t h e e v e n t no c a n d i d a t e r e c e i v e s a m a j o r i t y a run-off e l e c t i o n would be h e l d between t h e two p e r s o n s who r e c e i v e d t h e g r e a t e s t number of p o p u l a r v o t e s f o r the P r e s i d e n c y , or i n some See k n e r i c a n E n t e r p r i s e Assocj a t i o n , Inc. A n a l y s i s of p r o p o s a l s f o r r e v i s i o n o f t h e e l e c t o r a l c o l l e g e system. Washington, 1%6; E l e c t o r a l Reform. Congressional Q u a r t e r l y Almanac, 1954, pp. 448451; Congress and t h e Nation, 1945-1%4, Congressional Q u a r t e r l y , 1965, pp. 1519-1524: Senate J u d i c i s r y C o m m i t t ~ e , 8 7 t h Congress, ; 'ongressional D i g e s t , November, 1961, Commit t e e P r i n r , 2. 1967. "Proposals t o Change t h r Mrthod of E l e c t i n g t h e P r e s i d e n t , P r o and Con": The A s s o c i a t i o n of t h e B a r of t h e C i t y of New York, Report of t h e C o m i t r e e on Fcderiil L r g i s l a t i o n , December 15, 1961, "A Report on thv hlethod of E l e c t i n g t h e P r v s i d e n t and Vice P r e s i d e n t . " u. p r o p o s a l s a c o n t i n g e n t e l e c t i o n would be h e l d by a j o i n t s e s s i o n o f t h e S e n a t e and t h e House o f R e p r e s e n t a t i v e s and v o t i n g m u l d be per capita. The proposal would e l i m i n a t e e l e c t o r s , t h e e l e c t o r a l col1,ege v o t e and t h e u n i t - r u l e , and a s one a l t e r n a t i v e , t h e throwing of the e l e c t i o n i n t o Congress. Some v e r s i o n s would p r o v i d e f o r a nationwide primary f o r P r e s i d e n t i a l and Vice P r e s i d e n t i a l c a n d i d a t e s . The d i s t r i c t p l a n , formerly known a s t h e Mundt-Coudert P l a n , would p r e s e r v e t h e E l e c t o r a l C o l l e g e b u t would e l i m i n a t e t h e p r e s e n t procedure of g i v i n g a S t a t e ' s e n t i r e e l e c t o r a l v o t e t o one candidate. E l e c t o r s would be chosen by hhe v o t e r s , one f o r each d i s t r i c t i n every S t a t e , and i n a d d i t i o n , two f o r e a c h S t a t e a t lcuge. The S t a t e d i s t r i c t s would be compact and c o n t i g u o u s and would g e n e r a l l y c o n t a i n t h e same n m b e r of p e r s o n s a s e q u i - p o p u l a t e d congressional d i s t r i c t s within t h e S t a t e . B e f o r e being e l e c t e d t h e e l e c t o r s would be r e q u i r e d t o pledge t o support t h e i r p a r t y ' s c a n d i d a t e s , which pledge would be b i n d i n g . These e l e c t o r s would v o t e and t h e c a n d i d a t e who r e c e i v e d t h e h i g h e s t number of such e l e c t o r a l v o t e s would be P r e s i d e n t p r o v i d i n g he had a m a j o r i t y . Failing a m a j o r i t y , t h e Senate and t h e House, meeting j o i n t l y , would e l e c t a P r e s i d e n t from t h e t o p t h r e e c a n d i d a t e s . The u r o v o r t i o n a l v l a n , f o r m e r l y r e f e r r e d t o a s t h e LodgeG o s s e t t P l a n , would a b o l i s h t h e E l e c t o r a l C o l l e g e , but would r e t a i n the e l e c t o r a l vote. The e l e c t o r a l v o t e i n each S t a t e would be apportioned among t h e P r e s i d e n t i a l c a n d i d a t e s i n accordance w i t h t h e n m b e r of popular v o t e s they r e c e i v e , so t h a t t h e c a n d i d a t e who r e c e i v e s a p l u r a l i t y of t h e popular v o t e s w i l l not r e c e i v e t h e S t a t e ' s e n t i r e e l e c t o r a l v o t e a s he would under t h e present system. I n c a s e of a t i e between two c a n d i d a t e s , v a r i o u s proposals c o n t a i n - d i f f e r e n t s o l u t i o n s ( s e e discussion, infra). G e n e r a l l ~ , r e c e i p t of 40 percent of t h e e l e c t o r a l v o t e s would be required f o r e l e c t i o n t o t h e Presidency. F a i l i n g r e c e i p t by a c a n d i d a t e of 40 p e r c e n t , t h e Senate and House, meeting j o i n t l y , would e l e c t a P r e s i d e n t from t h e t o p two c a n d i d a t e s . The "automatic" e l e c t o r a l v o t e plan, would a b o l i s h t h e o f f i c e of e l e c t o r but r e t a i n t h e e l e c t o r a l v o t e s of each S t a t e . Under t h e plan t h e e l e c t o r a l v o t e of each S t a t e would be automatic a l l y awarded t o t h e c a n d i d a t e receiving t h e g r e a t e s t n m b e r of votes f o r President in that State. The candidate receiving a majority of e l e c t o r a l v o t e s , country-wide, would be e l e c t e d P r e s i d e n t . I f no c a n d i d a t e received a m a j o r i t y , t h e Senate and t h e House, meeting j o i n t l y , would e l e c t a P r e s i d e n t from t h e t h r e e top candidates. A. Direct Election Plan Aruunents i n Favor of D i r e c t E l e c t i o n P l a n favor t h e d i r e c t election plan 1. - Those who argue a s f o l l o w s : The r e s u l t of a d i r e c t e l e c t i o n would g i v e a more a c c u r a t e p i c t u r e of r e l a t i v e p a r t y s t r e n ~ t hthan do " e l e c t o r a l vote" results. When t h e p a r t y with t h e most popular v o t e s i n a S t a t e wins a l l t h e e l e c t ~ r a lv o t e s f o r t h a t S t a t e , t h e s t r e n g t h of t h e winner ( i n tenns of e l e c t o r a l v o t e s ) tends t o be exaggerated. System c r e a t e s " l a n d s l i d e s . " The Thus i n 1952 Eisenhower, with about 55 percent of t h e t o t a l popular vote, won over 83 percent of t h e Nation's e l e c t o r a l votes. I n 1936 Roosevelt, with 60 percent of t h e popular vote, received 9 8 percent of t h e e l e c t o r a l votes. As a l r e a d y n o t e d , i n eleven i n s t a n c e s s i n c e 1824, i n c l u d i n g t h e 1948 and 1960 e l e c t i o n s , t h e system has given a m a j o r i t y of t h e e l e c t o r a l v o t e s to a candidate with only a p l u r a l i t y of t h e I n 1912 Woodrow Wilson, with only 42 percent of t h e popular vote. popular v o t e , received 84 percent of t h e e l e c t o r a l votes. Direct e l e c t i o n would g i v e a more a c c u r a t e p i c t u r e than "proportionate d i s t r i b u t i o n " of e l e c t o r a l v o t e s e l e c t o r scheme. o r a "district" Because they wol;ld preserve t h e "weighting" i n f a v o r of small s t a t e s ( t h r e e e l e c t o r a l votes r e g a r d l e s s of population) and w u l d continue t o base t h e remaining e l e c t o r a l v o t e s upon t o t a l population, not upon n m b e r s of v o t e r s , both of t h e l a t t e r tw s y s t e a s m u l d ptmi t some d i s t o r t i o n of r e s u l t s . 2. * - d te with t b e ' with f e n r popular voter. l This can happen under t h e p r e s e n t system. Lea, 9 . c i t . ; J u l y 8, 1967: A3412-3: g. 2. Coamittee on t h e J u d i c i a r y . Wechsler, on Herbert. P r e s i d e n t i a l e l e c t i o n and the C o n s t i t u t i o n : A c-nt American Bar Associa t i o n Journal (Chicago), proposed amenhent N a n h 1949, V. 35: 181-4, 270-4.' On t h e advantages of d i r e c t e l e c t i o n , s e e Hlanphrey, Hubert H. Direct popular e l e c t i o n of President and Vice P r e s i d e n t . Conaressional Record [ d a i l y ed.] (Washington), March 9 , 1953: 1793-5. OJ. ;.&t -C11o n Coxwin, ~ r e s s . Senate. a.a; I f t h e winning p s r t y c a r r i e s many S t a t e s by bare p l u r a l i t i e s o r narrow m a j o r i t i e s , while i t s leading opponent a c q u i r e s most of i t s e l e c t o r a l votes by wide margins, t h e candidate with a rniaority of popular votes may win a m a j o r i t y of e l e c t o r a l votes. A candidate receiving a minority of popular v o t e s may a l s o be e l e c t e d when no candidate bas a majority of e l e c t o r a l v o t e s and t h e choice i s mnde by t h e House of Representatives. A s previously mentioned, t h r e e minority P r e s i d e n t s . t h e United S t a t e s has had A "proportionate d i s t r i b u t i o n " o r " d i s t r i c t " plan m u l d reduce t h e p o s s i b i l i t y of a "minority" caadit S t i l l t h e candidate with t h e most popular v o t e s might l o s e i f h i s opponent won most of h i s e l e c t o r a l v o t e s i n small S t a t e s and a r e a s date. where voting was l i g h t o r r e s t r i c t e d . D i r e c t e l e c t i o n would do away with t h e "unit-rule" and prevent c a n d i d a t e s with l e s s than a m a j o r i t y of popular votesfram being e l e c t e d P r e s i d e n t . 3. D i r e c t e l e c t i o n would be simpler f o r t h e v o t e r t o understand than t h e Dresent s v s t m . Some v o t e r s a r e confused by the presence of " e l e c t o r s " i n t h e e l e c t i o n process. I n most S t a t e s , i t i s true, the b a l l o t s jndicate the P r e s i d e n t i a l candidates f o r uham each p a r t y ' s l i s t of e l e c t o r s w i l l vote. M o s t of the S t a t e s and .the D i s t r i c t of Columbia do not name each i n d i v i d u a l e l e c t o r a l c o l l e g e nominee. </ On the d e f e c t s of the present system, see Kallenbach, Joseph E . , P r e s i d e n t i a l Election Refom. Paper i n s e r t e d i n t h e Record by Sen. Henry Cabot Lodge, J r . Congressional Record, A p r i l 13. 1949: Vol. 95. pp. 4448-52; 11. 5. Congress. Senate. Committee on t h e J u d i c i a r y , 9. On the advantages of d i r e c t e l e c t i o n , s e e Humphrey, o ~ . c i t . "Electoral College Reform," Chamber of Conmerce of the United S t a t e s , S e p t . , 1963. a. As the following account i n d i c a t e s , such confusion may have s e r i o u s e f f e c t s on e l e c t i o n r e s u l t s : ... a t a recent e l e c t i o n [1948] i n Ohio approximately 160.000 more votes were c a s t i n the g u b e n a t o r i a l c o n t e s t than i n t h e P r e s i d e n t i a l c o n t e s t . I n t h a t S t a t e , because of l i t i g a t i o n t h a t delayed f i n a l c e r t i f i c a t i o n of t h e P r o g r e s s i v e P a r t y ' s s l a t e of e l e c t o r s on t h e b a l l o t , t h e e l e c t o r s of t h a t p a r t y had t o be l i s t e d i n f u l l on the b a l l o t unaccompanied by t h e names of t h e P r o g r e s s i v e P a r t y ' s candidates f o r P r e s i d e n t and Vice-president. The names comprising t h e Republican and Democratic e l e c t o r a l s l a t e s were omitted under t h e normal P r e s i d e n t i a l s h o r t b a l l o t plan. Only t h e names of t h e i r P r e s i d e n t i a l and ViceP r e s i d e n t i a l candidates appeared. Because s f t h i s p e c u l i a r arrangement a l a r g e n m b e r of v o t e r s c a s t i n v a l i d b a l l o t s i n t h e P r e s i d e n t i a l c o n t e s t by voting f o r T n n a n o r f o r Dewey (i.e., f o r t h e i r undisclosed e l e c t o r a l s l a t e s ) and a l s o f o r some of t h e Progress i v e e l e c t o r s a s w e l l . Such i n v a l i d a t e d choice accounted i n l a r g e measure f o r t h e discrepancy i n t h e P r e s i d e n t i a l and g u b e r n a t o r i a l vote t o t a l s . The i n v a l i d a t e d b a l l o t s may well have a f f e c t e d d i s p o s i t i o n of t h e S t a t e ' s e l e c t o r a l votes, f o r t h e r e was a d i f f e r e n c e of only about 7,000 votes i n t h e Dewey and Truman t o t a l s out of a t o t a l of almost 3,000,000 v o t e s c a s t . 7,/ 3_/ Kallenbach, u. 95 Cong. Wec. 4449 (1949). Any sycrem such a s :ne d i r e c t e l e c t i o n system e l i m i n a t i n g e l e c t o r s a s i n d i v i d u l s would siinplify t h e e l e c t i o n p r o c e s s f o r t h e voter. Both t h e Lodge-Gosset t "proportionate d i s t r i b u t i o n " plan and t h e Norris plan i n 1934 would have r e t a i n e d e l e c t o r a l Votes only a s a counting device. A " d i s t r i c t " plan i n u h i c h i n d i v i d u a l e l e c t o r s were preserved would l e a v e t h e way open f o r confusion (although t h e l a t e s t version would r e q u i r e t h e d i s t r i c t e l e c t o r s t o be bound t o support t h e i r p a r t y ' s nominees). 4. Direct e l e c ~ i o nwould undoubtedlv i n v i a o r a t e t h e two- p a r t v svstem i n s e c t i o n s of t h e countrv where one Dartv ia so fixmlv entrenched t h a t no o t h e r o a r t i e s have any i ~ e n t i v et o trv t o win. Y being I n s t e a d of relatively Republican v o t e r i n c e r t a i n Democratic States useless added t o the n a t i o n a l t o t a l . to the n a t i o n a l p a r t y , they would be The same would be t r u e f o r Dmwcratic v o t e s i n heavily Republican S t a t e s . 5. With d i r e c t e l e c t i o n , p a r t y camvaians might be more evenly d i s t r i b u t e d t h r o w h o u t a l l v a n s of t h e c o u n t y . Under 4/ On t h e d e f e c t s of the present system, see Kallenbach, 9.&. (1949) ; g. 2. Conaress. Senate. Comnittee on t h e J u d i c i a r v , a.g&. ; Wechsler, OJ. G.; Kallenbach, Joseph E. Our e l e c t o r a l c o l l e g e gerrymander. Midwest Journal of P o l i t i c a l Science, V . 4 , Hay 1960: 162- 191. -5' On thc d e f c c t s of the present system, s e e : Ogg and Ray, Introduct ~ o nto American Government. Tenth e d . New York, Appleton CenturyC r o f t s , 1951, pp. 230-2, 24t1-5.3. U. ?. Conaress. House of Revresent a t i v e s . Committee on t h Judiciary. ~ O J g . 2 . Conaress. Senate. Comnittee on the J u d i c i a r v , OJ. &. Wechsler, s.&.; " E l e c t o r a l College Refonn," Chamber o f Cmmerce of t h e United S t a t e s , S e p t . , 1%3 a.; CRS- 134 t h e present. system, campaigns t e n d t o be c o n c e n t r a t e d i n t h e l a r g e " d o u b t f u l , " s o - c a l l e d "pivotal," S t a t e s . T h i s i s nat s u r p r i s i n g i n view of t h e f a c t t h a t a few p o p u l a r v o t e s i n t h e s e S t a t e s may cont r o l enough e l e c t o r a i v o t e s t o swing t h e e l e c t i o n . Thus a s h i f t of 0.5 p e r c e n t of t h e p o p u l a r v o t e s i n Ohio, I l l i n o i s and C a l i f o r n i a i n 1916 would have d e f e a t e d Wilson, and a s h i f t of o n l y 1,200 v o t e s i n New York would have d e f e a t e d Cleveland i n 1884. of 17,000 v o t e s i n I l l i n o i s , 3,500 I n 1948, a s h i f t v o t e s i n Ohio, and 9,000 v o t e s i n C a l i f o r n i a would have t r a n s f e r r e d 78 e l e c t o r a l v o t e s from Mr. Truman t o Mr. Dewey and t h e l a t t e r would have been e l e c t e d d e s p i t e t h e f a c t t h a t h i s opponent had p o l l e d two m i l l i o n more p o p u l a r v o t e s . While t h e p i v o t a l S t a t e s , w i t h t h e i r c i t i e s and o t h e r h i g h l y p o p u l a t e d a r e a s , would s t i l l be a r i c h source of v o t e s i n a d i r e c t e l e c t i o n system, t h e y would n o t be a s overwhelmingly i m p o r t a n t a s they a r e now. 6. D i r e c t e l e c t i o n would g i v e e v e n v o t e , r e g a r d l e s s of where i t was c a s t , e a u a l weight ( i . e . , one voter-one v o t e ) . 6-1 Now a v o t e c o u n t s f o r more i n a "close" S t a t e thail i n a "sure" S t a t e . A few v o t e r s i n t h e p l v o t a l S t a t e s may p o s s e s s t h e power t o e l e c t o r defeat thei r candidate. In a S t a t e where t h e r e s u l t i s more o r -On6/ On t h e advantages of d i r e c t e l e c t i o n , s e e : Humphrey, 9. G. t h e d e f e c t s of t h e p r e s e n t system, s e e : Lea, a.&. , J u l y 8, 1937: A3412-3; J u l y 16, 1 9 4 7 : A3545-7; U. 2. Conqress. H o u s e o f R e p r e s e n t a t i v e s . Committee on t h e J u d i c i a r v , 9. G . ; 5. C o n ~ r e s s . S e n a t e . Comnittee on t h e J u d i c i a r y , 9. &; American B a r A s s o c i a t i o n , Report of t h e Comni s s i o n on E l e c t o r a l C o l l e g e Reform, January, 1967, " E l e c t ~ n gt h e P r e s i d e n t " ; Banzhaf, .John F . , 111, "Ref l e c t i o n s on t h e E l e c t o r a l C o l l e g e , " 1 3 Villanova Law Review, p. 304, Winter, 1968. {. l e s s f o r e o r d a i n e d , t h e p o s s i b i l i t y of a s i m i l a r group of v o t e r s swinging an e l e c t i o n i s almost non-existent. A v o t e may a l s o have g r e a t e r s i g n i f i c a n c e i n a small S t a t e than i n a l a r g e S t a t e . have more e l e c t o r s r e l a t i v e t o populat-ion. t h e e l e c t o r a l vote. Small S t a t e s Fewer v o t e r s may c o n t r o l The philosophy of t h i s approach was r e c e n t l y s t r e n g t h e n e d by t h e United S t a t e s Supreme Court i n Hadley v. J u n i o r Collecre D i s t r i c t . 397 U.S. 50 , Docket No. 37, Feb. 25, 1970, which h e l d t h a t "the g u a r a n t e e of equal v o t i n g s t r e n g t h f o r each v o t e r a p p l i e s i n a l l e l e c t i o n s of governmental o f f i c i a l s . . 7. .." D i r e c t e l e c t i o n would reduce t h e premim now placed - on choosing P r e s i d e n t i a l c a n d i d a t e s fm i a w e "kev" S t a t e s . 7/ Under t h e p r e s e n t system, P r e s i d e n t i a l a s p i r a n t s from t h e " p i v o t a l " S t a t e s have a d i s p r o p o r t i o n a t e chance of r e c e i v i n g t h e nomination. By choosing a c a n d i d a t e from one of t h o s e S t a t e s , a p a r t y may a t t r a c t t h e few v o t e s i t needs t o c a r r y t h e S t a t e . Between 1900 and 1949, 16 o u t of 26 major p r t y candidates (17 i f Theodore Roosevelt i s counted a s a major p a r t y c a n d i d a t e i n 1912) came from New York o r Ohio. u.. On t h e d e f e c t s of the p r e s e n t system, s e e : Kallenbach, 3. ( 1 9 4 9 ) ; Ogg and Ray, 2 . l. 2, C o n ~ r e s s .House of Representat i v e s . Committee on the J u d i c i a r v , 3. Wechsler, s. $&.; U. S. Conaress. Senate. Cormnittee on t h e J u d i c i a r y , 9. &. 7/ - - u., a.; E v e n with d i r e c t e l e c t i o n , i t i s t r u e , p a r t i e s might s t i l l f i n d i t p o l i t i c a l l y advantageous ( i , e . , win more v o t e s ) t o choose c a n d i d a t e s from t h e o l d " p i v o t a l " S t a t e s . Also, t h e Governors of t h o s e S t a t e s would c o n t i n u e t o o f f e r t h e t y p e of p o l i t i c a l and administrative experience e s p e c i a l l y f i t t i n g f o r a P r e s i d e n t i a l candidate. Votes i n a l l S t a t e s being a s s i g n e d e q u a l v a l u e , however, t h e p o s s i b i l i t y t h a t nominees might be d r a m from s m a l l e r S t a t e s would probably be i n c r e a s e d . 8. Direct e l e c t i o n would a i v e t h e v o t e r s a l e u a l v o i c e i n t h e c h o i c e of t h e P r e s i d e n t . n o t m e r e l y an e x p r e s s i o n of preference.- 8-/ I t has long been customary f o r t h e P r e s i d e n t i a l e l e c t o r s i n each S t a t e t o v o t e f o r t h e c a n d i d a t e nominated by t h e i r p a r t y . I f those e l e c t o r s were t o d e c i d e t o t r a n s f e r t h e i r v o t e s t o some o t h e r c a n d i d a t e . however, it. i s d o u b t f u l whether e x i s t i n g law can s t o p them from doing so. Although a nuaaber of S t a t e laws p u r p o r t t o c o n t r o l t h e ' f u n c t i o n i n g of P r e s i d e n t i a l e l e c t o r s , t h e y would probably be h e l d unconstitutional. I t has been s t a t e d t h a t an e l e c t o r "cannot be compelled e i t h e r by S t a t e law o r by n a t i o n a l law t o r e g i s t e r h i s c h o i c e f o r t h e c a n d i d a t e r e g u l a r l y nominated by h i s p a r t y a t i t s 8 / - &., =. x. &. On t h e advantages of d i r e c t e l e c t i o n , s e e : Humphrey, On t h e d e f e c t s of t h e p r e s e n t system, see: Kallenbach, a.; g. 2..Congress. a. On t h e advantages a. Ogg and Ray. O.J J u d i c i a r y , 9. Humphrey, gp. (1949); Senate. Committee on t h e of d i r e c t e l e c t i o n , s e e : n a t i o n a l convention." Attempts t o enforce a g a i n s t the Alabama e l e c t o r s a S t a t e law r e q u i r i n g P r e s i d e n t i a l e l e c t o r s t o v o t e f o r t h e c a n d i d a t e named a t t h e i r n a t i o n a l p a r t y convention were unsucc e s s f u l , both i n t h e Alabama Supreme Court and i n t h e Federal c o u r t s . 3. a/ Because each v o t e m u l d count e a u a l l v . d i r e c t e l u t i o n - p u l d almost c e r t a i n l y encouraae more people t o vote. 11' It has been observed t h a t v o t e r p a r t i c i p a t i o n has tended t o be h i g h e r i n "close" o r "doubtful" S t a t e s , where c a p a i g n i n g i s c o a c e n t r a t e d and t h e power of v o t e s i s k n m t o be high, than i n o t h e r S t a t e s . A "proportionate d i s t r i b u t i o n " plan which divided e l e c t o r a l v o t e s according t o popular s t r e n g t h might s i m i l a r l y provide an incent i v e t o vote. The more popular v o t e s a p a r t y r e c e i v e d , t h e g r e a t e r would be i t s share of t h e e l e c t o r a l vote. As long a s each S t a t e ' s e l e c t o r a l v o t e ms f i x e d by t h e size of i t s Congressional d e l e g a t i o n , however, an a b s o l u t e l i m i t would n u i n on t h e e l e c t o r a l s t r e n g t h which a S t a t e could a t t a i n . Although increased c m p e t i t i o b between p a r t i e s might r e s u l t i n more people voting, no e l e c t o x a l advantage would accrue from a g e n e r a l l y high v o t i n g t u r n o u t . -./ - Kallenbach, I b j d . , p . 4449 (1949). Folsom,et a l . r . A l b r i t t o n , e t a l . (335 U.S. 802. Dec. 6, 1 9 4 8 ) ; / Adcock,et a l . v . A l L r i t t o n , e t a l . (335 U.S. 887, Dec. 6, 1948); a l s o advisory opinion o f t h e Alabama Supreme Court. I n r e Opinion of t h e J u s t i c e s (250 Ala. 399, 34, 50 (2nd) 598 ( 1 9 4 8 ) ) . C i t e d i n Kallenbach, l b i d . (1949). - 11/ On (1949). t h e d e f e c t s of t h e p r e s e n t system, s e e : Kallenbach, s.&. On t h e advantages of d i r e c t e l e c t i o n , see Humphrey, 2. m. 10. With d i r e c t e l e c t i o n . i t would be unnecessarv t o Dre- s e r v e t h e system of r e f e r r i n a a c l o s e e l e c t i o n t o t h e House of Representatives. lid The House of R e p r e s e n t a t i v e s has been c a l l e d upon twice t o e l e c t a P r e s i d e n t , f i r s t i n 1800 and t h e n i n 1824. I n 1800 t h e House e l e c t e d t h e c a n d i d a t e , J e f f e r s o n , who had r e c e i v e d t h e most e l e c t o r a l v o t e s , but t h e p o l i t i c a l r e a c t i o n produced t h e 1 2 t h Amendnent t o p r e v e n t a r e c u r r e n c e of t h e c i r c m s t a n c e s which made i t i m p o s s i b l e f o r the e l e c t o r a l c o l l e g e t o decide t h a t election. IP 1824, a s h a s a l r e a d y been mentioned, i t chose John Quincy Adams over Andrew J a c k s o n , d e s p i t e J a c k s o n ' s p l u r a l i t y of e l e c t o r a l v o t e s . Under t h e e x i s t i n g system i t would be p o s s i b l e f o r a House of R e p r e s e n t a t i v e s , because of i n a b i l i t y t o g i v e a m a j o r i t y t o one c a n d i d a t e , t o f a i l t o e l e c t a P r e s i d e n t by J a n u a r y 2 0 t h , l e a v i n g t h e Vice P r e s i d e n t - e l e c t t o s e r v e i n t h e i n t e r i m , I f Dewey had r e c e i v e d "a very few thousand more v o t e s " i n Ohio and C a l i f o r n i a , i t has been suggested, t h i s might have happened i n 1948. With t h e e l e c t i o n re- f e r r e d t o t h e House, t h e make-up of t h e S t a t e d e l e g a t i o n s i n t h e House a t t h a t time was such t h a t t h e e l e c t i o n might w e l l have been deadlocked--21 f o r Truman, 20 f o r Dewey, 4 f o r Thunnond and 3 S t a t e s i n e f f e c t i v e because t h e i r d e l e g a t i o n s were e v e n l y d i v i d e d between t h e Republicans and t h e Democrats. c&.; 12/ On t h e d e f e c t s of t h e p r e s e n t system, see: Corwin, s. Kallenbach, a. (1949); Lea, a.a,, J u l y 24, 1947; A3874-5; Ogg and Ray, s.a.; g. S. Conaress. House of R e p r e s e n t a t i v e s . Cornnittee -on t h e J u d i c i a r y , 9.&.; _U. 5. Conaress, Senate. Cornm i t t e e on t h e J u d i c i a r y , 9. c&.; Wechsler, s. a. .&t As n o t e d , a " p r u p o ~ t i o n a t e d i s t r i b u t i o n " p l a n of e l e c t o r a l v o t e would a b o l i s h the system of g i v i n g each S t a t e , l a r g e o r s m a l l , one v o t e i n e l e c t i o n s p l a c e d i n tives. - > .s hands o f t h e House of R e p r e s e n t a - I t would a l l o w each indil.;dual R e p r e s e n t a t i v e and S e n a t o r t o c a s t one v o t e . T h i s c o u l d well reduce t h e chances o f a "minority" P r e s i d e n t being e l e c t e d , b u t i t might n o t e l i m i n a t e t h e p o s s i b i l i t y . 11. The r e s u l t s o f a direct e l e c t i o n r o u l d be l i t t l e ~ f f e c t e dby accidehlts and f r a u d s - - f r a u d u l e n t v o t i a a o r f r a v d u l e n t c o u n t i . ~ . 2' Underthe p r e s e n t r t h o d of e l e c t i o n , c l o s e S t a t e r may be r o n o r l o s t by such e x t r a n e o u s c i r c m s t a n c e s a s rainy days o r blizzards. T h i s system i s a l s o h i g h l y s e m s i t i v e t o f r a u d s . It i s u n l i k e l y , however, t h a t t h e r e s u l t s o f any nationwide d i n c t e l e c t i o n would be s o c l o s e t h a t minor a c c i d e n t s o r s m a l l - s c a l e f r a u d s m u l d have a s i g n i f i c a n t e f f e c t on t h e o u t c o r e . 12. With d i r e c t e l e c t i o n t h e r e would be no r i s k o f c a p l i - $ a t i o n s a r i s i n a between t h e time t h e ~ e o p l ec a s t t h e i r v o t e s and t h e day t h e P r e s i d e n t was l e a a l l v elect&. 1 4 / When t h e c h o i c e of t h e P r e s i d e n t i s n o t f i n a l u n t i l a meeting o f t h e e l e c t o r s some weeks a f t e r u/On t h e d e f e c t s of t h e p r e s e n t system, s e e : Jj. 5 . Concrress.'House t h e J u d i c i a r y , a.&.; g. 5. ConJ u d i c i a r y , 9. ; Wechsler, z. of R e p r e s e n t a t i v e s . Coamittee on g r e s s . S e n a t e . Comnittee on t h e a. 14/ OR t h e d e f e c t s of t h e p r e s e n t system, s e e : Coxuin, s.a.; Kallenbath, x.&., p. 4450 ( 1 9 4 9 ) ; Lea, OJ. c&., J u l y 24, 1947: A3874-5; Ogg and Ray, x.G . ;g. 5. Congress. Senate. Coamittee on t h e J u d i c i a r y , O J . &.; Wechsler, OJ. u. t h e ' ' P r e s i d e n t i a l e l e c t i o n , " c o n f u s i o n o r u n c e r t a i n t y may a r i s e because of t h e i n e l i g i b i l i t y ( e . g . , because of holding some F e d e r a l o f f i c e ) nf an e l e c t o r . I f an i n e l i g i b l e e l e c t o r were d i s c o v e r e d t o o l a t e i n a c l o s e e l e c t i o n t o be r e p l a c e d , t h e i n v a l i d a t i o n o f h i s v o t e might a f f e c t t h e r e s u l t of t h e e l x t i o n . (Many S t a t e s , though,provide f o r t h e f i l l i n g of v a c a n c i e s i n t h e S t a t e ' s group of e l e c t o r s by t h e e l e c t o r s themselves 1. F u r t h e r c o n f u s i o n may be caused i f e l e c t o r s f a i l t o f u n c t i o n i n t h e p r o p e r p l a c e on t h e p r o p e r day, which happened w i t h t h e Wisconsin e l e c t o r s , owing t o a b l i z z a r d i n 1857. A s was observed d u r i n g P r e s i d e n t Eisenhower' s p o s t - e l e c t i o n t r i p t o Korea l a t e i n 1952, t h e s i t u a t i o n would be even more complic a t e d i f a " P r e s i d e n t - e l e c t " were t o d i e o r b e k i l l e d between e l e c t i o n day and t h e day t h e e l e c t o r s meet. I f t h i s were t o happen, t h e c h o i c e of a P r e s i d e n t would a p p a r e n t l y f a l l t o t h e i n d i v i d u a l e l e c t o r s , a c t i n g on t h e i r own i n i t i a t i v e , a l t h o u g h both m a j o r p a r t i e s p r o v i d e f o r t h e making of nominations i n such c i r c u n s t a n c e a . 13. D i r e c t e l e c t i o n would v e n n i t t h e e s t a b l i s h m e n t of nationwide s t a n d a r d s f o r v o t i n g i n P r e s i d e n t i a l e l e c t i o n s . election For of t h e n a t i o n a l Chief Executive, i t i s d i f f i c u l t t o j u s t i f y d i f f e r e n t voting standards i n d i f f e r e n t S t a t e s . The p r i v i l e g e o f v o t i n g f o r t h e P r e s i d e n t should be enjoyed e q u a l l y by a l l c i t i z e n s . I t would not be n e c e s s a r y t o e x t e n d n a t i o n a l v o t i n g laws t o c o v e r S t a t e and l o c a l e l e c t i o n s , which c o u l d r a n a i n under t h e c o n t r o l of the States. Current proposals would provide f o r e l e c t i o n of the P r e s i dent and Vice President by q u a l i f i e d voters i n each S t a t e ~Nho s h a l l have the same q u a l i f i c a t i o n s r e q u i s i t e f o r e l e c t o r s of the most nunerous branch of the S t a t e l e g i s l a t u r e , but Congress would be authorized t o a l t e r S t a t e regulations on the manner of holding such an e l e c t i o n . 14. Lirect e l e c t i o n rould n l i t r e t h e maior ~ a r t i e s01 Larina t o make excessive concessioas t o minority Uinorlty UTODS. groups would not k able t o derive mdue bargaining strength f m t h e i r balance-of-power position, frar t h e i r a b i l i t y t o d.g a l l tbe e l e c t o r a l votes of key S t a t e s t o one o r the o t h e r major candidate. 15. Direct e l e c t i o n would not nbcesrarilv lead t o an pndue m u l t i ~ l i c a t i o nof p a r t i e s . la/ The two-party system has geaerrllp been preserved i n the e l e c t i o n of Senators, Members of t h e House of Representatives, and S t a t e Governors, m a g others. A l l these o f f i c i a l s a r e chosen d i r e c t l y by t h e people, with a p l u r a l i t y of tbe votes c a s t required f o r e l e c t i o n . A l l .systems i n which v i c t o r i o a r 151 For arguments that the present system gives undue weight t o m i n o r i t i e s , see: Kallenbach, a.(1949); g. 2. Concrress. House - u.; OJ. a.; *.u. of R e ~ r e s e n t a t i v e s . Connittee an the Judiciary, 2. Wechsler, qe. 2. S. Conaress, Senate. Coanittee on the Judiciary, OJ. c i t . On the advantages of d i r e c t e l e c t i o u , see Hmphrey, 161 On the r e l a t i o n s h i p between the present e l e c t o r a l system and t h e two-party system, see: Kallenbach, s.a. 0 9 4 9 ) ; g. 2. C o n ~ r e s s . 9.c i t . ; House of Representatives. Conmittee on the Judiciary, -U. 3. Conaress. Senate. Coamittee on the Judiciary, &.; - OJ. Wethsler, 3. G t . ; American Bar Association, Report of the Coramission on Electoral College i t e t c . ~ ,v'azuzry, 1967. "Electing the President. " candidates must r e c e i v e more v o t e s than any o t h e r c a n d i d r t e n n l d appear t o discourage t h e development of more than two, o r a t most three, parties. Voters seem t o be r e l u c t a n t t o "waste" t h e i r v o t e s The l a t e s t rer- on c a n d i d a t e s r h o have no chance of k i n g e l e c t e d . oions s f t h e d i r e c t e l e c t i o n plan require n c e i p t of a t l e a s t 40 p n t n t of t h e v o t e s and t h i s should help t o s t i f l e t h e rise of serious third parties. _Argments Aaainst D i r e c t E l e c t i o n Plan - Those who oppose t h e d i r e c t e l e c t i o n plan, argue t o t h e c o n t r a r y a s fol&ows: 1. D i r e c t e l e c t i o n m u l d p e w i t t h e grmrrth of minor p a r t i e s which n u l d be l i k e l y t o have a d i v i s i v e e f f e c t on n a t i o n a l politics.u' i t m l l d s o l o n g e r be necessary f o r a uiuiq c a n d i d a t e t o win a m a j o r i t y of v o t e s i n t h e E l e c t o r a l College o r t h e House of Representatives although under t h e l a t e s t v e r s i o n of t h e d i r e c t e l e c t i o n p l a n i t would be necessary t o win 40 percent of t h e popular vote. The p r o b a b i l i t y would be g r e a t , bowever, t h a t r u n o f f s would be f r e q u e n t s i n c e t h e proposal would pennit any p a r t y t h a t had r e g i s - t e r e d a s members more than 10 percent of t h e t o t a l r e g i s t e r e d v o t e r s i n t h e United S t a t e s t o run c a n d i d a t e s i n every S t a t e . The f a c t t h a t p a r t i e s have not m u l t i p l i e d i n Congressional o r S t a t e Governor e l e c t i o n s g i v e s no assurance t h a t t h e t m - p a r t y system would not break down with d i r e c t e l e c t i o n of t h e P r e s i d e n t . 171 On t h e p o s s i b i l i t y of p a r t y 9. u.;Wechsler, s.a,. fragmentation, see: Ogg and Ray, Even under t h e r e s t r i c t i v e e l e c t o r a l c o l l e g e system now i n o p e r a t i o n , minor p a r t i e s a r e not unknown. I n 1948 t h e r e were e l e v e n P r e s i d e n t i a l c a n d i d a t e s , t h r e e o f whom (Truman, Dewey and Thurmond) won e l e c t o r a l votes. 2. Direct e l e c t i o n miaht i m p a i r t h e " u n i f v i n a " f u n c t i o n I t c a n be argued t h a t t h e e s s e n t i a l I e a - of t h e t a m i o r t u r e o f o u r p a r t y system i s t h a t each major p a r t y r e c o g n i z e s and p r o t e c t s t h e l e g i t i m a t e i n t e r e s t o f a l l s u b s t a n t i a l economic, s o c i a l , s e c t i o a r l , r e l i g i o u s , r a c i a l o r o t h e r groups i n t h e Nation. The u n i f y i n g f u n c t i o n might be impaired by reducing t h e p r e s s u r e upon t h e major p a r t i e s t o heed t h e i n t e r e s t s o f m i n o r i t y , f a c t i o n a l o r s e c t i o n a l groups. I t would be d i f f i c u l t t o prove t h a t m i n o r i t y g r o u p s i n p i v o t a l S t a t e s now e x e r t d i s p r o p o r t i o n a t e i n f l u e n c e on major p a r t y progmms. I t i s a m a t t e r o f j u s t i c e t h a t t h e l e g i t i m a t e interests of m i n o r i t y groups should be f a i r l y r e p r e s e n t e d . t h a t "some o f t h o s e who .. . want Evidence i n d i c a t e s t h e major p a r t i e s f r e e d f r m t h e n e c e s s i t y t o g i v e undue r e c o g n i t i o n t o m i n o r i t y g r o u p s ... wish major p a r t i e s t o g i v e such groups no r e c o g n i t i o n whatever. v v 18/ will the d O n the advantagesof t h e p r e s e n t system. s e e : Becker. C a r l . o f t h e p e o p l e . Yale review (New Haven), M a r c h 1945, v . 34. The 38s-404: 11. 2. Conqress. -House o f R e p r e s e n t a t i v e s . C a n n i t t e e on t h e J u d i c i a r y , OJ. M i n o r i t y views by C l i f f o r d P . Case. u., 19/ _U. 2. Congress. Judiciary. OJ. House of R e u r e s e n t a t i v e s . C o m i t t e e on t h e ci,., M i n o r i t y views by C l i f f o r d P . C a s e . . pp. 30-31. In a d d i t i o n , i t can be argued, so long a s both major p a r t i e s have regard f o r the i n t e r e s t s of t h e minority groups, few m a b e r s of such groups f e e l compelled t o f o m s p e c i a l i n t e r e s t blocs o r p a r t i e s f o r t h e i r own p r o t e c t i o n . Also, t h e i r mom extreme d a a n d s a r e #tbm ted. 3. D i r e c t -on e- w e d S t a t e s of a -oved pf e l e c t o r a l v o t e s accordina t p t h e d s ~ a r s e l vDODM- U t of C h w ~ e distributioq s s i . o 20/ l ~ No S t a t e , they claim, would have any lore w i g h t than i t m u l d be e n t i t l e d t o by i t s popular v o t e s . A t t h e p r e s e n t time t h e m a j o r i t y of t h e v o t i n g population i s found i n sare nine S t a t e s . For t h e sparsely-populated S t a t e s , d i r e c t e l e c t i o n m u l d iapose a p o s i t i v e disadvantage. I t i s e a s i e r t o "get out" votes i n highly-populated urban a t t a r . By r e i g h t i n g t h e c a p o s i t i o n of t h e e l e c t o r a l c o l l e g e i n f a v o r of small S t a t e s , t h e a u t h o r s of t h e C o n s t i t u t i o n helped t o r e c o n c i l e those S t a t e s t o t h e idea of f e d e r a t i o n . It cannot be doubted t h a t a t v a r i o u s times during t h e h i s t o r y of t h e Nation t h i s 2 0 1 For a defense of t h e Weighting i n f a v o r of small S t a t e s , see: -U. S. C o n ~ r e s s . House of Representatives. Comnittee on the J u d i c i a r y . c i t . J u l y 18, 1947: A3622-3, J u l y 22, 1947: A3729-31. But f o r t h e arguoent t h a t t h e v o t i n g power of r e s i d e n t s of t h e more populous S t a t e s i s g r e a t e r i n P r e s i d e n t i a l e l e c t i o n s under t h e e x i s t i n g s y s t e m , s e e : Banzhaf, John F., 111, "Reflections on t h e E l e c t o r a l College," 13 Villanova Law Review, p. 304, Winter, 1%8. 9.G.; Lea, OD. ~ . CRS-145 concession has s u b s t a n t i a l l y contributed t o t h e s t a b i l i t y of t h e Although the p r o v i s i o n has probably ceased t o be essea- Govenraent. t i a l t o t h e survival o f f e d e r a l union i n the United S t a t e s , and has never been the only protection f o r small S t a t e s , i t may even a m help t o cement the loyalty of those S t a t e s , t o p m e a t t b a f r a f e e l i n g "trodden upon." 4. Dixect e l e c t i o n m u l d almost i n e v i t a b l ~brim ilm- s i s t i b l e Pressure f o r a a t i e n a l laus aovenaina a u a l i f i c a t i o n s f o r voti.a.21' If control over such matters a s atiaitmm m t i a g age, educational q u a l i f i c a t i o n s o r payment of a poll tax were l e f t with the States--as i t s u p p ~ s e d l gm u l d have been under the h&e urd Langer plans f o r d i r e c t election--they argue t h a t S t a t e l e g i s l a t u r e s rould be under pressure t o reduce t h e i r voting standards t o t h e "lowest" e x i s t i n g l e v e l . The major d i f f e r e n t i a t i n g f a c t o r nou i n the s i z e of t b e S t a t e s ' e l e c t o r a l votes i s p o p u l a t i o n . Under d i r e c t e l e c t i o n t h i s would be replacer! 03. voter turnout ;rnd such p a r t i c i p a t i o n m u l d d e t e a i n t t h e e x t e n t of each S t a t e ' s influence over t h e o u t c a e . Not oaly rould i r r e s i s t i b l e pressure t o lower voting quelificrtiOD8 a r i s e , but t h e r e could a l s o be consequent changes i n the r e l a t i v e influeace of S t a t e s and amas. E r t a b l i s b n t of a a a t i o a a l voting law f o r t h e P n t i d e a t i r l e l e c t i o n rovld be l i k e l y t o threaten S t a t e c o a t r o l g.l the problems I i k ~ I yt o a r i s e w i t h S t a t e control of voting, House g Representatives. Conaittee on t h e J u d i c i a q . OJ. qee: On g. 2. Congress. e. CRS- 146 over voting f o r Representatives, Senators, and p o s s i b l y S t a t e and l o c a l o f f i c i a l s . Lack of unifonnity i n S t a t e laws would be s p e c i a l l y d i f f i c u l t t o defend i n e l e c t i o n s f o r o t h e r Federal officials, i.e., Representatives and Senators. t h i q s , i t m n l d Be e r Among o t h e r d t o have d i f f e r e n t s e t s of people t o t i n g f o r d i f f e r e n t o f f i c i a l s on t h e same e l e c t i o n day. Althemgh uaifonu v o t i n g laws might be WY@e q u i t a b l e t o t b e v o t e r , i t i s claimed t h a t they orould r e p r e s e n t a blow t o t h e S t a t e posnr. I f i t i s i n t e r d e d t h a t t h e S t a t e s should continue' t o possess scme independent a u t h o r i t y i n our f e d e r a l system, i t i s f i t t i n g t h a t they should r e t a i n a t l e a s t p a n of t h e i r c o n t r o l over voting. Thus, while uniform r u l e s f o r voting i n P r e s i d e n t i a l e l e c t i o n s might not be incompatible with g e s e r a l l y accepted p r i n c i p l e s of federalism, such Federal laws might e v e n t u a l l y i n f r i n g e improperly upon S t a t e a u t h o r i t y in State elections. 5. D i r e c t e l e c t i o n of t h e P r e s i d e n t could well r e s u l t i n enlarged r e g u l a t o r y a u t h o r i t y over p o l i t i c a l p a r t i e s by t h e f e d e r a l government and of parties mainly Under the replace regulated latest bv direct the State existina system law. election proposal parties meeting f e d e r a l requirements would automatically have t h e i r p r e s i d e n t i a l c a n d i d a t e s placed on t h e b a l l o t i n every S t a t e , without any c l e a r d i r e c t i v e a s t o S t a t e c o n t r o l over t h e e s t a b l i s b m e n t , r e g i s t r a t i o n , e t c . , of such p a r t i e s : 6. I t i s possible t o exaaaerate the r i s k s inherent i n t h e present system of e l e c t i n s the President. 2L1 As has been s t a t e d above, i t has been necessary i n j u s t two instances t o r e f e r an election t o the House of Representatives. Both cases occurred e a r l y i n I n only one case (1824) did e l e c t i o n by the the 19th Century. House r e s u l t i n the selection of a "minority President" ( ~ o h nWincy Adams). I n 1800, as has been observed e a r l i e r , t h e House e l e c t e d the person ( J e f f e r s o n ) who had received a p l u r a l i t y of electoxal votes. In no case has a "questionable" e l e c t o r a l r e s u l t f a i l e d t o be accepted peacefully, however r e l u c t a n t l y , by the people. 7. W i t h d i r e c t e l e c t i o n . the S t a t e s would cease t o be " e l e c t o m l e n t i t i e s " i n the choice c f the President.- ''/ Although appeals t o S t a t e pride would no doubt continue t o be e f f e c t i v e voteg e t t e r s , S t a t e l i n e s would almost c e r t a i n l y be l e s s important i n t h e conduct of clapaigas tban they a r e now. c o w t e d by S t a t e s . Returns would no longer be The general e f f e c t would probably be t o a p l a a s i z e the importance of the c e n t r a l government r e l a t i v e t o tbe S t a t e governmeats. m i l e opinions d i f f e r , i t can be argued t h a t i n a f e d e m l systcm we should r a t h e r reinforce and enhance S t a t e authority and p r e s t i g e i n an attempt t o avoid over-centralization. Federolisa, one of the fundamental premises of the kaerican system, could be endsngered by d i r e c t e l e c t i o n of the President. 8. exwadi t u r e s . Direct e l e c t i o n would tend t o increase c a m a i m Already the c o s t s of e l e c t o r a l campaigning a r e e n o n o u s . - %/ u. Becker, 9. a/ g. 2. Congress. J u d i c i a ~ y ,9. u. House of Representatives. Committee the To the extent t h a t sucb campaigning were r e r i o u s l y undertaken i n a l l pmrts o f the c o u n t r y , t b t y would be w e n g r e a t e r . It may be t h a t e l e c t i o n i s s u e s should be p u t b e f o r e t h e g r e a t e s t p o s s i b l e nuuber o f v o t e r s , b u t t h e major p a r t i e s c o u l d not undertake much more campaigning t h a n t h e y do now without t h e C o s t s being p r o h i b i t i v e . Because h i g h l y p o p u l a t e d "key" S t a t e s and l a r g e c i t i e s would c o n t i n u e t o be such good s o u r c e s o f v o t e s , t h e p a r t i e s might be tempted t o l i m i t t h e i r campaigning t o t h o s e a r e a s o n l y , i n o r d e r t o l i m i t expenses. The p r i n c i p a l c a n d i d a t e s might have d i f f i c u l t y i n r e a c h i n g a l l p a r t s of t h e country. (While t e l e v i s i o n has reduced t h i s l a s t d i f f i c u l t y , t h e high c o s t s of such p r o g r a m i n g have r e i n t r o d u c e d i t i n a d i f f e r e n t fonn. 1 9. E x a a ~ e r a t i o nof e l e c t i o n r e s u l t s under t h e e l e c t o r a l svstem mav n o t alwavs be u n d e s i r a b l e . I t has been argued t h a t " i l l u s o r y " e l e c t o r a l s t r e n g t h i s a f e e b l e basis f o r t h e e x e r c i s e of power and may l e a d t o t h e abuse of a u t h a r i t y . w v e r , t h e appearance of s t r e n g t h may g i v e a P r e s i d e n t u s e f u l , p e r h a p s even n e c e s s a r y , p r e s t i g e and moral f o r c e i n l e a d i n g t h e c o u n t r y . Such a d d i t i o n a l p r e s t i g e may be e s p e c i a l l y u s e f u l d u r i n g t r a n s i t i o n p e r i o d s accompanying changes of a d m i n i s t r a t i o n . 10. D i r e c t e l e c t i o n m i q h t unduly upset t h e e x i s t i n g b a l a n c e of power between t h e maior p o l i t i c a l p a r t i e s . The p r o b a b l e e f f e c t s o f t h e d i f f e r e n t method of e l e c t i o n can only be guessed. Changes i n i s s u e s and p e r s o n a l i t i e s , not t o mention number of p a r t i e s , make i t almost impossible t o p r e d i c t t h e s e e f f e c t s w i t h any d e g r e e of accuracy. Other t h i n g s being e q u a l , both t h e Republican and t h e Democratic p a r t i e s would probably p o l l more p o p u l a r v o t e s i n a r e a s c u r r e n t l y daninated by t h e o p p o s i t e p a r t y . However, t h e r e s u l t s might be s t a r t l i n g and t h e p o l i t i c a l repercussions extensive. The n e t e f f e c t might not be b e n e f i c i a l t o t h e n a t i o n a l i n t e r e s t . 11. D i r e c t e l e c t i o n i s t h e most d r a s t i c remedy f o r t h e shomminas A more moderate s o l u t i o n of t h e present system. might remove some of t h e obvious d e f e c t s of t h a t method. "Proportionate d i s t r i b u t i o n " of e l e c t o r a l votes, f o r example, while leaving c o n t r o l over e l e c t i o n s and t h e d i s t r i b u t i o n of e l e c t o r a l v o t e s undisturbed, would l e s s e n t h e p o s s i b i l i t y o f "minority" P r e s i d e n t s and would probably i n v i g o r a t e t h e two-party s y s t a i n s e c t i o n s of t h e country where one p a r t y i s now v i r t u a l l y u n c h ~ l l e n g e d . By changing t h e method of voting i n e l e c t i o n s r e f e r r e d t o t h e House of Representatives, t h e r i s k s i n h e r e n t i n t h e "one S t a t e , one vote" r u l e might be e l i m i n a t e d . O r , by a simple amenbent a b o l i s h i n g e l e c t o r s ( a s i n d i v i d u a l s ) and r e q u i r i n g popular detenninat i o n of e l e c t o r a l v o t e s (automatic p l a n ) , i t would be p o s s i b l e t o g o r n a t e e t h e people t h e v o i c e i n e l e c t i o n s which i s now b a ~ e d s i a p l y on custom, t r r d i t i o n , and usage. 12. The ~ r e s m t i o ni s a a a i n s t C o n s t i t u t i o n a l amenhent u n l e s s t h e a e n e r a l w e l f a r e w i l l be c l e a r l y b e n e f i t e d . Both t h e f a c t t h a t t h e fundamental law should not be l i g h t l y changed and t h e f a c t t h a t t h e e f f o r t r e q u i r e d t o make a chanae miaht b e t t e r be d i r e c t e d 24/ - Lea, a.&. , J u l y 18, 1947: A3622-3; Wechsler, s.&. elsewhere, make t h i s method of handling theproblem impractical-possibly undesirable. The r i s k s which d i r e c t e l e c t i o n would i n t r o - duce i n t o t h e P r e s i d e n t i a l e l e c t i o n process have been l i s t e d above. I t i s not p l a i n t h a t t h e advantages of d i r e c t e l e c t i o n would out-igh t h e p o s s i b l e undesirable e f f e c t s of t h e change. I t would perhaps be p a r t i c u l a r l y unfortunate t o s e t an u n e s s e n t i a l precedent f o r a l t e r i n g C o n s t i t u t i o n a l p r o v i s i o n s d e a l i n g with t h e P r e s i d e n t i a l e l e c t i o n process. Experience i n France and I t a l y has shown how e l e c t o r a l reformmight come t o be "manipulated" with the v a r i o u s p a r t i e s caupeeing f o r t h e s y s t m under which t h e y were most l i k e l y t o win. 13. Because small S t a t e s a r e more homogenous they tend t o g i v e a l a m e m a i o r i t y t o one party o r t h e 0 t h ~ . The l a r g e r S t a t e s , on t h e o t h e r hand, tend t o be more evenly divided which g i v e s organized "swing groups" an e x t r a o r d i n a r y i n f l u e n c e on p r e s i d e n t i a l e l e c t i o n s which they would not have otherwise. 14. I d e o l o ~ i c a lminor; t i e s . p r e s e n t l y of l i t t l e note. lwuld under the d i r e c t e l e c t i o n method, have the same weiqht a s s e c t i o n a l m i n o r i t i e s , therebv reducing the o p p o r t u n i t i e s f o g s e c t i o r s of t h e count r y to u n i t e t o help solve mue_ual p r o b l e m s by p u t t i n g p r e s s u r e on p r e s i - d e n t i a l candidates. The runoff p r o v i s i o n embodied i n most d i r e c t e l e c t i o n p r o ~ o s a l sg i v e s e x t r e m i s t s from both s i d e s a hope p r e s e n t l y denied them by t h e E l e c t o r a l C o l l e a e system of winner t a k e a l l , t h a t b e bargaining p r i o r t o t h e runoff t o be a b l e t o e x e r t some l e v e r a g e i n t h e f i n a l c h o i c e of P r e s i d e n t . 25' B. D i s t r i c t P l a n As has been pointed o u t above, t h e D i s t r i c t Plan would preserve t h e E l e c t o r a l College, but would e l i m i n a t e t h e p r e s e n t procedure of g i v i n g a S t a t e ' s e n t i r e e l e c t o r a l v o t e t o one candidate. E l e c t o r s , e q u i v a l e n t t o t h e a m b e r of Representatives i n Congress of each S t a t e would be chosen by t h e v o t e r s , one f o r each Congressional o r o t h e r d i s t r i c t , and i n a d d i t i o n , two ( e q u i v a l e n t t o t h e S t a t e ' s two S e n a t o r s ) f o r each S t a t e a t l a r g e . Each c a n d i d a t e f o r e l e c t o r r o u l d be r e q u i r e d t o d e c l a r e t h e persons f o r uhw he would v o t e f o r P r e s i d e n t and Vice P r e s i d e n t and t h e d e c l a r a t i o n would be binding, t h u s , i n e f f e c t , e l i m i n a t i n g t h e independent e l e c t o r . These e l e c t o r s i n each S t a t e would meet and v o t e and t h e t a l l i e s f o r a l l persons voted f o r s e n t t o t h e P r e s i d e n t of t h e Senate. The c a n d i d a t e r e c e i v i n g t h e h i g h e s t number of t h e t o t a l v o t e s from a l l S t a t e s and t h e D i s t r i c t - u. (1449) ; Lea, a.it.,J u l y 18, 1947; 25 / Kallenbach, OJ. A3622-3; Ogg and Ray, OJ. &. ; _U. 2. Conaress. House of RepresenWechsler, x.&. t a t i v e s . C a m i t t e e on t h e J u d i c i a r y . W i h e r d i n g , Lucius, Jr. Reform of t h e e l e c t o r a l system. P o l i t i c a l Science Q u a r t e r l y (New York), V. 64, March 1949: 1-23. x.u.; of Columbia would be e l e c t e d p r o v i d i n g he had a m a j o r i t y . Failing a m a j o r i t y t h e S e n a t e and t h e House, meeting j o i n t l y , would e l e c t a P r e s i d e n t from t h e t o p 3 c a n d i d a t e s . The p r o p o s a l would t h u s e l i m i n a t e t h e u n i t - r u l e system, t h e independent e l e c t o r , and t h e method of v o t i n g by S t a t e s i n t h e House of R e p r e s e n t a t i v e s should no c a n d i d a t e f o r P r e s i d e n t r e c e i v e a m a j o r i t y of t h e e l e c t o r a l c o l l e g e v o t e . C a s t i n g of e l e c t o r a l v o t e s by d i s t r i c t would not be new i n t h e .United S t a t e s . When S t a t e l e g i s l a t u r e s began i n t h e l a t e 1700's and e a r l y 1800's t o p r o v i d e f o r p o p u l a r c h o i c e o f P r e s i d e n t i a l e l e c t o r s , i t was normal f o r e l e c t o r s t o be chosen i n d i s t r i c t s s i m i l a r t o Congressional d i s t r i c t s . James Madison has been quoted a s s a y i n g t h a t t h e d i s t r i c t system was t h e one "mostly, i f not e x c l u s i v e l y , i n view when t h e C o n s t i t u t i o n was fonued and adopted." As has been noted e a r l i e r i n t h i s r e p o r t , t h e d i s t r i c t method was g e n e r a l l y abandoned when dominant p a r t i e s i n S t a t e l e g i s l a t u r e s saw t h a t t h e y c o u l d win more v o t e s f o r t h e i r c a n d i d a t e s by choosing e l e c t o r s on g e n e r a l , State-wide t i c k e t s . The d i s t r i c t system was favored i n some f o n n by such statesmen a s James Madison, Thomas J e f f e r s o n , John Quincy Adams, Thomas Hart Benton, Andrew Jackson, Martin Van kbster. Buren and D a n i e l Four times between 1813 and 1824 c o n s t i t u t i o n a l aaendments c o n t a i n i n g v a r i e t i e s of t h e d i s t r i c t system were passed by t h e Seaate. The House v o t e d on d i s t r i c t p l a n s , t h e l a s t o c c a s i o n being 1826, b u t none r e c e i v e d t h e n e c e s s a r y two-thi r d s v o t e . CRS-153 Arguments ---In Favor Of The D i s t r i c t 1. Plan 2d Under t h e d i s t r i c t svstem. ~ o ~ u l vaort e r e s u l t s m u l d tend t o be r e f l e c t e d more a c c u r a t e l v i n e l e c t o r a l v o t e results than Jbev a r e under t h e Present svstem. Generally speaking, any group of v o t e r s c a p a b l e of e l e c t i n g a Representative t o Congress r o u l d be a b l e t o w i n e l e c t o r a l votes. distorted--and E l e c t o r a l v o t e r e s u l t s r o u l d not be t h e m a j o r i t y of t h e winner exaggerated--by t h e prac- t i c e of a-warding a l l t h e e l e c , t o r a l votes of a S t a t e t o t h e p a r t y uinThe proposal would e l i m i n a t e t h e ning a plum1it.y of popular t o t e s . 26-1 Krock, Arthur. E l e c t o r a l system refonn i s long overdue. New York T i w s (New York), Dec. 18, 1952: 28; --Good uses imputed t o t h e l a n d s l i d e delusion? N e w YorkTTimes (New Yo*), Dec. 26, 1952: 14; --A s u b s t i t u t e f o r t h e Lodge-Gossett p l a n . N e w York Times (New York), Feb. 9 , 1950: 28; L i p p a n , a. , ; Williams, .I. Harvie. E l e c t o r a l c o l l e g e reform. I n _U. S. Congress. Senate. Committee on t h e J u d i c i a r y . Nomination and e l e c t i o n of p r e s i d e n t and v i c e - p r e s i d e n t . Hearings on S. J. Res. 8 and r e l a t e d b i l l s , Jun. 11, J u l y 13, 1 5 , and Aug. 1 , 1953. 83rd Coag., 1 s t s e s s i o n . Washington, U. S. Govt. P r i n t . O f f . , 1953. pp. 209-225; --Electoral reform, t i l e Coudert amendment. A r t i c l e i n s e r t e d i n t h e Record by F r e d e r i c R . Coudert, J r . , Congressional Record, Jan. 9, 1953: A75-77; Wilmerding, OJ. &. Congressional Digest April 1956: 122-128 f o r pro-con. See a l s o 1961 Hearings, Senate, OJ. c i t . ; 1%3 Hearings, Senate, 2. 1961 C m i t t e e P r i n t , Senate, E l e c t o r a l College Reform, Chamber of Coaaerce of t h e United 9. S t a t e s , S e p t . 1963. Remarks by Senator Muadt, Congressional Record, Vol. 110, p p . 15318-15320, June 2 7 , 1964, D a i l y Congressional Record, February 28, 1966, pp. 4082-4085. Senators Yundt and S t e n n i s , Daily Congressional Record, Jan. 7, 1965, pp. 3%-397; F e l i x Yorley, Action a s Needed t o Preserve E l e c t i o n S t a b i l i t y , Nation's Business, Dec. 1%3, p . 29; --Time f o r Election Reform i s Now, Nation's Business, Dec. 1964, p . 2 5 . A r n ~ r l c a nGood Government S o c i e t y , Congrecsional Digest, Novmh e r . 1967. ~ j p . 279, 283. &. -u.; u.; u n i t - r u l e o r "rinner t a k e a l l " systsm i n each S t a t e . In a t least trrelve of t h e t h i r t e e n P r e s i d e n t i a l e l e c t i o n s betreen 1916 and 1964 ( s e e t a b l e above), t h e d i s t r i c t system would have reduced t h e e l e c t o r a l m a j o r i t y of t h e winning c a n d i d a t e and i n c r e a s e d t h e e ~ e c t o r a l votes of h i s opponent. In one i n s t a n c e ( 1 W ) i t m u l d have chaaged t h e r e s u l t of t h e e l e c t i o n . Under most c i r c n a s t a n c e s t h e d i s t r i c t system m u l d prevent t h e e l e c t i o n of "minority P r e s i d e n t s . " To t h e e x t e n t t h a t popular s t n n g t h was r e f l e c t e d i n e l e c t o r a l v o t e s , t h e p o s s i b i l i t y of a wide d i s p a r i t y betrseen popular and e l e c t o r a l v o t e s would be reduced. A l a r g e popular m a j o r i t y i n a S t a t e wouldaot be "wasted. " The winner of a bare p l u r a l i t y would not "take a l l . " I n addi tiom, t h e requi rement t h a t d i s t r i c t s be "composed of compact and contiguous t e r r i t o r y , containing a s n e a r l y a s p r a c t i t a b l e t h e n l a b e r of persons which e n t i t l e d t h e S t a t e t o one Repres e n t a t i v e i n C o a g n s s " would v i r t u a l l y e l i m i n a t e lpalapportioment wq d i s t r i c t s and r e f l e c t more a c c u r a t e l y popular w i l l . Equal m i g h t , based on population, would be given t o urban and r u r a l d i s t r i c t s . Furthermore, under t h e d i s t r i c t system each v o t e r would v o t e f o r only t h r e e e l e c t o r s r a t h e r than f o r a l l of t h e e l e c t o r s i n h i s S t a t e a s under t h e u n i t - r u l e . There would be l e s s d i f f e r e n c e i n t h e value of each v o t e r ' s v o t e among S t a t e s . The d i s t r i c t system would l i m i t t h e p o s s i b l e e l e c t o r a l e f f e c t s of l o c a l f r a u d s , bad weather, i n t e n s e l o c a l i s s u e s , and o t h e r accidental c i remstances . S i m i l a r l y t o proposals f o r p r o p o r t i o n a t e d i s t r i b u t i o n , t h e d i s t r i c t plan would preserve t h e p r e s e n t provision f o r r e l a t i n g e l e c t o r a l v o t e s t o population; t h e t o t a l e l e c t o r a l s t r e n g t h of a S t a t e would not vary with t h e r e l a t i v e s i z e of t h e popular vote. The plan would provide an even more e f f e c t i v e l i m i t a t i o n of t h e e f f e c t s of l o c a l f r a u d s , e t c . , than would p r o p o r t i o n a t e d i s t r i b u t i o n of e l e c t o r a l votes. Under t h e d i s t r i c t system, unusual c i r c m s t a n c e s i n one l o c a l a r e a could only d e t e w i n e t h e d i s p o s i t i o n of t h e e l e c t o m 1 votes f o r t h e d i s t r i c t and t h e S t a t e a t - l a r g e . With propor- t i o n a t e d i s t r i b u t i o n , i t would be p o s s i b l e f o r such c i r c m s t a n c e s t o a f f e c t t h e t o t a l v o t e of t h e S t a t e . By e l i m i n a t i n g t h e u n i t - r u l e , t h e proposal would consequently save l a r g e blocs of v o t e r s i n a S t a t e frola being d i s f r a n c h i s e d f o r having amassed a t o t a l s t a t e w i d e vote f o r a c a n d i d a t e l e s s tban t b r t of t h e winner. 2. The d i s t r i c t svstem r o u l d be sore f a v o r a b l e than t h e p r e s e n t method of e l e c t i o n t o t h e e s t a b l i s h e n t and maintenance of the t w o - ~ a r t v system. In any a r e a s of a so-called "one-partyw S t a t e which a r e now sometimes represented i n Congress by members of a a o t b e r p a r t y , t h a t o t h e r p a r t y would be encouraged by t h e d i s t r i c t m n h n t t o seek e l e c t o r a l votes f o r i t s P r e s i d e n t i a l candidate. The d i s t r i c t plan would not be l i k e l y t o encourage any undue growth of t h i r d o r splinter parties. In o r d e r t o win any e l e c t o r a l v o t e s , t h e s u p p o r t e r s of a t h i r d p a r t y would have t o c a r r y s e p a r a t e Congressional d i s t r i c t s . A t h i r d p a r t y would have l i t t l e hope of d i v e r t i n g more tban a few e l e c t o r a l votes from major p a r t y candidates. The d i s t r i c t plan would not. a s proportionate d i s t r i b u t i o n would, g i v e e l e c t o r a l v o t e s t o a minority group t h i n l y s c a t t e r e d through a S t a t e . 3. The d i s t r i c t svstem would provide a r e a t e r v r o t e c t i o n f o r t h e p o l i t i c a l power of small and s v a r s e l v populated S t a t e s and areas. I t would reduce t h e power of l a r g e , "doubtful" S t a t e s t o - exert excessive. p o l i t i c a l influences. With t h e p o s s i b i l i t y of dividing the e l e c t o r a l votes, i t would be l e s s important than i t i s now f o r a P r e s i d e n t i a l c a n d i d a t e t o come from one of t h e s e "key" I t would be l e s s l i k e l y t h a t t h e "pivotal" S t a t e s would c a r r y States. undue weight i n t h e development of n a t i o n a l p a r t y programs, o r t h a t they would claim d i s p r o p o r t i o n a t e a t t e n t i o n during t h e campaign. The d i s t r i c t system would p l a c e a check on t h e p o l i t i c a l pcuer of l a r g e c i t i e s , and e s p e c i a l l y of c e r t a i n p r e s s u r e groups within those c i t i e s . The v o t e r s i n t h e c i t i e s krould not be a b l e t o control a l l the e l e c t o r a l votes i n a State. A t most t h e y could determine t h e i r own e l e c t o r a l v o t e and t h e few e l e c t o r a l v o t e s c a s t by t h e S t a t e a s a whole ( f o r Senators and R e p r e s e n t a t i v e s - a t - l a r g e ) . Alleged undue i n f l u e n c e of m i n o r i t i e s i n urban a r e a s i n l a r g e S t a t e s would be reduced. Small o r s p a r s e l y populated S t a t e s would not be deprived of t h e advantage they now possess i n t h e d i s t r i b u t i o n of e l e c t o r a l votes. , Each S t a t e would continue t o receive two of i t s e l e c t o r a l votes r e g a r d l e s s of the s i z e of i t s population. T h e d i s t r i c t system w o u l d diminish t h e excessive p o l i t i c a l importance of l a r g e r , doubtful s t a t e s , and would encourage major - P a r t i e s t o s e l e c t candidates and seek e l e c t o r a l votes elserrhere throughout t h e country. 4. The d i s t r i c t svstem would tend t o eauate the ~ o l i t i c r l p n s s u n s on t h e President with those f e l t bv Conaress. Votes would k c a s t f o r President and Vice-president and f o r Umbers of C O ~ $ ~ ~ S S by t h e same voters i n the same d i s t r i c t a t t h e saue time. The a i n d i f f e r e n c e would be t h a t e l e c t o r a l votes would 'be c a s t i n a body and one-third of t h e Senate would be'chosen a t t h a t time. Responsi- b i l i t y t o v i r t u a l l y i d e n t i c a l constituencies might f o s t e r halrony betweem t h e President and Congress. ,- 5. S d not involve anv u n o o ~ u l a rt h r e a t t o t h e r o l e of S t a t e s i n t h e P n s i d e n t i a l e l e c t i o n o r t o S t a t e control over votinu a u a l i f i c a t i o n s . 'he p n mt power of t h e S t a t e s t o s e t standards f o r voting would not be disturbed. The only change authorized would be a p o s i t i v e one, t h e incorporation i n t o the Federal ' c o n s t i t u t i o n of a provision pemitting S t a t e s , a t t h e i r d i s c r c t i o n , t o reduce residence t e q u i m n t s f o r voting, by new residents, in the P r e s i d e n t i a l elections. 6. . e d's rict precedent f o r ~ r o o o r t i o n a l r e ~ m s e n t a t i o ni n Conaress. I t i s unlikely t h a t any party unable t o e l e c t representatives t o Congress would be capable of winnlng e l e c t o r a l votes. Electoral votes would be mathe- matically proportionate to popular votes only i f popular votes d d i s t r i c t s in such a way a s happentad hy ch.rncc t o he d i s t r i b r ~ t ~among t o protl~cce t tiat r e s u l t . The r e a u i m e n t of compact. c o n t i s u o u s d i s t r i c t s of 7. n e a r l y e a u a l population need n o t , under t h e developinn s t a t e of t h e l a u , n e c e s s a r i l v r e s u l t i n t h e c r e a t i o n of e l e c t o r a l d i s t r i c t s d i f f e r ent f- conaressional d i s t r i c t s . With t h e Supreme Court d e c i s i o n i n Uesberry v . Sanders, 376 U.S. 1 (1%4), c o n g r e s s i o n a l d i s t r i c t s r i t R i n a S t a t e a r e now required t o be s u b s t a n t i a l l y equal i n population. In 1%5, t h e House of Representatives passed H. R . 5505, a b i l l r e q u i r i n g congressional d i s t r i c t s t o be compact, contiguous and t o varp not more than 15 percent i n population fraa t h e average d i s t r i c t i n t h e State. The b i l l was not enacted by Congress. I n any e v e n t , i f such an a c t i s passed, S. J. Res. 12 could be mended back t o i t s o r i g i n a l f o m so t h a t e l e c t o r a l d i s t r i c t s w u l d be t h e same a s c o n g r e s s i o n a l The advancing s t a t e of t h e law i s e l i m i n a t i n g malrppor- districts. tionment (and p o s s i b l y gerrymandering) of congressional d i s t r i c t s . 8. Bv, i n e f f e c t . bindinn t h e e l e c t o r s . t h e proposal would e l i m i n a t e c r i t i c i s m d i r e c t e d a t t h e c u r r e n t system. Bound e l e c t o r s , unable t o be independent, would a c c u r a t e l y r e f l e c t t h e popular w i l l . Only i f t h e c a n d i d a t e d i e s before t h e e l e c t o r s meet would an e l e c t o r be f r e e t o v o t e f o r someone e l s e . 9. BY e s t a b l i s h i n a a unifonn svstem t h e ~ r o ~ o s would al e l i m i n a t e S t a t e c o n t r o l over t h e method of choosina e l e c t o r s and prevent p o s s i b l e manipulation from e l e c t i o n t o e l e c t i o n . 10. The d i s t r i c t svstem miaht w e l l p r o v i d e an i n c e n t i v e f o r r r r e a t e r v o t i n g p a r t i c i p a t i o n i n S t a t e s now dominated by party. a sinale Any i n v i g o r a t i o n of t h e two-party system i n t h o s e S t a t e s would h e l p , a s would t h e f a c t t h a t m i n o r i t y v o t e s would n o t n e c e s s a r i l y be wasted. - Amunents a g a i n s t District Plan. 27' Those r h o oppose t b e d i s t r i c t p l a n claim t h a t : 1. E l e c t i o n o f t h e P r e s i d e n t by t h e d i s t r i c t system would n o t i n v a r i a b l y r e f l e c t p o p u l a r v o t e results more a c c u r a t e l y than t h e p r e s e n t system. The r e l a t i o n s h i p between p o p u l a r v o t e s and electorrl v o t e s would depend p a r t l y on t h e geographic d i s t r i b u t i o n o f p a r t y strength. A m i n o r i t y without c o n c e n t r a t e d power i n c e r t a i n d i s t r i c t s might not win any e l e c t o r a l v o t e s i n a S t a t e . In a national sense, a s long a s t h e e l e c t o r a l c o l l e g e system remains and each S t a t e has a t l e a s t t h r e e e l e c t o r a l v o t e s r e g a r d l e s s of p o p u l a t i o n , d i s t o r t i o n w i l l be b u i l t i n t o t h e system. I n a d d i t i o n , a l t h o u g h each v o t e r i n 2 ? / Statements on H . J . Res. 11 and H. J . Res. 19 (82nd Congress, 1 s t s e s s i o n ) . In _V. 2. Conaress. Senate. Conmittee on t h e J u d i c i a r y . Hearings on S. J . Res. 8 and r e l a t e d b i l l s , s. pp. 230-254; S e n a t e J u d i c i a r v Comnittee, Cormnittee P r i n t , 1%1, 2. E l e c t o r a l C o l l e g e Reform, Chamber of Comnerce of t h e United S t a t e s , S e p t . 1963; Report on t h e Method of E l e c t i n g t h e P r e s i d e n t and Vice p r e s i d e n t , by Connni t t e e on Federal L e g i s l a t i o n , Assn. of t h e Bar, C i t y of New York, Dec. 1961; Sen. E s t Kefauver, ~ The E l e c t o r a l C o l l e g e : O l d llefonns Take On a New Look, 27 Law and Contemporary Problems, 188, S p r l n g , l Q h 2 ; Allan P . S i n d l e r , P r e s i d e n t i a l Elect i o n Methods and Urban-Ethnic I n t e r e s t s , 27 Law and Contemporary Problems. 213, S p r i n q 1962. &., a.; each d i s t r i c t throughout t h e country would only v o t e f o r t h r e e e l e c t o r s , population d i s p a r i t i e s among S t a t e s would reduce t h e v a l u e of a vote f o r s t a t e w i d e e l e c t o r s i n l a r g e S t a t e s a s compared t o States with l e s s e r populations. The d i s t r i c t system would not a b o l i s h t h e i n e q u a l i t i e s produced by t h e p r e s e n t weighting of e l e c t o r a l v o t e s i n f a v o r of small S t a t e s . The weight of popular v o t e s i n small S t a t e s would continue t o exceed t h e weight of such v o t e s i n l a r g e S t a t e s . The d i s t r i c t plan would continue t o permit t h e e l e c t i o n of some "minority" P r e s i d e n t s . This would be p o s s i b l e i f t h e win- ning candidate won most of h i s e l e c t o r a l votes by b a r e m a j o r i t i e s o r p l u r a l i t i e s , while h i s main opponent received l a r g e nrmbers of h i s votes by huge margins. As with p r o p o r t i o n a t e d i s t r i b u t i o n , i t might happen a l s o i f t h e winner drew d i s p r o p o r t i o n a t e support from low-population S t a t e s where t h e r e were f e t a r v o t e r s f o r each e l e c t o r a l vote. Where one P r e s i d e n t i a l candidate won t h e bulk of h i s votes i n low-population ( r u r a l o r small town) d i s t r i c t s , t h e chances of a minority winner might be g r e a t e r than they a r e now. Thus i n 1948 t h e Democrats c a r r i e d Ohio and C a l i f o r n i a , hut t h e d i s t r i c t plan would probably have given t h e Republicans more e l e c t o r a l v o t e s i n those S t a t e s . S e v e r a l f a c t o r s o t h e r t h a n t h e u n i t - r u l e can c o n t r i b u t e t o t h e e l e c t i o n of a m i n o r i t y P r e s i d e n t . These a r e : (a) the f e d e r a l p r i n c i p l e p r o v i d i n g a minimum o f t h r e e e l e c t o r a l v o t e s f o r each S t a t e , and (b) t h e a l l o c a t i o n o f a d d i t i o n a l e l e c t o r s on t h e basis of population. The f i r s t f a c t o r c a u s e s many S t a t e s t o have g r e a t e r weight in t h e p r e s i d e n t i a l e l e c t i o n t h a n t h e y would have had i f e l e c t o r a l v o t e s were awarded s o l e l y on p o p u l a t i o n . Under t h e second f a c t o r t h e t o t a l popular v o t e i n a S t a t e h a s no relevancy t o i t s e l e c t o r a l votes. A small v o t e r turnout w i l l carry e l e c t o r a l v o t e s based on p o p u l a t i o n j u s t a s s u r e l y a s a l a r g e v o t e r turnout. And, under t h e d i s t r i c t system a c a n d i d a t e could s e c u r e a m a j o r i t y of a S t a t e ' s e l e c t o r a l v o t e s w i t h a m i n o r i t y of i t s popular v o t e s . The d i s t r i c t amendment would n o t diminish p r e s e n t i n e q u i t i e s i n S t a t e laws r e l a t i n g t o v o t i n g q u a l i f i c a t i o n s ( e x c e p t f o r t h e permissive c l a u s e r e l a t i n g t o v o t i n g by new r e s i d e n t s ) . Like p r o p o r t ~ o n a t e d i s t r i b u t i o n , i t would c o n t l n u e t o permit S t a t e s t o r e s t r i c t t h e i r s u f f r a g e without any l o s s of e l e c t o r a l power. The S t a t e would c a s t t h e same number o f e l e c t o r a l v o t e s r e g a r d l e s s of t h e s17e of t h e popular vote. 2. The d i s t r i c t svstem miaht tend t o overweiaht t h e p o l i - t i c a l power of r u r a l a n d small-town a r e a s . p o p u l a t ~ da r v 4 s t e n d t o be As a r u l e , l e s s h i g h l y o v e r r e p r e s e n t e d i n t h e apportionment of ( o n n r c q ~ l o n a l d i s t r i c t s , w h ~ l ec i t i e s have l e s s than t h e i r s h a r e of s e a t s (although t h i s i s being a l t e r e d ) . It i s p o s s i b l e t h a t t h e d i s t r i c t plan r e u l d p e m i t a p r e s i d e n t i a l c a n d i d a t e t o w i n an e l e c t i o n without t h e support of any of t h e major m e t r o p o l i t a n a r e a s . The d i s t r i c t plan r o u l d reduce t h e i n f l u e n c e of t h e big c i t y v o t e i n p r e s i d e m t i a l e l e c t i o n s , a s well a s reduce t h e i n f l u e n c e of t h e v o t e of minority groups i n t h e l a r g e S t a t e s . 3. The d i s t r i c t s v s t a miaht i m a i r r a t h e r than s t r e n a t h e n t h e t w - ~ a r t vs v s t s a . It r e u l d n o t be l i k e l y t o i n v i g o r a t e second p a r t i e s i n "one-party" S t a t e s where t h e minority p a r t y has l i t t l e chance of rrinniag t h e rates of any C o n g n s s i p n a l d i s t r i c t s . In the South, t h e D a o c m t i c p a r t y has been s o g e n e r a l l y dominant t h a t few Republican C o n g r e s r e a have been e l e c t e d fram t h o s e S t a t e s . In the absence of a major realigmtent of p a r t i e s i n t h e South, i t i s doubtf u l t h a t a change t o t h e d i s t r i c t system r a u l d m a t e r i a l l y a l t e r t h e prospects of a second-party p n s i d e n t i a l candidate i n t h a t a n a . I n a l l p r o b a b i l i t y , t h e d i s t r i c t system would c o n c e n t r a t e p r e s i d e n t i a l campaigning t o marginal d i s t r i c t s . The d i s t r i c t plan would g i v e g r e a t e r recognition t o p o s s i b l e undesirable t h i r d p a r t i e s than t h e present system. Almost any small p a r t y would f i n d i t e a s i e r t o win Congressional d i s t r i c t s than t o c a r r y whole S t a t e s . Once such p a r t i e s won a few e l e c t o r a l v o t e s , they might be encouraged t o t r y f o r more i n o r d e r t o throw t h e e l e c t i o n i n t o Congress where g r e a t e r bargaining opportunity might e x i s t . 4. The system does not automaticallv convert the e l e c - t i o n of an i n d i v i d u a l e l e c t o r i n t o an e l e c t o r a l c o l l e g e vote. Votes by e l e c t o r s f o r persons o t h e r than those t o whom they a r e pledged a r e not counted u n d ~ rS. J . Res. 12, but they would be l o s t t o t h e pledged candidate. AP e l e c t o r , by voting f o r o t h e r s , can reduce t h e t o t a l e l e c t o r a l votes of t h e candidate t o whom he i s pledged. 5. Adoution of t h e urouosal miaht not n e c e s s a r i l y abro- pate t h e e x i s t e n c e o f two sets of s e p a r a t e d i s t r i c t s i n a S t a t e , e l e c t o r a l and conaressional. Since t h e c o u r t s have not a s y e t con- s i d e r e d t h e question of p o l i t i c a l gerrymandering of congressional d i s t r i c t s a s being p m h i b i t e d by t h e C o n s t i t u t i o n , t h e p o s s i b l e consequence of a f a i l u r e by Congress t o enact a d i s t r i c t i n g s t a t u t e requiring congressional d i s t r i c t s t o be compact, would be t o leave w i t h the S t a t e s a c o n s t i t u t i o n a l requirement of d i s t r i c t s of equal population but which a r e not n e c e s s a r i l y compact. The proposed c o n s t i t u t i o n a l amendment f o r e l e c t i o n of e l e c t o r s from d i s t r i c t s r e q u i r e s such d i s t r i c t s t o be compact. The r e s u l t might be t h a t while e l e c t o r a l d i s t r i c t s i n a S t a t e would be of equal population and compact, congressional d i s t r i c t s could be of equal population but gerrymandered t h u s producing a s i t u a t i o n of s e p a r a t e e l e c t o r a l a n d congressional d i s t r i c t s within a S t a t e . C. Proportional Plan There have been many proposals in past Congresses to incorporate some form of proportional plan in reforming the Electoral College. idea was first introduced by Representative Lawrence of in The New York 1848. As has a l r e a d y been s t a t e d , t h e P r o p o r t i o n a l P l a n would a b o l i s h t h e E l e c t o r a l College, but would r e t a i n t h e e l e c t o r a l v o t e . I n each S t a t e , t h e e l e c t o r a l v o t e would be a p p o r t i o n e d a m n g t h e p r e s i d e n t i a l c a n d i d a t e s i n accordance w i t h t h e a m b e r of p o p u l a r v o t e s they r e c e i v e , r a t h e r than i n accordance w i t h t h e "winner t a k e a l l " system which rue have a t p r e s e n t . The c a n d i d a t e with t h e most e l e c t o r a l v o t e s throughout t h e Nation would be e l e c t e d P r e s i d e n t i f he r e c e i v e d a c e r t a i n percentage ( u s u a l l y 40) of t h e t o t a l elect o r a l vote. I n c a s e no person r e c e i v e d a t l e a s t 40 p e r c e n t o f t h e t o t a l e l e c t o r a l v o t e s , t h e S e n a t e and House s i t t i n g j o i n t l y rrould choose t h e P r e s i d e n t f n w t h e persons having t h e two h i g h e s t a m b e r s of e l e c t ~ r a lv o t e s . Amuments i n Favor of P r o p o r t i o n a l Plan Those who f a v o r t h e p r o p o r t i o n a l p l a n , argue a s f o l l o w s : 1. P r o ~ o r t i o n a t ed i s t r i b u t i o n of e l e c t o r a l v o t e s woyLP t e n d t o r e f l e c t more a c c u r a t e l y t h e popular s t r e n g t h of t h e v a r i o u s 2&/ Burns, James UcG. The E l e c t o r a l College meets, but h y ? New Yorlt Times Magazine (New York) December 12, 1948, p. 14, 74-8; Colwin, Edward S . The P r e s i d e n t : o f f i c e and powers. H i s t o r y and a n a l y s i s of p r a c t i c e and o p i n i o n . 3rd e d . , r e v i s e d . New York, New York Univers i t y P r e s s , 1948. p. 49-72; Kallenbach, Joseph E., P r e s i d e n t i a l Elect i o n Reform. Paper i n s e r t e d i n t h e Record by Sen. Henry Cabot Lodge, J r . Congressionsl Record, A p r i l 13, 1949, -448-52; Lea, Clarence E. Modernize o u r P r e s i d e n t i a l e l e c t i o n . Ten s t a t e m e n t s i n s e r t e d i n t h e Record by Rep. Lea, June 30-July 25, 1947. Congressional Record, J u l y 8, 1947: A3412-13, J u l y 16; 1947: A3545-7; Lippman, Walter, E l e c t i n g a P r e s i d e n t . S e r i e s of 3 a r t i c l e s . Washington P o s t , March 6, 7 , 9, 1950; Lodge, Henry Cabot, Jr. Should t h e United S t a t e s a b o l i s h t h e E l e c t o r a l College? Yes. The Rotarian (Chicago), v . 75, J u l y 1949, 24-5, 52-3: 1. 5 . u r e s s . House C a r a i t t e e on t h e J u d i c i a r y . Proposing an a m e n b e n t t o t h e C o n s t i t u t i o n of t h e United S t a t e s providing f o r t h e e l e c t i o n of P r e s i d e n t and Vice P r e s i d e n t . Washington, IJ. S. Govt. P r i n t . O f f . , 1949 1 8 l s t Cong., 1 s t s e s s . House Report No. 1011): -- candidates. It e l i m i n a t e s t h e " u n i t-rule" o r "winner t a k e a l l " system. As i s argued by those who f a v o r d i r e c t e l e c t i o n of the President when the p a r t y with a p l u r a l i t y of popular votes i n a S t a t e wins a l l t h e e l e c t o r a l v o t e s f o r t h a t S t a t e , a s i s now t h e c a s e , t h e f i n a l r e s u l t s usually exaggerate t h e s t r e n g t h of t h e winneg. I n 1912 Yoodrow Wilson, with only 42 percent of t h e popular vote, received 84 percent of t h e e l e c t o r a l vote. I n 1936 F r a n k l i n D. Roosevelt received 98 percent of t h e e l e c t o r a l vote on t h e b a s i s o f 60 p e r c e n t of t h e popular vote. "Illusory" e l e c t o r a l s t r e n g t h provides a f e e b l e b a s i s f o r t h e e x e r c i s e of power and r a y l e a d t o abuse of a u t h o r i t y . D i s t r i b u t i o n of e l e c t o r a l v o t e s i n accordance with popular r o t e m u l d e l i m i n a t e t h e d i s t o r t i o n which r e s u l t s f r o a a l l o t m e n t of S t a t e t o t e s without regard f o r t h e r e l a t i v e popular s t r e n g t h o f t h e p a r t i e s c o n t e n d i q . Of a l l the proposals, t h e p r o p o r t i o n a t e system comes c l o s e s t t o e l e c t i n g a President by popular v o t e of t h e people w h i l e a t the same time preserving each S t a t e ' s r e l a t i v e e l e c t o r a l s t r e n g t h i n t h e e l e c t i o n of t h e President. ---Senate. Conunittee on the J u d i c i a r y . Proposing an amendment t o t h e C o n s t i t u t i o n of t h e United S t a t e s providing f o r t h e e l e c t i o n of P r e s i dent and Vice P r e s i d e n t . Washington, IJ. S. Govt. P r i n t . Off., 1949 ( O l s t Cong., 1 s t s e s s . Senate Report, No. 6 0 2 ) ; Wechsler, Herbert, The Lodge-Cosset t plan. Fortune (Denver), June 1949, v. 39, 134-46; - - - P r e s i d e n t i a l e l t t ~ t i o n sand t h e C o n s t i t u t i o n : a comnent on proposed a m e n b e n t . American Bar Association Journal (Chicago), March 1949, v . 35: 181-4, 270-4; Wi lmerding, Lucius, J r . Refonn of t h e e l e c t o r a l system. P o l i t i c a l S c i ~ n c eQ u a r t e r l y (New YO*), v. 64, March 1949, 1-23; et 2 1 . Congrrssjonal U l g e s t , Apr. 1956. 106-121, f o r pro-COII d i s c u s s i o n . Senate Hearings. 1961, 1963, a.d. ; Senate Cornnittee P r i n t , 1961, a!. E l e c t o r a l Gollege Refoxm, Chamber of Conrnerce o f t h r Ilnited S t a t e s . S e p t . , 1963; The E l e c t o r a l College: O l d Reforms T a k ~on a N e w l.ook, S c n . t.stcs Kcfauver. 27 Law and Contemporary l ' r o h l ~ m s , 1HI1, Spring. 1902: Why t h e Minority Voice i n t h e E l e c t i o n of t h I~' r e s i d r n t ? Judgr Joe Eaton, F l o r i d a , r e p r i n t e d i n D a i l y Cong r e s s i o n a l Record, May 21, 1964, pp. A2688-A26CK); "The Direct Vote and the E l c r t o r a l Collcgc*," Saturday Review, February 12, 1%7, p. 24. u.; 2. Under most c i r c m s t a n c e s , p r o p o r t i o n a t e d i s t r i b u t i o n would prevent the e l e c t i o n of a candidate r e c e i v i n a a minoritv of t h e popular votes. A s h a s been seen, the p r e s e n t system permits nominees w i t h the g r e a t e s t popular support t o be defeated. With proportionate d i s t r i b u t i o n of e l e c t o r a l votes, a candidate with a majority of popular votes could not l o s e t h e e l e c t i o n because he won most of h i s e l e c t o r a l v o t e s by l a r g e m a j o r i t i e s while h i s opponent received most of h i s e l e c t o r a l v o t e s by bare m a j o r i t i e s o r p l u r a l i ties. Had t h e r e been p r o p o r t i o n a t e d i s t r i b u t i o n i n 1876 and 1888, Hayes m u l d have been defeated by Tilden, and Harrison by Cleveland. 3. As f a r a s t h e Dresent uneaual weiahtina of S t a t e s p e r a i t s , rooo or ti on ate d i s t r i b u t i o n m u l d a i v e eaual u e i a h t t o i n d i g i d u a l ~ o ~ u l vaort e s c a s t i n ~ i v o t a lS t a t e s and i n S t a t e s where one p a r t y i s almost c e r t a i n t o win by a wide mamin. Under t h e present system a s i n g l e v o t e r i n a " s u r e W S t a t e i s not l i k e l y t o a f f e c t t h e outcome of an e l e c t i o n , while a few c i t i z e n s i n a doubtful S t a t e may hold t h e power t o e l e c t o r d e f e a t a candidate. This a f f e c t s voting p a r t i c i p a t i o o , which has tended t o be higher i n doubtful States. P r o p o r t i o n a t e d i s t r i b u t i o n of e l e c t o r a l votes would g i v e even a hopeless minority of v o t e r s i n a S t a t e a chance of c r e d i t i n g t h e i r c a n d i d a t e with rope e l e c t o r a l votes. It would reduce, although not e l i m i n a t e , i n e q u a l i t y of voting parer. Under t h e plan t h e r e i s l e s s p o s s i b i l i t y of t h e "disfranchisement" of v o t e r s s i n c e minority votes m u l d be r e f l e c t e d i n a p r o p o r t i o n a l d i v i s i o n of a S t a t e ' s e l e c t o r a l vote t o the nearest onethousandth. 4. Accidental c i r c u n s t a n c e s and f r a u d u l e n t votina o r vote-countinq would be l e s s l i k e l y t o d e f e a t t h e choice of t h e people. As long a s the s h i f t of a few popular v o t e s may determine which p a r t y wins t h e whole e l e c t o r a l vote of a S t a t e , a c c i d e n t s o r frauds, i t i s said, c o n s t i t u t e a disproportionate threat. c l o s e S t a t e s may be won o r l o s t on account of a r a i n y day o r b l i z z a r d . With d i v i s i o n of e l e c t o r a l v o t e s according t o v o t i n g s t r e n g t h , a mll n m b e r of popular votes could a f f e c t no more than a few e l e c t o r a l votes. Swings due t o a c c i d e n t , f r a u d o r o t h e r s i m i l a r c a u s e s would be reduced. Unless t h e e l e c t o r a l v o t e =re exceedingly c l o s e , i t i s u n l i k e l y t h a t any such extraneous c i r c m s t a n c e s would i n f l u e n c e the outcae. 5. Throwh e l i m i n a t i n e t h e p o s i t i o n of P r e s i d e n t i a l e l e c t o r , onate d i s t r i b u t i o n would a ve t h e v o t e r s a more d i r e c t v o i c e than t h t v now have i n t h e choice of t b e P r e s i d e n t . A t p r e s e n t , no Federal law prevents an e l e c t o r from v i o l a t i n g t h e long-established custom t h a t he should v o t e f o r t h e candidate nominated by h i s p a r t y . S t a t e laws r e q u i r i n g e l e c t o r s t o follow i n s t r u c t i o n s have been held unenforceable (e.g., Adcocket a l . v. A l b r i t t o n , e t a l . 119483 and Folson, e t a l . v. Albritton. et a l . [1948]). State legislatures may decide a t any time t h a t e l e c t o r s should be chosen, not by popul a r vote, hut by some o t h e r means. Incapacity o r d i s q u a l i f i c a t i o n may prevent e l e c t o r s chosen by t h e v o t e r s from f u n c t i o n i n g a t t h e p r o p e r place on t h e proper day. The n e c e s s i t y f o r voting on i n d i v i d u a l e l e c t o r s i n s t e a d of t h e a c t u a l P r e s i d e n t i a l c a n d i d a t e s may confuse enough v o t e r s t o a f f e c t the outcome of an e l e c t i o n , e s p e c i a l l y i n t h e S t a t e s i n d i c a t i n g only the e l e c t o r s ' names on t h e b a l l o t . A b o l i t i o n of t h e p o s i t i o n of P r e s i d e n t i a l e l e c t o r would g i v e t h e people a d i r e c t role i n t h e a l l o c a t i o n of e l e c t o r a l votes. No c w p l i c a t i o n could a r i s e from t h e i n a b i l i t y of e l e c t o r s t o meet and v o t e a s expected. Confusion c r e a t e d by long l i s t s of e l e c t o r a l c o l l e g e c a n d i d a t e s on P r e s i d e n t i a l b a l l o t s would be eliminated. 6. partv svstes. P r m o r t i o n a t e d i s t r i b u t i o n miaht s t r e n a t h e n t h e trroF i r s t , i t might i n v i g o r a t e t h e second p a r t y i n S t a t e s where t h e d a i n a n t p a r t y aow i s so strong t h a t no o t h e r p a r t i e s have any hope of v i c t o y . Under t h e present system, a party has l i t t l e i n c e n t i v e t o devote precious ti-, w n e y and energy t o l o c a l c r r p r i g n i n g i n S t a t e s where t h e r e t u r n s will almost s u r e l y be negative, With p r o p o r t i o n a t e d i s t r i b u t i o p , i t i s s a i d , Republican p a r t y a c t i v i t y would probably be encouraged i n t h e South. and Daaocratic a c t i v i t y i n p a r t s of Wen England and t b e Middle West. Secondly, i t would f r e e t h e major p a r t i e s from having t o make any e x c e s s i v e concessi ons t o minori t i e s i n key States, and allow them t o c o n c e n t r a t e on developing s e p a r a t e and d i s t i n c t programs. The present system, i t i s argued, allows small m i n o r i t i e s t o hold t h e balance of porrer i n p i v o t a l S t a t e s . Proportionate d i s - t r i b u t i o n would prevent p r e s s u r e groups ftom bringing undue p r e s s u r e on any t h e major p a r t i e s . Powerful minority groups would be deprived of power they now possess t o "throw" a l l the e l e c t o r a l votes of a p i v o t a l S t a t e t o whichever major p a r t y o f f e r s t h e m the best tetms. It j s not n e c e s s a r i l y t r u e t h a t p r o p o r t i o n a t e d i s t r i b u t i o n m u l d encourage t h e growth of nmuemus small p a r t i e s and undernine t h e two-party system. By r e q u i r i n g t h e winning c a n d i d a t e t o obtain an a b s o l u t e m a j o r i t y of t h e e l e c t o r a l vote o r m a j o r i t y of S t a t e delegations i n t h e House of Representatives, t h e p r e s e n t s y s t a does m i l i t a t e a g a i n s t t h e r i s e of t h i r d o r more p a r t i e s . Voters g e a e r r l l y p r e f e r t o c a s t t h e i r b a l l o t s f o r t h e p a r t y which has a chance of carrying the election. Under p r o p o r t i o n a t e d i s t r i b u t i o n , -11 p a r t i e s could c o l l e c t e l e c t o r a l v o t e s without winniag p P u m l i t i e s o r m a j o r i t i e s i n t h e S t a t e s , and a P r e s i d e n t could be e l e c t e d by l e s s than h a l f of t h e e l e c t o r a l vote. However, a s long a s t h e d n n i m g candidate had t o have more e l e c t o r a l votes than any o t b e r c a n d i d a t e , p a r t i e s would not be l i k e l y t o m u l t i p l y r a p i d l y . It i s i n t e n s t i a g t h a t p a r t i e s have not so m u l t i p l i e d i n S t a t e , Congressional and o t h e r e l e c t i o n s decided on t h e p l u r a l i t y system i n t h e United S t a t e s . The provision i n t h e proposed amendment r e q u i r i n g e l e c t i o n by a t l e a s t 40 percent of t h e t o t a l e l e c t o r a l v o t e would help t o check any ten- dency towards breakdown of t h e two-party system and would reduce t h e p o s s i b i l i t i e s of the e l e c t i o n being thrown i n t o t h e Congress through the e f f o r t s of minor p a r t i e s s i n c e i t would r e q u i r e such a p a r t y t o secure a t l e a s t 20 percent of t h e e l e c t o r a l v o t e t o do so. In a d d i t i o n , i f an e l e c t i o n were t o be thrown i n t o Congress, t h e c h o i c e would be l i m i t e d t o the two top c a n d i d a t e s , not t h r e e , and m u l d prevent a t h i r d p a r t y candidate from being considered. 7. PmDo r t .l o ~ a t ed i s t r i b u t i o n miaht b e l ~t o e s t a b w m r c e a u i t a b l e balance of Dower amona t h e S t a t e s i n P r e s i d e n t i a l elections. On t h e one hand, p r o p o r t i o n a t e d i s t r i b u t i o n of e l e c - t o r a l v o t e s would reduce t h e excessive importance of l a r g e , doubtful S t a t e s i n P r e s i d e n t i a l campaigns. Because of t h e s t a k e s involved, p a r t i e s n o r c o n c e n t r a t e t h e i r gre-election a c t i v i t i e s i n t h e soc a l l e d "pivotal" S t a t e s . Under t h e proposed amendment the e l e c t o r a l t o t e s of ebe , ?::r,.t ''key" S t a t e s would not be "swung" one nay o r a n o t h e r by a small s h i f t of popular votes. The p a r t i e s would be eacourrged t o extend t h e scope of t h e i r campaigms i n o t h e r p a r t s of t h e c o u n t y . P r o p o r t i o n a t e d i s t r i b u t i o n would a l s o l e s s e n the p r e s e n t l y d i s p r o p o r t i o n a t e value placed on P r e s i d e n t i a l (and Vice P r e s i d e n t i a l ) candidates coming from t h e l a r g e , doubtful S t a t e s . I n t h e years 1900 t o 1949, ni:'m e r h a l f t h e major party P r e s i d e n t i a l candidates nn d r r m from New York o r Ohio. Such injustice to ;&:35 distribution would e l i m i n a t e t h e p o l i t i c a l S t a t e s of the present equal vote f o r a l l S t a t e s i n t h e House of Representatives. Under the presont system, the House can e l e c t a President supported by a minority of the people. I n 1824, a s a:reddy n o t e d , the House chose John Quincy Adams over Andrew J a c k s o n , d e . . p i t e Jackson's p l u r a l i t y of e l e c t o r a l votes. Small and s p a r s e l y populated S t a t e s would continue t o enjoy t h e s l i g h t advantage now enjoyed through t h e d i s t r i b u t i o n o f e l e c t o r a l votes according t o s i z e of Congressional d e l e g a t i o n . This p r e f e r e n t i a l treatment probably has ceased t o play an e s s e n t i a l r o l e i n the preservation of Federal union. However, i t i s l i k e l y t h a t the m a l l S t a t e s would o b j e c t t o l o s i n g t h e i r p r i v i l e g e and would block any amendment which would have t h a t e f f e c t . Division of e l e c t o r a l votes i n o r o ~ o r t i o nt o r e a u l a r 8. votes wouldnot t h r e a t e n the oower of t h e S t a t e s t o r e g u l a t e s u f f t a ~ e Whatever t h e v i r t u e s o r disadvantages of leaving t h e reaui rements. control of voting q u a l i f i c a t i o n s t o the S t a t e s , t h e r e i s reason t o believe t h a t no amen-nt opening t h e door t o n a t i o n a l c o n t r o l would be acceptable t o t h e necessary two-thirds of t h e Congress and t h r e e f o u r t h s of t h e S t a t e l e g i s l a t u r e s . Proposals f o r p r o p o r t i o n a t e d i s t r i b u t i o n of e l e c t o r a l v o t e s would not a l t e r e x i s t i n g S t a t e a u t h o r i t y t o determine who may vote. A m m e n t s Against P r o o o r t i o n a l Plan Those r h o oppose t h e p r o p o r t i o n a l plan claim t h a t : 1. P r o ~ o r t i o n a t ed i s t r i b u t i o n miaht not s t r e n a t h e n t h e s t r u c t u r e and Dowers of t h e n a t i o n ' s p a r t i e s , and even could have g n u n d e s i r a b l e e f f e c t on them. It i s g e n e r a l l y agreed t h a t t h e two- p a r t y system has helped t o unify t h e United S t a t e s and has enabled P r e s i d e n t s t o provide necessary l e a d e r s h i p i n s p i t e of a high degree o f dependence on Congress. By allowing minority groups t o win e l e c t o r a l v o t e s , p r o p o r t i o n a t e d i s t r i b u t i o n would g i v e minor p a r t i e s a/Becker, C a r l . The will of t h e People. Yale review (New Haven) March 1945, v. 34: 985-104: Burns, 9. c&.; Ferguson, Homer. Cong m s s i o n r l Record, Feb. 1, 1950: 1062-9; Hemens, Ferdinand A. more i n c e n t i v e t o build up s t r e n g t h than they have umder t b e present system. The provision r e q u i r i n g t h e uinniag c a n d i d a t e t o receive a t l e a s t 40 percent of t h e e l e c t o r a l v o t e would provide only a p a r t i a l d e t e r r e n t t o t h e r i s e of new p o l i t i c a l groups. s p l i n t e r i n g of p o l i t i c a l p a r t i e s would be encouraged. The The f a c t t h a t the two-party system has g e n e r a l l y s u m i v e d i n Coagressional, g u b e r n a t o r i a l , and o t h e r S t a t e and l o c a l e l e c t i o n s does not p r m e t h a t i t would endure i n d e f i n i t e l y i n n a t i o n a l e l e c t i o n s . New p a r t i e s would not have t o win the Presidency i n o r d e r t o e x e r c i s e p o l i t i c a l power; they could e x e r t g r e a t i n f l u e n c e by holding t h e bnlaace of power. Proportionate d i s t r i b u t i o n might r e s u l t i n less a c t i v i t y by the major p a r t i e s t o unify d i v e r s e p o l i t i c a l groups. Tbe e x i s t i m g e l e c t o r a l system gives the major p a r t i e s an i n c e n t i v e t o seek t h e votes of minority group$ i n key S t a t e s . It helps t o a s s u r e t h a t t h e l e g i t i m a t e i n t e r e s t s of these groups will be reptesented. As long a s both major p a r t i e s g i v e recognition t o t b e i n t e r e s t s of minority groups, t h e members of such groups have l i t t l e i n c e n t i v e t o Flaws i n new e l e c t o r a l plan. Washington P o s t , Jan. 20, 1950; Krock, Arthur, The proposed change i n counting e l e c t o r s . The New Yo* ; Paman, T i n s (New Yorlr) , Feb. 3, 1950: 22; L i p p a n n , s. Wright. Should t h e S t a t e s a b o l i s h t h e E l e c t o r a l College? No. The Rotarian (Chicago), v. 75, J u l y 1949: 24-5, 54-5; S i l v a , Ruth, Reform of t h e e l e c t o r a l system. Review of p o l i t i c s (Notre Dme), J u l y 1952, v. 14: 394-407; T a f t , Robert A. Conaressional Record, G.; Minority Feb. 1, 1950: 1298-1299; l. S . Conaress. House. 9. v i e r s by C l i f f o r d P. Case; Wechsler, The Lodge-Gossett plan, tit. ; - - P r e s i d e n t i a l e l e c t i o n s and the C o n s t i t u t i o n , 9. G.;Wilmerding, OJ. (1949); E l e c t o r a l College Refoxm, Chamber of Comnerce of t h e United S t a t e s , Sept. 1963; A Report on the Method of Electing the P r e s i d e n t and Vice P r e s i d e n t . Comnittee on Federal L e g i s l a t i o n , Assoc. of t h e Bar of t h e C i t y of New York, J a n . 1962; P r e s i d e n t i a l g l e c t i o n Methods and Urbnn Ethnic I n t e r e s t s , Allan P. S i n d l e r , 27 Law and Contemporary Problems 213, Spring, 1%2; Senate Conwni t t e e P r i n t , 1961, 9. u. =. u. a. r a l l y behind e x t r e m i s t s and f o m s p e c i a l i n t e r e s t b l o c s o r p a f l l e s . The proportional plan, by reducing the p o l i t i c a l importance of minority groups i n l a r g e , doubtful S t a t e s , would make i t p o s s i b l e f o r the major p a r t i e s t o give l e s s a t t e n t i o n t o t h e i n t e r e s t s of minor groups--whether economic, s e c t i o n a l , n a t i o n a l , r e l i g i o u s , o r racial. While some of these m i n o r i t i e s may now seem t o c m a a d than t h e i r s h a r e of n o t i c e , i t m u l d be undesirable for national u n i t y i f any of t h e s e groups were t o be s y s t e m a t i c a l l y underrepresented. 2. P r o ~ o r t i o n a t ed i s t r i b u t i o n would ~ r o v i d eno assurance t h a t t h e ~ o ~ u l will a r muld rev ail i n every P r e s i d e n t i a l e l e c t i o n . The system of d i v i d i n g e l e c t o r a l v o t e s i n proportion t o popular r o t e , i t i s argued, would not e q u a l i z e t h e v a l u e of popular v o t e s i n l a v e and small S t a t e s . The e l e c t o r a l vote, including t h e tm v o t e s f o r each Senator, would c o a t i n u e t o be weighted i n f a v o r of t h e mll S t a t e s . A simgle r o t e i n a m a l l S t a t e , where t h e a m b e r of e l a t o n l t o t e r r e l a t i v e t o population was high, would have more influence tbrn a single vote i n a l a q e State. Under some, c i n m s t a n c e s , t h e chances of a P r e s i d e n t i a l c r m d i & t e W s r i m r i n g an e l e c t i o n i n s p i t e of having a minority of t b e popular v o t e s m u l d be g r e a t e r than they a r e u n d e r t h e present system. Thismight happen i f one c a n d i d a t e received most of h i s e l e c t o r a l v o t e s f r m S t a t e s where t h e n m b e r of v o t e r s r e l a t i v e t o e l e c t o r a l v o t e s was lor. O r i t might happen where t h e v o t e i n l a r g e S t a t e s might be almost e q u a l l y divided but one p a r t y had a g r e a t e r number of m a l l "safe" S t a t e s than t h e o t h e r . In a t l e a s t two e l e c t i o n s s i n c e 1860, p r o p o r t i o n a t e d i s t r i b u t i o n wrould have given t h e P r e s i dency t o a minority candidate who was defeated under t h e present system. In 1880 Winfield S. Hancock had over 7,000 fewer v o t e s than James A. G a r f i e l d , but he would have won by a m r g i n of 6 t o 8 e l e c t o r a l v o t e s i f p r o p o r t i o n a t e d i s t r i b u t i o n bad been i n e f f e c t . I n 18%, William J e n n i n g s H q a n won l e s s than 47 p e r c e n t of the p o p u l a r v o t e t o William McKinley's n e a r l y 5: p e r c e n t , but p r o p o r t i o n a t e d i s t r i bution would have given h i m an e l e c t o r a l v o t e margin o f 6. Although Bryan c a r r i e d only 17 S t a t e s , 11 of t h e m were i n t h e S u t h . McKinley c a r r i e d 28 S t a t e s i n o t h e r s e c t i o n s o f t h e c o u n t r y , b u t under t h e p r o p o r t i o n a l system he would have l o s t many more e l e c t o r a l v o t e s o u t s i d e t h e South because o f Democratic m i n o r i t y v o t e s than he would have gained from Republican m i n o r i t y v o t e s i n t h e s o l i d l y Democratic South, and he would have l o s t t h e e l e c t i o n . I t i s argued a l s o t h a t r e f e r e n c e of c l o s e e l e c t i o n s t o both Houses o f Congress i n s t e a d of t h e House o f R e p r e s e n t a t i v e s m u l d not g u a r a n t e e more a c c u r a t e e x p r e s s l n n of t h e p e o p l e ' s wishes. Under t h e p r e s e n t system, where a m a j o r i t y of S t a t e d e l e g a t i o n s i n the House of R e p r e s e n t a t i v e s i s r e q u i r e d f o r e l e c t i o n , t h e r e can be deadlocks, and i t has been suggested t h a t one was o n l y n a r m r l y a v e r t e d i n t h e 1948 e l e c t i o n . By s p e c i f y i n g t h a t a m a j o r i t y of t h e t o t a l membership of t h e House and Senate would be n e c e s s a r y f o r election, some l e ~ i s l a t i v ep r o p o s a l s s t i l l a l l o w a t h i r d p a r t y o r a f a c t i o n of one major p a r t y t o d i c t a t e t h e r e s u l t s of t h e e l e c t i o n , i f not t o o h s t r u c t t h c d e c i s i o l a l t o g e t h e r . P r o p o r t i o n a t e d i s t r i b u t i o n would n o t , a s would a system of d i r e c t e l e c t i o n ~ n v o l v i n g some Federal c o n t r o l of t h e s u f f r a g e , reduce t h e p r e s e n t i n e q u a l i t y i n v o t i n g q u a l i f i c a t i o n s i n d i f f e r e n t States. I n t h e counting of e l e c t o r a l v o t e s , no p e n a l t y would be a t t a c h e d t o low v o t i n g p a r t i c i p a t i o n . imreamxi v a r i a t i o n s and r e s t r i c t i o n s . The amendment might l e a d t o S t a t e l e g i s l a t u r e s i n "sure" S t a t e s might seek t o r e s t r i c t v o t i n g by t h e m i n o r i t y i n o r d e r t o safeguard t h e power of t h e dominant party. 3. Same ~ r o b l a smight be c r e a t e d bv t b e a b o l i t i o n of Presidential electors. I n t h e p a s t e l e c t o r s have a t times introduced a u s e f u l e l a e n t of f l e x i b i l i t y i n t o t h e e l e c t i o n process. I n 1912, Theodore b o s e ~ e l t ' se l e c t o r s could d e c l a r e before t h e e l u t i o n t h a t i f P o o s e v t l t c o u l d not win they would v o t e f o r T a f t a g a i n s t Wilson. If e l e c t o r r l v o t e s =re n t a i n e d purely f o r counting purposes, i t would not be p o s s i b l e t o make such ctmoitments. Abolition of e l e c t o r s , which some proposals call for, could p o s s i b l y r e s u l t i n t h e e l e c t i o n of P r e s i d e n t and Vice-president fras s e p a r a t e p a r t i e s . Nor one s e t of e l e c t o r s i s e l e c t e d t o choose both P r e s i d e n t and Vice-president. It i s a p r a c t i c a l i m p o s s i b i l i t y f o r t h e two t o belong t o d i f f e r e n t p a r t i e s . Under t h e proposed a m e n h e n t , t h e S t a t e s would be p e n n i t t e d t o have s e p a r a t e b a l l o t s f o r P r e s i d e n t and Vice-president. The e l e c t o r a l v o t e s f o r t h e c h i e f e x e c u t i v e and v i c e - p r e s j d e n t would be counted s e p a r a t e l y . To e l i m i n a t e t h e chance of having winning candidates from d i f f e r e n t p a r t i e s , i t would be necessary f o r Congress o r t h e C o n s t i t u t i o n t o r e q u i r e j o i n t b a l l o t i n g f o r t b e two o f f i c i a l s . 4. Prooortionate d i s t r i b u t i o n miaht a i v e undue p o l i t i c a l importance t o a r e a s having t h e l e a s t population r e l a t i v e t o e l e c t o r a l votes. - I f t h e present system tends t o overvalue the importance of t h e l a r g e r , doubtful S t a t e s , i t a t l e a s t g i v e s e x t r a a t t e n t i o n t o t b e s e c t i o n s of t h i s country where t h e s i z e of t h e voting population r e l a t i v e t o e l e c t o r a l votes i s g r e a t e s t . I n reducing t h e importance of t h e l a r g e - e l e c t o r a t e S t a t e s , proportionate d i s t r i b u t i o n might t u r n t h e emphasis excessively t o small S t a t e s where considerable n m b e r s of e l e c t o r a l votes could be won by r e l a t i v e l y few popular votes. The plan could well magnify t b e e f f e c t of unequal v o t e r p a r t i c i p a t i o n and place a premim on keeping t h e v o t e r turnout low i n one-party States. It would provide l i t t l e i n c e n t i v e f o r t h o s e with lor rotimg p a r t i c i p a t i o n t o broaden s u f f r a g e o r r e l a x r e s t r i c t i o n s on voting. Adoption of the plan could well change t h e e x i s t i e g p o l i t i c a l balance i n t h e e l e c t o r a l vote between t h e l a r g e populous S t a t e s and o t h e r s . Under the e x i s t i n g system the u n i t - r u l e advantage of t h e l a r g e S t a t e s i s balanced by t h e "three vote minimun" requirement which g i v e s small S t a t e s t h r e e e l e c t o r a l votes r e g a r d l e s s of populat i o n , and by t h e "population basis" f a c t o r which awards e l e c t o r a l votes above the minimum of t h r e e on the basis of population without regard t o the number of popular votes c a s t i n t h e S t a t e . The pro- portional plan would upset t h i s balance by e l i m i n a t i n g the u n i t - r u l e advantage of t h e populous S t a t e s while having no e f f e c t on t h e tm, b u i l t - i n f a c t o r s which a r e advantageous t o t h e l e a s t populous and low v o t e S t a t e s , some of which a r e s u b s t a n t i a l l y one-party. 5. Under p r o p o r t i o n a t e d i s t r i b u t i o n , t h e S t a t e s a e n e r a l l p would have less i m ~ o r t a n c ea s u n i t s i n t h e e l e c t i o n Process. Now a S t a t e i s " e a r r i e d " by one p a r t y o r another, and S t a t e p o l i t i c a l o r g a n i z a t i o n s may win porrer aed p r e s t i g e on t h e s t r e n g t h of having "delivered" a S t a t e t o t h e i r P r e s i d e n t i a l candidate. It t a n be argued t h a t t h i s h e l p s t o maintain a d e s i r a b l e d i s p e r s i o n and h e n t r r l i z a t i o n of p o l i t i c a l porrer i n t h e United S t a t e s . With t h e elec- t o r a l v o t e s of t h e S t a t e s divided percentage-wise between t h e v a r i o u s u a d i d a t e s , t a p e z i n g groups i n t h e S t a t e s would probably tend t o be merged i n n a t i o n a l groups. S t a t e p a r t y o r g a n i z a t i o n s would be unable t o claim c r e d i t f o r any more e l e c t o r a l v o t e s than they could win by t h e i r share of t h e popular vote. P r o p o r t i o n a t e d i s t r i b u t i o n might cause campaigns t o be organized too e x c l u s i v e l y on a n a t i o n a l b a s i s . The present s y s t e e encourages campaigning on a State-by-State b a s i s . This has been only p a r t l y q u a l i f i e d by t h e i n c r e a s e i n nation-wide discussion of i s s u e s on r a d i o and t e l e v i s i o n . P r e s i d e n t i a l campaigns a r e c l o s e l y t i e d i n with g u b e r n a t o r i a l , Senate and o t h e r S t a t e campaigns. It can be argued t h a t campaigns o r i e n t e d around S t a t e s may sometimes take i s s u e s t o t h e people more e f f e c t i v e l y than campaigns d i r e c t e d toward t h e whole country. 6. g The p r e s e n t svstem mav not be an u m i t i a a t e d e v i l . After a bitterly- fought e l e c t i o n campaign, an appearance of nation-wide backing, counted by S t a t e s , may help t o win g e n e r a l a c c e p t a n c e f o r t h e v i c torious candidate. Under p r o p o r t i o n a t e d i s t r i b u t i o n t h e winner m u l d almost never have more than e b a r e m a j o r i t y of e l e c t o r a l v o t e s . In a s u b s t a n t i a l n m b e r of c a s e s (and under t h e 40 p e r c e n t r e q u i r e ment) h e would probably have o n l y a p l u r a l i t y . 7. An amenbent ~ r o v i d i n af o r s r o ~ o r t i o n a t ed i s t r i b u t i o n miaht lead t o t h e i n t r o d u c t i o n of t h e d i r e c t e l e c t i o n of t h e P r e s i d e n t o r t o Federal c o n t r o l over v o t i n a standards. I t i s not impossible t h a t t h e amendment m u l d prove an "opening wedge" f o r more d r a s t i c Various s u p p o r t e r s of t h e p r o p o r t i o n a l p l a n have a t h i t t e d changes. t h a t they m u l d have favored d i r e c t e l e c t i o n i n s t e a d of p r o p o r t i o n a t e d i s t r i b u t i o n i f they had believed t h a t such an a m e n h e n t would be a c c e p t a b l e t o t h e necessary nwtber of Congressmen and S t a t e l e g i s l a tures. While e i t h e r d i r e c t e l e c t i o n o r Federal c o n t r o l over v o t i n g q u a l i f i c a t i o n s might have c e r t a i n advantages, t h e r e a r e important o b j e c t i o n s t o both of them. 8. P r o p o r t i o n a t e d i s t r i b u t i o n of e l e c t o r a l v o t e s miaht conceivablv l e a d t o p r e s s u r e f o r p r o o o r t i o n a l r x r e s e n t a t i o n i n Conaress. Now almost a l l Members o f t h e House of R e p r e s e n t a t i v e s a r e chosen in singlemember d i s t r i c t s , with a p l u r a l i t y of p o p l a r v o t e s required f o r election. This sytem discourages t h e growth of small p a r t i e s , g i v e s t h e major p a r t i e s an i n c e n t i v e t o absorb d i s s i d e n t groups, and makes t h e e l e c t e d Representatives d i r e c t l y r e s p o n s i b l e t o a geographically-delimited group of c o n s t i t u e n t s . amen-nt I f t h e propbstd gave e l e c t o r a l v o t e s t o a small p a r t y which could n@t e l e c t a Member t o Congress, t h e small p a r t y might be encouraged t o -and t h a t S t a t e Congressional d e l e g a t i o n s be divided according t o t h e number of popular v o t e s received by v a r i o u s p a r t i e s i n t h e S t a t e . P r o p o r t i o n a l r e p r e s e n t a t i o n rrould permit t h e growth of small and perhaps i r a o d e r a t e p a r t i e s . It would involve a s h i f t from s i n g l e t o m u l t i p l e member d i s t r i c t s and a l e s s d i r e c t r e l a t i o n s h i p between member and c o n s t i t u e n t . 9. The C o n s t i t u t i o n . a s t h e fundamental law of t h e i t i s c e r t a i n t h a t t h e g e n e r a l w e l f a r e will b e n e f i t a s a r e s u l t . The p r e s e n t method of e l e c t i n g t h e President has been reasonably satisfactory. While p r o p o r t i o n a t e d i s t r i b u t i o n would e l i m i n a t e some of t h e r i s k s i n h e r e n t i n t h e e x i s t i n g system, i t would i n t r o duce new dangers. I n a c l o s e e l e c t i o n where votes might be c h a l - lenged and recounted, computations of proportions would be complic a t e d and the r e s u l t might hang i n doubt f o r weeks. Any system which l e a v e s t h e v o t e u n c e r t a i n f o r t h e ordinary v o t e r f o r any apprec i a b l e length of time could undennine public confidence i n t h e outcome. If t h e present method must be amended i t m u l d be b e s t t o devise a c l e a r l y d e s i r a b l e a l t e r n a t i v e . Automatic Svstem The f o u r t h approach would provide f o r t h e a u t m t i c o p e n t i o n of t h e e x i s t i n g e l e c t o r a l c o l l e g e system by amending t h e Constit u t i o n t o r e t a i n t h e c o l l e g e but a b o l i s h t h e o f f i c e of e l e c t o r . This would a b o l i s h independent voting by P r e s i d e n t i a l e l e c t o r s and e r a s e t h e problem of attempting t o c r e a t e binding s y s t m s . A candi- d a t e winning t h e highest n u b e r of popular v o t e s i n a S t a t e rould automatically be c r e d i t e d with a l l t h e e l e c t o r a l v o t e s f r a t h a t State. A majority of t h e whole nlrnber of e l e c t b r a l c o l l e g e v o t e s w u l d , a s now, be necessary f o r e l e c t i o n t o t h e Presidency and VicePresidency. Voters i n each S t a t e would c a s t a s i n g l e b a l l o t f o r P r e s i dent and Vice-president. The proposal provides t h a t i n t h e absence of a r e c e i p t of a majority of e l e c t o r a l votes by a candidate f o r P r e s i d e n t , t h e s e l e c t i o n s h a l l be made by t h e Senate and the House meeting j o i n t l y w i t h each member having one vote, from the t h r e e candidates with t h e highest e l e c t o r a l votes. The candidate of the t h r e e who receives the g r e a t e s t number of votes i n the Senate and House in j o i n t session would be e l e c t e d President. This i s known a s the "minimal" proposal s i n c e i t would e f f e c t the l e a s t change i n the present system of e l e c t o r s and t h e e l e c t o r a l college. I t does, however, meet two of t h e major c r i t i - cisms l e v e l e d a t t h e p r e s e n t system. I t e l i m i n a t e s t h e "independent" e l e c t o r (and t h e p o s s i b i l i t y of i n d i v i d u a l S t a t e s changing t h e method of appointing t h e i r e l e c t o r s ) , and i t a l t e r s t h e method of s e l e c t i n g t h e P r e s i d e n t i f an e l e c t i o n i s thrown i n t o t h e Congress, t h e s o - c a l l e d "contingent e l e c t i o n . " Like t h e o t h e r proposals i t e l i m i n a t e s e l e c t i o n by t h e House of Representatives with each S t a t e having one vote. I t does preserve t h e u n i t - r u l e , however, and a c t u a l l y "freezes" i t i n t o t h e C o n s t i t u t i o n , changing i t from a m a t t e r of c u s t a a t o a c o n s t i t u t i o n a l mandate. A proposal of t h i s s o r t was f i r s t introduced by Represen- t a t i v e Haynes of Georgia i n 1826. I n r e c e n t c o n g r e s s e s v a r i o u s versions have been introduced d i f f e r i n g p r i m a r i l y i n p r o v i s i o n s respecting t h e percentage of e l e c t o r a l votes necessary f o r e l e c t i o n and i n t h e method of s e l e c t i o n of a P r e s i d e n t i n t h e absence of an e l e c t o r a l v o t e majority. Argments i n Favor of t h e Automatic Plan 1. 3d The Automatic Plan r e q u i r e s t h e l e a s t change i n t h e p r e s e n t c o n s t i t u t i o n a l system. The p r e s e n t system undoubtedly 3 0 1 For c a s e n t s see: House Doc. 64, 8 9 t h Cong., p. 4. The Message of P r e s i d e n t Johnson on t h e proposal; Senate J u d i c i a r g 87th Congress, 1%1, P a r t 2, C m i t t t e h e a r i n g s , a. pp. 364, e t seq., stat-nt by t h e then Ass't Attorney General Katzeobath; Senate J u d i c i a r y Coamittee, w i t t e e P r i n t , a. 8 7 t h C a a g n s s , 1%1; A Report on t h e Method of E l e c t i n g t h e P r e s i d e n t and Vice P r e s i d e n t , by t h e C o m i t t e e on Federal Legisl a t i o n , A s s o c i a t i o n of t h e Bar of t h e C i t y of New York, 1962 (endorsing t h e proposal) ; E l e c t o r a l College Reform, C h r b e r of C m e r c e of t h e United S t a t e s , S e p t . , 1963; The E l e c t o r a l College: Old &forms Take on a New Look, Sen. E s t e s Kefauver, 2 7 b r and Contearporary Problems, 188, a t pp. 207-212; Wilmerding, a. &., a., u., has i t s f l a w s but t h e p r e s e n c e of some f l a w s i s no reason f o r rep l a c i n g an e n t i r e system which by and l a r g e has s e r v e d t h e n a t i o n w e l l through many changes from a small a g r a r i a n n a t i o n t o an indust r i a l giant. I t would be somewhat p r e s m p t o u s t o a l t e r such a s y s t m w i t h an e n t i r e l y new and wholly u n t r i e d system which c o u l d c a u s e u n t o l d damage i n t h e h i g h l y complex and r e a l l y l i t t l e unders t o o d p o l i t i c a l system we have today. 2. The Automatic P l a n embodies changes which a l l e v i a t e t h e f l a w s most r e a d i l y a p p a r e n t i n t h e presen-f. system wbile p r e - s e r v i n a t h a t p o r t i o n of t h e system which has s e r v e d s o well f o r SO long. Acbnitting t h a t t h e s y s t m needs some change, t h e a u t o m a t i c system has t h e advantage o f a b o l i s h i n g t h e o f f i c e of e l e c t o r b u t a t t h e same time p r e s e r v i n g t h e e l e c t o r a l v o t e system o f e l e c t i n g t h e P r e s i d e n t which o v e r t h e many changing c o n d i t i o n s t h a t t h i s n a t i o n has survived has r e a l l y f a l l e n s h o r t only ont- time i n t h e Hayes-Ti lden c o n t r o v e r s y . , pp. 169-212; Remarks by Sen. Kennedy (Mass. 1 , 102 Cong. Rec. 5159, 52%. March 21, 1956, Sen. Payne, 102 Cong. R P C . 5654-5656, l l r r c h 27, 1956, Sen. A l l o t t , 102 Cong. Rec. 5660-5662, March 27, 1956; Remarks by Rep. B a n d s t r a , Daily Cong. Rec., Feb. 17, 1965, pp. 2857-2859; J . Hampden Dougherty, The E l e c t o r a l System of t h e United S t a t e s , 1906, Chap. XI; A s s o c i a t i o n o f Bar of t h e C i t y of Nerr Yo*, Report o f C o a a i t t e e on F e d e r a l L e g i s l a t i o n . Proposed C o n s t i t u t i o n a l Amenchitent Abolishing E l e c t o r a l C o l l e g e and Making O t h e r Changes i n E l e c t i o n o f P r e s i d e n t a a d Vice P r e s i d e n t , ' V o l . 4 , R u l l . 3, J u l y , 1965, p. 121; Leave t h e C o l l e g e Alone. G e r a l d W. Johnson. The New Republic, Vol. 144, J a n . 9, 1%1: 22; The V i r g i n i a C m i s s i o n on ' C o n s t i t u t i o n a l Govenrment, "Refom t h e E l e c t o r a l C o l l e g e , No," May, 1966; B i c k e l , Alexander M., 'The Case f o r t h e E l e c t o r a l C o l l e g e , " New Republic, J a n u a r y 28, 1967, pp. 15-16; B i c k e l , Alexander H . , " I s E l e c t o r a l Reform t h e Ansrrer?," Coamenta , Decsaber 1968, pp. 41-51, Vol. 46, No. 6 ; K r i s t o l , ~ r v d a r e r P,a u l , "A Bad I d e a whose Time h a s Coae," New York Times Magazine, November 23, 1969, pp. 43, 146157. By g i v i n g each Member of Congress a v o t e i n t h e e v e n t 3. of t h e e l e c t i o n going o v e r i n t o Congress t h e automatic system prov i d c s f o r a w i c k democratic method of r e s o l v i n g c l o s e e l e c t i o n disputes. The runoff system of s e l e c t i n g a P r e s i d e n t i n c l o s e e l e c t i o n s i s f r a u g h t w i t h p e r i l i n t h e forms of f r a u d , t h i r d p a r t y maneuvering, lack of c e r t a i n t y and wear and t e a r on candidates, but with t h e e l e c t i o n going t o a j o i n t s e s s i o n of Congress immediately a f t e r i t h a s been determined t h a t no c a n d i d a t e r e c e i v e d a m a j o r i t y o f e l e c t o r a l v o t e s c a s t t h e e l e c t i o n i s decided w i t h t h e utmost dispatch. When an e l e c t i o n i s t h i s c l o s e i t i s probably more important t o d e c i d e t h e i s s u e q u i c k l y than anything e l s e . 4. The Automatic P l a n would e l i m i n a t e t h e p o s s i b i l i t y of t h e " f a i t h l e s s e l e c t o r " w h i l e p r e s e r v i n g t h e e l e c t o r a l v o t e s y s t m of electing the President. One of t h e primary complaints a g a i n s t t h e p r e s e n t system i s t h e p o s s i b i l i t y of the e l e c t o r t h a t r e f u s e s t o v o t e t h e same a s h i s s t a t e did. The d e b a t e surrounding t h e c o u n t i n g of t h e v o t e of an e l e c t o r from North C a r o l i n a f o r George Wallace when t h a t S t a t e gave a p l u r a l i t y o f i t s v o t e t o Richard Nixon i l l u s t r a t e s t h e n e c e s s i t y f o r r e s o l v i n g t h e problem of t h e i n d e p e n d e n t l y minded e l e c t o r . Adoption o f t h e Automatic P l a n would s o l v e t h i s dilemma by a u t o m a t i c a l l y g i v i n g t h e S t a t e ' s e l e c t o r a l v o t e t o t h e c a n d i d a t e t h a t c a r r i e d i t , t h e r e b y bypassing t h e now a r c h a i c o f f i c e of e l e c t o r . 5. I n p r e s e r v i n g t h e p r e s e n t e l e c t o r a l v o t e system o f e l e c t i n g t h e P r e s i d e n t , t h e Automatic P l a n would, i n e f f e c t , be p r e s e r v i n g o u r f e d e r a l system o f government. . Our f e d e r a l system of government has served us long and w e l l through many e r a s o f various v i c i s s i t u d e s . To d i s c a r d i t i n t h e a r e a of p r e s i d e n t i a l e l e c t i o n s f o r an u n t r i e d and u n t e s t e d system would be t a k i n g t h e most f o o l i s h s o r t of r i s k , a r i s k t h a t need n o t be taken. The c r y of "one man, one vote" should not be allowed t o rush us i n t o making b a s i c changes i n o u r form of govermment. Simple m a j o r i - t a r i a n i s m h a s never r e i g n e d supreme i n t h i s t h e most d e m o c r a t i c of n a t i o n s . Often i t t a k e s t w o - t h i r d s o r even t h r e e - f o u r t h s t o accomplish t h e w i l l of t h e m a j o r i t y i n o u r form of government. Are t h e s e t o be overcome a l s o ? The f e d e r a l system i s a c l e a r r e c o g n i t i o n of t h e m u l t i t u d e of f a c t o r s t h a t muse be taken i n t o c o n s i d e r a t i o n when one c o n s i d e r s how t o govern one of t h e w o r l d ' s largest nations. Each S t a t e has received s p e c i a l c o n s i d e r a t i o n by v i r t u e of simply being a S t a t e ( i . e . , two s e n a t o r s and a t l e a s t t h r e e votes i n the e l e c t o r a l college). T h i s f a c t has h e l p e d p r e s e r v e t h e i n t e g r i t y of t h e S t a t e governments and t h e v i a b i l i t y of o u r country. 6. The Automatic P l a n by providing f o r e l e c t i o n by t h e Members o f t h e House and t h e Senate w i t h each Member having one vote when no c a n d i d a t e r e c e i v e s t h e r e q u i r e d number of e l e c t o r a l v o t e s . allows g r e a t e r freedom i n v o t i n g than t h e p r e s e n t system of limit in^ each S t a t e t o e i t h e r one v o t e o r none i n t h e e v e n t of disagreement. Another admitted f l a w i n t h e p r e s e n t system i s t h a t of l i m i t i n g each S t a t e t o one v o t e i n the event t h a t t h e e l e c t i o n i s thrown i n t o t h e House. Adoption of t h e a u t o m a t i c p l a n w i t h p r o v i s i o n f o r e l e c t i o n by t h e S e n a t e and t h e House with each member having one v o t e i n t h e e v e n t no c a n d i d a t e r e c e i v e s t h e r e q u i r e d n ~ b e of r e l e c t o r a l v o t e s makes such an e l e c t i o n much more democratic, h i le at t h e same time, i t p r e s e r v e s t h e f e d e r a l a s p e c t of such e l e c t i o n . T h i s would o b v i a t e t h e need f o r a runoff e l e c t i o n t h a t would b e r e q u i r e d by most d i r e c t e l e c t i o n p l a n s w i t h a l l of i t s i n h e r e n t f l a w s and weaknesses. 7. Enactment o f t h e Automatic P l a n would p r e s e r v e t h e two P a r t y system which h a s l e n t so much s t a b i l i t y t o o u r n a t i o n . Our p r e s e n t two p a r t y system i s a d i r e c t outgrowth o f t h e p r e s e n t system o f e l e c t i n g t h e P r e s i d e n t . I t i s a r e s u l t of adaptation t o t h a t system, a v e r y d e m o c r a t i c r e s u l t , a compromise. Early i n o u r h i s t o r y o u r l e a d e r s d i s c o v e r e d t h a t under t h e system t h a t t h e y had developed two p a r t i e s were a l l t h a t c o u l d manage t o s u n r i v e and s t i l l m a i n t a i n any s o r t o f e f f e c t i v e n e s s . Thus comprtxnise be- came t h e modus operandi o f our.government and i t h a s s e r v e d us well t o t h i s day. Any s e v e r e o r r a d i c a l change i n o u r method o f s e l e c t i n g o u r P r e s i d e n t must, o f n e c e s s i t y , change t h e p o l i t i c a l a r e n a i n which such s e l e c t i o n t a k e s p l a c e . Probably t h e f i r s t i n s t i t u t i o n t o s u f f e r t h e n w i l l be t h e two p a r t y system, a system which though h i g h l y workable e n j o y s no c o n s t i t u t i o n a l s a n c t i o n s but r a t h e r i s a r e s u l t o f t h e C o n s t i t u t i o n and t h e manner i n a i c h i t operates i n practice. 8. Adoption of t h e Automatic P l a n would n o t n e c e s s a r i l y n e c e s s i t a t e wholesale changes i n S t a t e e l e c t i o n laws o r a m a s s i v e i n t e r v e n t i o n i n such a r e a by t h e f e d e r a l a o v e m e n t a s would The a u t o m a t i c system would p r e s e r v e a n o t h e r a t h e r proposed changes. a s p e c t of t h e f e d e r a l system, t h a t - o f S t a t e c o n t r o l of t h e e l e c t o r a l p r o c e s s w i t h i n l i m i t s e s t a b l i s h e d by t h e C o n s t i t u t i o n . Though a t times much maligned, S t a t e c o n t r o l o v e r t h e e l e c t i o n p r o c e s s i s not without i t s v i r t u e s . As J u s t i c e B r a n d e i s s a i d i n h i s d i s s e n t i n New S t a t e I c e Co. v. L i e h a n n , 285 U.S. 262, 311 (19391, "It i s one o f t h e happy i n c i d e n t s of t h e f e d e r a l system t h a t a s i n g l e courageous S t a t e may, i f i t s c i t i z e n s choose, s e r v e a s a l a b o r a t o r y ; and t r y novel s o c i a l and economic experiments w i t h o u t r i s k t o t h e r e s t of t h e country." Federal control over a l l aspects of e l e c t i o n s can l e a d t o a m o n o l i t h i c s t a g n a n t p r o c e s s of conducting e l e c t i o n s . A p r o c e s s t h a t recognizes no s t a n d a r d o t h e r than i t s own and c o n s e q u e n t l y i s unamenable t o change. 9. The Automatic P l a n would p r e s e r v e t h e p r e s e n t conrpo- s i t i o n of t h e P r e s i d e n t ' s c o n s t i t u e n c y . The p r e s e n t combination of c i r c u m s t a n c e s and e l e c t o r a l v o t e r e s u l t i n t h e P r e s i d e n t r e p r e s e n t i n g a d i f f e r e n t c o n s t i t u e n c y than does e i t h e r t h e House o r t h e Senate. T h i s d i f f e r e n t c o n s t i t u e n c y i s composed l a r g e l y o f b l o c v o t e r s and i n t e r e s t groups i n t h e s o - c a l l e d "swing" S t a t e s where a l a r g e number of e l e c t o r a l v o t e s i s a v a i l a b l e and t h e r e i s g e n e r a l l y a f a i r l y c l o s e vote. Such c o n s t i t u e n c y , h e r e t o f o r e u n d e r r e p r e s e n t e d , has an i n c r e a s i n g l y s t r o n g v o l c e i n governmental a f f a i r s due t a t h e reapportionment of S t a t e s and t h e i r v a r i o u s e l e c t e d o f f i c i a l s , but s t i l l they r e l y heavily on t h e P r e s i d e n t t o bring t h e i r c a s e before the n a t i o n . 10. Adoption of t h e Automatic P l a n would, even i n c l o s e e l e c t i o n s . continue t o g i v e t h e appearance of a mandate t o t h e elected candidate. Adoption of t h e Automatic Plan would p l a c e i n t h e C o n s t i t u t i o n t h e p r e s e n t g e n e r a l p r a c t i c e of S t a t e s v o t i n g by u n i t r u l e , a p r a c t i c e i n which when a c a n d i d a t e r e c e i v e s a p l u r a l i t y of a S t a t e ' s popular v o t e he r e c e i v e s a l l of t h e e l e c t o r a l vote. Two of t h e l a s t t h r e e p r e s i d e n t i a l e l e c t i o n s have been ex- tremely c l o s e i n popular vote. Yet when t h e e l e c t o r a l v o t e s were counted t h e winning c a n d i d a t e had a t l e a s t t h e appearance o f a popular mandate. Though i t may be a mandate i n appearance only, ~t does lend some semblance of p o p u l a r i t y t o t h e incoming aclnini s t r a t i o n , a t l e a s t more than a 100,000 v o t e p l u r a l i t y would. Argunents Against t h e Autanatic Plan 1. The A u t m a t i c Plan does not achieve reform i n depth and adoption of i t a s a c o n s t i t u t i o n a l amenciaent would f o r e v e r s t i f l e any f u r t h e r attempts t o achieve refonn i n t h i s a r e a . The reforms proposed by t h e Automatic Plan a r e both too l i t t l e and too l a t e . P r e s e r v a t i o n of t h e outmoded e l e c t o r a l v o t e system though coupled with a b o l i t i o n of t h e o f f i c e of e l e c t o r i s not nearly s u f f i c i e n t t o c u r e t h e many i n j u s t i c e s i n h e r e n t i n t h e use of t h e e l e c t o r a l vote system. Now when t h e r e i s s u f f i c i e n t impetus t o achieve l a s t i n g and meaningful refonn i s not t h e time t o s e t t l e only f o r l a s t i n g r e f o m . 2. The Automatic P l a n f r e e z e s i n t o t h e C o n s t i t u t i o n t h e u n i t r u l e which i s used p r e s e n t l y t o e l i m i n a t e e f f e c t i v e l y a l l votes c a s t f o r a losing candidate i n a S t a t e . The u n i t r u l e i s one of t h e more a r c h a i c i n j u s t i c e s i n o u r e l e c t i o n law. By g i v i n g t o t h e winner of a p l u r a l i t y i n a S t a t e a l l o f t h e e l e c t o r a l v o t e s of a S t a t e t h e v o t e s o f a l l t h o s e who d i d n o t s u p p o r t t h e winner i n t h e S t a t e a r e c a n c e l l e d o u t and have no f o r c e and e f f e c t i n t h e e l e c t i o n i n t h e n a t i o n a s a whole. 3. P r e s e r v a t i o n o f t h e e l e c t o r a l v o t e system c o n t i n u e s t h e p o s s i b i l i t y of e l e c t i n a a m i n o r i t y P r e s i d e n t . Inherent i n t h e p r e s e n t system o f e l e c t i n g t h e P r e s i d e n t and t h e proposed Automatic P l a n i s t h e d i s t i n c t p o s s i b i l i t y of e l e c t i n g a P r e s i d e n t who has r e c e i v e d fewer v a t e s than h i s opponent. The "winner-take- a l l " a s p e c t of t h e u n i t r u l e of t h e Automatic P l a n has g i v e n us m i n o r i t y P r e s i d e n t s i n t h e p a s t and may v e r y w e l l do s o a g a i n i n the future. 4. The Automatic P l a n d i s t o r t s t h e e l e c t o r a t e i n t h a t i t t i p s t h e s c a l e s i n f a v o r o f t h e l a r g e urban a r e a s . The u n i t r u l e has t r a d i t i o n a l l y encouraged c o n c e n t r a t i o n on t h e S t a t e s w i t h l a r g e p o p u l a t i o n s a s a s o u r c e of p a r t y c a n d i d a t e s because of t h e l a r g e e l e c t o r a l v o t e of t h e s e S t a t e s . I t f u r t h e r gives a dis- p r o p o r t i o n a t e amount o f i n f l u e n c e t o homogeneous groups w i t h i n t h e s e l a r g e l y heterogenous l a r g e S t a t e s . 5. The Automatic P l a n works a s a i n s t p o l i t i c a l a c t i v i t y i n t h o s c S t a t e s c o n s i d e r e d " s a f e " by t h e p o l i t i c a l p a r t i e s . Be- c a u s e many v o t e r s c o n s i d e r t h e i r v o t e s l o s t when t h e y v o t e f o r a p a r t y t h a t i s known t o c o n s i s t e n t l y t a l l y l e s s t h a n a m a j o r i t y o r p l u r a l i t y i n a S t a t e t h e s e v o t e r s do not b o t h e r t o go t o t h e p o l l s a t a l l and t h e d e m o c r a t i c p r o c e s s s u f f e r s because of t h i s loss. A d d i t i o n a l l y , t h o s e who a r e members of t h e m a j o r i t y p a r t y a l s o s u f f e r from t h i s ennui brought about by a s t a g n a n t p o l i t i c a l si tuntion. 0 as Thcb Automatic P l a n would g i v e a f a l s e i m p r e s s i o n t o the. a c t u a l vott. r e t u r n by use of t h e u n i t r u l e . The u n i t r ~ r l t ,tlc.c.c-ives t h 1 1 o u h l i c a s t o t h e a c t u a l r e s u l t s of an e l e c t i o n . Hy !jlvln!l t h e imorc.ssion o f a f a l s e mandate t h e p u b l i c i s d e c e i v e d and i l woultl he f a r b e t t e r t o have t h e p u b l i c aware o f t h e v e r y n;lrrolq margins hy which somtt p r e s i d e n t i a l e l e c t i o n s a r e won.. T . P a r t i c i p a t i o n i n p r e s i d e n t i a l e l e c t i o n s by c i t i z e n s o f t h c t s m a l l f * r St.atcbs i s d i s c o u r a g e d by t h e Automatic P l a n because thfby arcb awarcs t h a t t h e i r vot.es w i l l o n l y i n f l u e n c e a s m a l l number o f ~ l e c t o r a l v o t ~ s . C i t i z e n s of small S t a t e s c a n n o t h e l p but be ilkarc' t h a t n o mat t v r how s t r e n u o u s t h e i r e f f o r t s may be on t h e 1);lrt o f a canciidatcb t h a t t h e y can o n l y i n f l u e n c e a r e l a t i v e l y s m a l l numbf,r o f e l c r t o r a l v o t v s and t h i s same f e e l i n g of disenchantment must of n r c e s s i t g be r e f l w t e d i n t h e p o t e n t i a l v o t e r s ' p a r t i c i p a tlon in the actual election. 8. The Automatic P l a n would r e t a i n t h e p r e s e n t outmoded and i n e q u i t a b l e system d i s t r i b u t i o n o f e l e c t o r a l v o t e s by g i v i n g each S t a t e a minimum number of such v o t e s . One o f t h e more un- d e m o c r a t i c a s p e c t s of o u r p r e s e n t system o f e l e c t i n g a P r e s i d e n t i s t h a t of g i v i n g each S t a t e a t l e a s t t h r e e ( 3 ) e l e c t o r a l v o t e s no m a t t e r how small i t s p o p u l a t i o n i s a d e f i n i t e r e l i c of t i m e s p a s t and today s e r v e s o n l y t o d i s f r a n c h i s e o t h e r c i t i z e n s . VII. Proposals In The 94th, 95th, 96th, 97th, And 98th Congresses Reform The Present Method Of Electing The President And Vice President A. To -- Senate And House Joint Resolutions Introduced During The 94th --Congress Dealing With The Election Of The President And Vice President -- -- -- (1975-1976) PROPOSED METHODS OF ELECTION Most proposals now before Congress call for a constitutional amendment which would effect a basic r e f o r m in the method by which the R e s i d e n t and Vice President a r e elected. These proposals fall into four categories s e t forth below. In each case, the bill number of the proposal will be given, along with the name of the sponsor and the date of introduction. DISTRICT P L A N Under the district plan, the electoral college would be preserved, with each State choosing a number of electors equal to the number of Senators and Representatives to which the State is entitled in Congress. However, the electors would be chosen by the voters from d i s t r i c t s created within each State, and in addition two at-large electors would be chosen for each State. The winner-take-all aspects of the present system would thus be eliminated because a candidate would be credited with only those district votes that he actually won. Further, in contrast to the present method, the candidates f o r the office of Presidential elector would be required to declare for whom they will cast their votes for President and Vice President and such declaration will be binding. - H, J. Res. 206 (Derwinski, 2/10/75)and H. J. Res. 875 Two proposals (Conable, 3/18/76) call for the creation of such a system for the election of the President, and would make the following additional changes: Percentage of electoral vote required to win: Majority T i e vote in electoral college: Person with the greatest number of elect o r a l district votes, r a t h e r than at-large electoral votes would win. Senate and House of RepresentaRequired: tives chooses President and Vice President from persons with three highest number of votes. Voter Qualifications: Same qualifications requisite for the e l e c t o r s of the most numerous branch of the State Legislature. Manner of holding elections in States: Congress will determine. PROPORTIONAL PLAN Under the proportional plan, the electoral college would be abolished, but the electoral vote would be retained, The electoral vote in each State would be apportioned among Presidential candidates according to the number of popular votes received, thereby eliminating the present winnertake-all system. H.J. Res. 601 (Ginn, 7 /3O/76) proposes such a system, while S. J. Res. 108 (Brock, 7/16/75) proposes a modified proportional plan. S. J. Res. 108 would abolish the electoral college, but one elector would be elected from each congressional district, with two being elected at l a r g e f r o m each State. H. J. Res. 601 proposes a plan which would operate a s follows: Percentage of vote required to win: 40% Required percentage not attained: Congress chooses President. Voter Qualifications: Same qualifications requisite for the electors of the most numerous branch of the State Legislature. Place, time, manner of holding election in States: Congress w i l l det e r m i n e the day of the election, which must be uniform throughout the United States, but State legislatures determine the time, place, and manner. AUTOMATIC ELECTORAL VOTE PLAN Under this plan, the office of Presidential elector and the Electoral College would be abolished but the electoral votes of each State would be retained. According to this method, the electoral vote of each State would automatically be awarded to the candidate receiving the greatest number of popular votes for President in that State. Thus, a s in the present system, the winner of the greatest portion of the popular vote would be credited with all of the electoral votes of the State. It appears that no bills proposing this plan have been introduced during the 94th Congress. DIRECT ELECTION PLAN Under the direct election plan, the Electoral College and the electoral vote system would be abolished. Instead, the President and Vice P r e s i dent would be elected by direct popular vote cast throughout the United States. Several proposals now pending in Congress would c r e a t e a system whereby the President and the =ce President would be elected directly. These proposals are: S. J. Res. I* H. J. Res. 3 H.J. Res. 2 2 H. J. Res. 35 H. J. Res. 38 H. J. Res. 43 H. J. Res. 50 H,J. Res. 62 H. J. Res. 66 H. J. Res. 151 H. J. Res. 204 H. J. Res. 288 H. J. Res. 325 H. J. Res. 336 * Bayh Bennett Ullman Carney Conte Downing Fish Kastenmeier Meeds Qui e Karth Broomfield VanderJagt Macdonald Proposal recommended ta the full Committee by the Subcommittee on Constitutional Amendments of the Senate Judiciary Committee H. J. Res. 345 H. J. Res. 443 ** H. J. Res. 521 H. J. Res. 750 H. J. Res. 786 H. J. Res. 820 H. J. Res. 1100 Whalen Won Pat Fithian Mitchell (N.Y. ) Burlison (Mo. ) Patten Blown 3/20/75 5/6/75 6/19/75 12/16/75 1/29/76 2/19/76 9/17/76 These proposals calling for direct election of the President and Vice President vary in their approaches to the following matters: 1. Method of casting vote: a. Cast joint vote for team consisting of candidate for President and candidate f o r Vice President, both consenting to the joinder of their names S. J.Res. 1; H. J. Res. 3, 38, 43, 50, 62, 66, 204, 288, 325. - 336, 345, 443, 521, 786. 820, 1100 2. 3. b. Cast vote for two persons chosen as Congress prescribes H. J. Res. 151 c. No specification a s to whether vote must be cast for team H. J. Res. 22, 35, 750 - Percentage of vote required to win: a. Plurality H. J. Res. 35. 750 b. 40% S J. Res. 1; H. J. Res. 3, 38, 43, 50, 62, 66, 204, 288, 325, 336, 345, 443, 521, 786, 820 c. Majority H. J. Res. 1 5 1 d. Not Specified H. J. Res. 22, 1100 - - Required percentage not attained: a. ** - - Runoff election must be held H. J.Res. 38, 43, 50, 62, 66. 204, 288, 325, 336, 345, 443, 786 Proposal would also allow participation by Guam and Virgin Islands H. J. Res. H. J. Res. H. J. Res. H. J. Res. H. J. Res. H. J. Res. H. J. Res. Whalen 345 443 521 750 786 820 1100 ** Won P a t Fithian Mitchell (N.Y. ) Burlison (Mo. ) Patten Blown 3120175 5/6/75 6/19/75 12/16/75 1/29/76 2/19/76 9/17/76 T h e s e p r o p o s a l s calling f o r d i r e c t election of t h e P r e s i d e n t a n d Vice P r e s i d e n t v a r y i n t h e i r a p p r o a c h e s to t h s following m a t t e r s : 1. Method of castine, vote: a. C a s t joint vote f o r t e a m c o n s i s t i n g of candidate f o r P r e s i d e n t and candidate f o r Vice P r e s i d e n t , both consenting to t h e joind e r of t h e i r n a m e s .S.J.Res. 1; H. J. Res. 3, 38, 43, 50, 62, 66, 204, 288, 325, 336, 345, 443, 521, 786, 820, 1100 2. b. C a s t vote f o r two p e r s o n s c h o s e n as C o n g r e s s p r e s c r i b e s H. J. Res. 1 5 1 c. No specification as to whether vote m u s t be c a s t f o r t e a m H. J. Res. 22, 35, 750 - P e r c e n t a g e of vote r e q u i r e d to win: a. Plurality H. J. Res. 35, 750 b. 40%- S. J. Res. 1; H. J. Res. 3, 38, 43, 50, 62, 66, 204, 288, 325, 336, 345, 443, 521, 786, 820 3. Majority H. J. Res. 1 5 1 d. Not Specified H. J. Res. 22, 1100 - Required p e r c e n t a g e not attained: a. ** - c. - Runoff election m u s t b e held H. J . R e s . 38, 43, 50, 62, 66, 204, 288, 325, 336, 345, 443, 786 P r o p o s a l would a l s o allow participation by G u a m and Virgin I s l a n d s 6. Provisions regarding death, resignation, inability o r withdrawal of a candidate! - a. Congress will establish S. J. Res. 1; H. J. Res. 3, 38, 43, 50. 62, 66, 204, 336, 345, 443. 521, 786, 1100 b. If prior to election, the national committee of the political party whose official candidate is involved will designate another candidate; but if after the election, and both Members on the ticket die. Congress must provide for a new election H. J. Res. 151 - Note: H. J. Res. 18 (Smith, Iowa, 1/14/75), 37 (Conte, 1/14/76) and 785 (Burlison, Mo., 1/29/76) propose constitutional amendments relating to the nomination of the President and Vice President. B. Senate And --House J o i n t Resolutions Introduced In The 95th C ongress --Of T h e P r e s i d e n t And Vice P r e s i d e n-t Dealing -With T h e Election -DISTRICT PLAN Under t h e d i s t r i c t p l a n , t h e e l e c t o r a l c o l l e g e would b e p r e s e r v e d , w i t h e a c h S t a t e choosing a number o f e l e c t o r s e q u a l t o t h e number o f S e n a t o r s and R e p r e s e n t a t i v e s t o which t h e S t a t e i s e n t i t l e d i n Congress. However, i n a l l S t a t e s , t h e e l e c t o r s would be chosen by t h e v o t e r s from d i s t r i c t s c r e a t e d w i t h i n t h e S t a t e , and i n a d d i t i o n two a t - l a r g e e l e c t o r s would b e c h o s e n on a S t a t e w i d e b a s i s . The w i n n e r - t a k e a l l aspet€-6 ef the present wtdd t h u s be e l i m i n a t e d because a c a n d i d a t e would b e c r e d i t e d w i t h o n l y t h o s e d i s t r i c t e l e c t o r a l v o t e s t h a t he a c t u a l l y won. F u r t h e r , i n c o n t r a s t t o t h e p r e s e n t method, t h e c a n d i d a t e s f o r t h e o f f i c e o f P r e s i d e n t i a l e l e c t o r would b e r e q u i r e d t o d e c l a r e f o r whom t h e y w i l l e a s t t h e i r v o t e s f o r P r e s i d e n t and V i c e P r e s i d e n t and such d e c l a r a t i o n w i l l b e b i n d i n g . - Three i d e n t i c a l p r o p o s a l s H . J . Res. 125 (Conable, 1 / 1 1 / 7 7 ) , H.J. Res. 195 and H.J. Res. 267 (Derwinsky, 1/26/77, 2/22/77) - i n t h e 9 5 t h Congress C a l l f o r t h e c r e a t i o n of such a system f o r t h e e l e c t i o n o f t h e P r e s i d e n t , and would make t h e f o l l o w i n g a d d i t i o n a l changes: 1. Percentage of e l e c t o r a l v o t e r e q u i r e d t o win: 2. T i e v o t e i n e l e c t o r a l c o l l e g e : Person w i t h t h e g r e a t e s t number o f elect o r a l d i s t r i c t v o t e s , r a t h e r t h a n a t - l a r g e e l e c t o r a l v o t e s would win. 3. Required p e r c e n t a g e not a t t a i n e d : S e n a t e and House o f R e p r e s e n t a t i v e s chooses P r e s i d e n t and Vice P r e s i d e n t from p e r s o n s w i t h t h r e e h i g h e s t number o f v o t e s . 4.. Voter Q u a l i f i c a t i o n s : Same q u a l i f i c a t i o n s r e q u i s i t e f o r t h e e l e c t o r s o f t h e most numerous branch o f t h e S t a t e L e g i s l a t u r e . 5. Manner of h o l d i n g e l e c t i o n s i n S t a t e s : NOTE: Majority Congress w i l l d e t e r m i n e . H.J. Res. 328 (Fuqua, 3/15/77) p r o p o s e s a system s i m i l a r t o t h e d i s t r i c t p l a n , e x c e p t t h a t t h e e l e c t o r a l c o l l e g e would be a b o l i s h e d and t h e e l e c t o r a l v o t e s would b e won b y d i s t r i c t . PROPORTIONAL PLAN Under t h e p r o p o r t i o n a l p l a n , t h e e l e c t o r a l c o l l e g e would b e a b o l i s h e d , b u t t h e e l e c t o r a l v o t e would be r e t a i n e d . The e l e c t o r a l v o t e i n e a c h S t a t e would b e apportioned among P r e s i d e n t i a l c a n d i d a t e s a c c o r d i n g t o t h e number o f p o p u l a r v o t e s r e c e i v e d , t h e r e b y e l i m i n a t i n g t h e p r e s e n t winner-take-all system. S.J. Res. 8* (Cannon, 1 / 1 4 / 7 7 ) , S.J. Res. 18" ( ~ h u r m o n d , 1 / 2 6 / 7 7 ) , H . J . Res. 190 (Vander J a g t , 1 / 2 0 / 7 7 ) , and H . J . Res. 226 ( W h i t e h u r s t , 2 / 1 / 7 7 ) i n t h e 9 5 t h Congress propose such a system w i t h t h e e l e c t o r a l v o t e a p p o r t i o n e d on a S t a t e wide a n d / o r n a t i o n w i d e b a s i s H.J. Res. 328 (Fuqua, 3 / 1 5 / 7 7 ) , H.J. Res. 455 (Ashbrook, 5 / 1 1 / 7 7 ) and H . J . Res. 523 (Brown, Mich., 6 / 1 6 / 7 7 ) a l s o p r o p o s e a p r o p o r t i o n a l p l a n . Under H . J . Res. 523, t h e e l e c t o r a l v o t e would b e awarded on a d i s t r i c t w i d e , S t a t e w i d e and n a t i o n w i d e b a s i s and under H . J . Res. 328 and 455, t h e e l e c t o r a l v o t e vould be awarded on a d i s t r i c t w i d e and S t a t e w i d e b a s i s . - P e r c e n t a g e o f v o t e t e q u i r e d t o win: a . 402 S.J. Res. 8 , 18; B . J . Res. 226; b , n a j o r i t y H . J . Res. 328, 523; e . P l u r a l i t y H.J. Res. 19'7, - - Required p e r c e n t a g e n o t a t t a i n e d : a . S e n a t e and House o f ~ e p r e s e n t a t i v e s choose P r e s i d e n t S.J. Bts. 8 , 18; H . J . Res. 226, 328; b . R e t a b u l a t i o n H.J. Ees. 523 formula s p e c i f i e d -- - Voter Q u a l i f i c a t i o n s : Same q u a l i f i c a t i o n s r e q u i s i t e f o r t h e e l e c t o r s o f t h e most numerous braach o f t h e S t a t e L t g i r l a t u r e a11 r e s o l u t i o n s P l r e , t i m e , manner o f h o l d i n g e l a t i o n i n S t a t e s : Congrees vill d e t e r m i n e t h e day o f t h e e l e c t i o n , which must b e uniform throughout t h e United S t a t e s , b u t state l e g i s l a t u r e 8 d e t e n n i n e t h e p l . t c cnd manner a l l resolutions - * Hearings h e l d on Januhry 27, February 1, 2 , 7 and 1 0 , 1977 by t h e Subcommittee on C o n s t i t u t i o n a l Amendment6 of t h e Senate Judic i a r y Corpmittee AL1TOklATiC ELECTORAL VOTE PLAN Under t h i s p l a n , t h e E l e c t o r a l College would be a b o l i s h e d b u t t h e e l e c t o r a l v o t e s o f e r h S t a t e would b e r e t a i n e d . k c o r d i n g t o t h i s method, t h e e l a t t o r a l v o t e o f e r h S t a t e would a u t o m a t i c a l l y be awarded t o t h e c a n d i d a t e r a t e i v i n g t h e g r e a t e s t nunber o f p o p u l a r v o t e s f o r P r e s i d e n t i n t h a t S t a t e . Thus, a s i n t h e p r e s e n t Byatem, t h e winner of t h e g r e a t e s t p o r t i o n o f t h e popular v o t e would be c r e d i t e d v i t h a11 of t h e e l e c t o r a l v o t e s of t h e S t a t e . H . J . Res. 312 (Weaver, 3/9/77) proposes sueh a p l a n . S . J . Res. 123 (Bay\:, 3 / 1 7 / 7 8 ) a l s o proposes an automatic e l a c t o r a l v o t e p l a n b u t with an a d d i t i o n a l n a t i o n a l pool o f e l e c t o r a l v c t e s equiva l e n t t o t h e number o f e e n a t s r s plus an a d d i t i o n a l two f o r t h e D i s t r k t of C o l m b i a , t o be a u t o m a t i c a l l y a l l o c e t e d t o t h e c a n d i d a t e r e c e i v i n g t h e most p o p u l a r v o t e s r r o s s the nation. DIRECT ELECTION PLAN Under t h e d i r e c t e l e c t i o n p l a n , t h e E l e c t o r a l C o l l e g e and t h e e l a c t o r a l v o t e system would b e abolished. I n s t e a d , t h e P r e r i d c n t and Vice P r e s i d e n t would be e l e c t e d b y d i r e c t popular v o t e c a s t throughout t h e United S t a t e s . S e v e r a l p r o p o s a l s now pending i n Congress would c r e a t e a system whereby t h e P r e s i d e n t and t h e Vice P r e s i d e n t would be e l e c t e d d i r e c t l y . These p r o p o s a l s a r e : S.J. Res. l* H . R . 2063 H.J. U s . 33 H.J. Res. 39 H . J . Res. 40 H . J . Res. 4 5 H.J. Res. 70 H . J . Res. 1 1 4 Bay'' Gaydos Benne t t Burlison Carney Con t e Kastenmeier Bugher H.J. H.J. H.J. H.J. H.J. H.J. H.J. H.J. H.J. H.J. H.J. H.J. H.J. H.J. H.J. H.J. H.J. H.J. H.J. H.J. H.J. H.J. H.J. H.J. * Res. Res. Res. Res. Res. Res. Res. Aes. Res. Res. Res. Res. Res. Res. Res. Res. Res. Res. Res. Res. Res. Res. Res. Res. McClory Eilberg Edwards Rodino Danielson WClory noes . kclory Hamil t o n Won P a t Burlison Burlison Conte Conte Whalen Frenzel Burlison Range 1 Fithian Bingham Burlison Burlison Quie Blouin 118 127 138 144 149 168 170 197 207 217 228 229 230 231 238 253 281 300 350 352 384 397 434 676 Hearings held on January 27, February 1, 2 , 7 and 10, 1977 by t h e Subemunittee on C o n s t i t u t i o n a l Amendments o f t h e Senate J u d i c i a r y Camnittee These proposals c a l l i n g f o r ' d i r e c t e l e c t i o n o f t h e P r e s i d e n t and V i c e P r e s i d e n t v a r y i n t h e i r approaches t o . t h e following m a t t e r s : 1. Method of t a s t i n g vote: a. Cast j o i n t v o t e f o r team c o n s i s t i n g of c a n d i d a t e f o r P r e s i d e n t and c a n d i d a t e f o r Vice President, b o t h c o n s e n t i n g t o t h e j o i n d e r o f t h e i r names A l l proposals except f o r H.J. Res. 40 - b. 2. No s p e c i f i c a t i o n a s t o whether v o t e must b e c a s t f o r team H.J. Res. 40 Percentage of v o t e r e q u i r e d t o win: a. - Plurality Res. 4 0 B.J. b. - 35% H.J. Res. 118, 168, 197, 217 - 3. 4. - C. 40% S.J. Res. l*; H.J. Res. 33, 39, 45, 70, 114, 127, 138, 144, 149, 170, 207, 228, 229, 230, 231, 238, 253, 281, 300, 350, 352, 384, 397 e. Majority B.J. Res. 434, 676 - Required pert e n t a g e not a t t a i n e d : - a. Runoff e l e c t i o n must be held S.J. Res. l*; H.J. Res. 39, 45, 70, 118, 127, 138, 144, 149, 168, 170, 197, 207, 217, 228, 229, 230, 231, 238, 253, 281, 300, 352, 384, 397; H.R. 2063 b. Congress d e c i d e s a t a s ~ i a sle s s i o n H.J. Res. 33, 114, 350 e. E l e c t o r a l v o t e system ( d i s t r i c t ) used, but i f no c a n d i d a t e r e c e i v e s m a j o r i t y , runoff held H.J. Res. 434, 676 - - P l a c e , time, and manner of holding e l e c t i o n s and e n t i t l e m e n t t o i n c l u s i o n on b a l l o t : a. Prescribed by t h e S t a t e L e g i s l a t u r e s , but Congress may a l t e r t h e S t a t e laws o r t h e S t a t e laws become i n a p p l i c a b l e i f i n c o n f l i c t with an Act of Congress; however, Congrerr s e t s t h e day f o r holding e l e c t i o n s , which day must be uniform throughout t h e Unrted S t a t e s and Congress governs t h e method f o r a s c e r t a i n i n g e l e c t i o n r e s u l t s S.J. Res. I*; H.J. Res. 39, 70, 114, 118, 127, 138, 144, 149, 168, 170, 197, 207, 217, 228, 229, 253, 281, 300, 350, 352, 384, 397, 434 - b. i n amendment - Prescribed by Congress H.J. Res. 33, 40, 45, 230, 231, 238 c 5. . Prescribed H.R. 2063 Voter Q u a l i f k a t i o n s : a. Same a s f o r most numerous branch o f S t a t e L e g i s l a t u r e except t h a t S t a t e may p r e s c r i b e l e s s r e s t r i c t i v e q u a l i f i c a t i o n s and Congress may p r e s c r i b e unifonn r e s i d e n c e q u a l i f i c a t i o n s S.J. Res. I*; H . J . Res. 39, 70, 114, 118, 127, 138, 144, 149, 168, 170, 197, 207, 217, 228, 229, 253, 281, 300, 350, 352, 384, 397 - Same a s f o r Senators; but S t a t e may p r e s c r i b e l e s s r e s t r i c t i v e r e s i d e n c e q u a l i f i c a t i o n s , and Congress may adopt uniform age and residency requirements H.J. Res, 33 b. - - c. Congress may p r e e e r i b e H.J. Res. 40 d, S t a t e may p r e s c r i b e H.R. 2063 e. Same a s f o r Members of Congress, but S t a t e may p r e s c r i b e l e s s r e s t r h t i v e r e s i d e a t e qualifications and Congress may adopt uniform age and residency requirements H.J. Res. 45, 230, 231, 238, 434, 676 - 6. Congress may provide f o r c a s e of d e a t h , r e s i g n a t i o n , i n a b i l i t y o r withdrawal of a c a n d i d a t e : S,J. Res. l*; H.J. Res. 33, 39, 45, 70, 114, 118, 127, 138, 144, 149, 168, 170, 207, 217, 228, 229, 230, 231, 238, 253, 281, 300, 350, 352, n a t i o n a l e m i t t e e of p o l i t i c a l 384, 397, 676 (except H.J. Res. 434 p a r t y chooses) - NOTE: H.R. 2063 a l s o proposes a c o n s t i t u t i o n a l amendment regarding t h e nomi n a t i o n of t h e P r e s i d e n t o r V i c e P r e s i d e n t --- -- -- C . Senate And House J o i n t Resolutions Introduced In T h e 96th C o n g r e s s Dealing With T h e Election Of T h e P r e s i d e n t And V i c e P r e s i d e n t -- DIRECT ELECTION PLAN Under t h e d i r e c t e l e c t i o n p l a n , t h e E l e c t o r a l C o l l e g e and t h e e l e c t o r a l v o t e I n s t e a d , t h e P r e s i d e n t and V i c e P r r s l d e n t would s y s t e m would, b e a b o l i s h e d . be e l e c t e d by d i r e c t popular v o t e c a s t throughout t h e United S t a t e s . S e v e r a l p r o p o s a l s now p e n d i n g i n C o n g r e s s would c r e a t e a s y s t e m whereby t h e P r e s i d e n t and t h e V i c e P r e s i d e n t would b e e l e c t e d d i r e c t l y . These p r o p o s a l s a r e : 1 S . J . Res. 28 S . J . Res. H . J . Res. 7 24 H . J . Res. 57 H . J . Res. 93 H . J . Res. H . J . Res. 1 5 0 H.J. Res. 181 H . J . Res. 1 8 9 H.J. Res. 208 H.J. Res. 240 H . J . Res. 252 H.J. Res. 254 H . J . Res. 261 H . J . Res. 288 H . J . Res. 299 H . J . Res. 308 H . J . Res. 332 Bayh e t a l . Rayh Danizl son Bennett Kastenmeier Won P a t Conte Erdahl Edwards Fithian McClory Boner Burlison Rurlison et Burlison c t Rurlison e t Rurlison c t Burlison et al. al. al. al. al. T h c s z p r o p o s a l s c a l l i n g f o r d i r e c t e l e c t i o n of t h e P r e s i d e n t and V i c e P r e s i d e n t vary i n t h e i r approaches t o t h e following m a t t e r s : 1. Method o f c a s t i n g v o t e : C a s t j o i n t v o t e f o r team c o n s i s t i n g of c a n d i d a t e f o r P r e s i d e n t and c a n d i d a t e f o r Vice P r e s i d e n t , both c o n s e n t i n g t o t h e j o i n d e r o f t h e i r names A l l proposals 2. P e r c e n t a g e o f v o t e r e q u i r e d t o win: a. P l u r a l i t y H . J . Res. 181 b. 35%H.J. c. Res. 93, 240 40% - S.J. Res. 1 , 2 8 Res. 7 , 24, 57, 150, 189, 208, 252, 254, 261, 288, 299, 308, 332 H.J. 3. Required percentage n o t a t t a i n e d : a . Runoff e l e c t i o n m u s t b e h e l d S . J . Res. 1, 2 8 H . J . Res. 7, 57, 9 3 , 1 5 0 , 189, 208, 240, 252, 254, 261, 288, 299 H.J. R E S . 308, 332 b. 4. - P l a c e , t i m e , and manner o f h o l d i n g e l e c t i o n s and e n t i t l e m e n t t o i n c l u s i o n on b a l l o t : a . P r e s c r i b e d by t h e S t a t e I , e g i s l a.tu r e s , b u t C o n g r e s s may a l t e r t h e s t a t e l a w s o r t h e s t a t e l a w s become i n a p p l i c a b l e I £ i n c o n f l i c t w i t h a n Act o f Congress; however, Congress s e t s t h e day f o r h o l d i n g e l e c t i o n s , which d a y must b e u n i f o r m t h r o u g h o u t t h e U n i t e d S t a t e s , and C o n g r e s s g o v e r n s t h e method f o r a s c e r t a i n i n g e l e c t i o n r e s u lts S . J . Res. 1 , 2 8 H . J . R e s . 7 , 57, 9 3 , 1 5 0 , 1 8 9 , 208, 2 4 0 , 252, 254, 261, 288, 299, 308 H . J . Res. 332 b. 5. Congress decides i n sDecial e l e c t i o n H . J . R e s . 24 P r e s c r i b e d by C o n g r e s s H . J . Res. 24 - Voter q u a l i f i c a t i o n s : Same a s f o r m o s t n u m e r o u s b r a n c h o f s t a t e l e -n i s l a t u r e e x c e p t t h a t s t a t e may p r e s c r i b e l e s s r e s t r i c t i v e q u a l i f i c a t i o n s and C o n g r e s s may p r e s c r i b e u n i f o r m r e s i d e n c e q u a l i f i c a t i o n s S.J. R e s . 1 , 28 H . J . Res. 7, 5 7 , 9 3 , 1 8 9 , 208, 240, 252, 254, 261, 288, 299, 308, 332 Same a s i n t h e c a s e o f v o t e r s i n e l e c t i o n o f S e n a t o r s , b u t s t a t e may p r e s c r i b e l e s s r e s t r i c t i v e r e s i d e n c e q u a l i f i c a t i o n s , and C o n g r e s s may a d o p t u n i f o r m a g e and r e s i d e n c e r e q u i r s m e n t s H . J . Res. 24 Same less form H. J. 6. a s f o r e l e c t o r s o f Members o f C o n g r e s s , b u t s t a t e may p r e s c r i b e r e s t r i c t i v e r e s i d e n c e q u a l i f i c a t i o n s and C o n g r e s s may a d o p t u n i a g e and r e s i d e n c e r e q u i r e m e n t s Res. 150 C o n g r e s s may p r o v i d e--f o r c a s e o f d e a t h , r e s i g n a t i o n , i n a b i l i t y o r w i t h - drawal o f a candidate: S . J . R e s . 1 , 28 H.J. R e s . 7 , 24, 57, 93, 1 5 0 , 189, 208, 240, 252, 254, 261, 288, 299 H. J . R e s . 3 0 8 , 332 PROPORTIONAL PLAN 1Tnrler t h e p r o p o r t i o n a l p l a n , t h e e l e c t o r a l c o l l e g e would b e a b ~ l l s h ~ db u, t t h e e l e c t o r a l v o t e would b e r e t a i n e d . The e l e c t o r a l v o t e i n c a c h s t a t c would b e a p p o r t i o n e d among P r e s i d e n t i a l c a n d i d a t e s a c c o r d i n g t o t h o n m b ~ ro f p o p u l a r votes received, thereby e l i m i n a t i n g t h e prcsent winner-tnkc-all systcm. S.J. Res. H . J . Res. H . J . Res. 51 88 125 Cannon e t a l . Vander J a g t Ashhrook 1. P e r c e n t a g e o f v o t e r e a u i r e d t o win: a. Majority H . J . Res. 88, 125 40% S.J. Res.51 b. 2. Required percentage not a t t a i n e d : House o f R e p r e s e n t a t i v e s c h o o s e s H . J . Res. 8 8 ( S e n a t e chooses Vice P r e s i d e n t ) , S e n a t e and House i n j o i n t s e s s i o n c h o o s e s S . J . Res. 5 1 - ----. - 125 3. V o t e r q u a.---lifications: Same q u a l i f i c a t i o n s r e q u i s i t e f o r t h e e l e c t o r s o f t h e most numzrous branch of t h e s t a t e l e g i s l a t u r e S . J . R e s . 51 H.J. R e s . 1 2 5 4. P l a c e , t i m e , manner o f h o l d i n g e l e c t i o n i n s t a t e s : C o n g r e s s will d e t e r m i n e t h e d a y o f t h e e l e c t i o n , w h i c h m u s t b e u n i f o r m throughout t h e United S t a t e s , b u t s t a t e l e g i s l a t u r e s d e t e r m i n e t h e p l a c e and manner H . J . Res. 8 8 ( c o n g r e s s d e t e r m i n e s time f o r e l e c t i n g o n l y ) , 1 2 5 S . J . Res. 51 DISTRICT PLAN Under t h e d i s t r i c t p l a n , t h e e l e c t o r a l c o l l e g e would b e p r e s e r v e d , w i t h e a c h s t a t e c h o o s i n g a number o f e l e c t o r s e q u a l t o t h e number of S e n a t o r s and Repres e n t a t i v e s t o which t h e s t a t e i s e n t i t l e d i n Congress. However, i n a l l s t a t e s , t h e e l e c t o r s would b e c h o s e n b y t h e v o t e r s from d i s t r i c t s c r e a t e d w i t h i n t h e s t a t e , a n d , i n a d d i t i o n , two a t - l a r g e e l e c t o r s would b e c h o s e n o n a s t a t e w i d e basis. The w i n n e r - t a k e - a l l a s p e c t s o f t h e p r a s c n t s y s t e m would t h u s b e e l i m i n a t e d b e c a u s e a c a n d i d a t e would b e c r e d i t e d w i t h o n l y t h o s e d i s t r i c t e l e c t o r a l v o t z s t h a t h e a c t u a l l y won. F u r t h e r , i n c o n t r a s t t o t h e p r e s e n t m e t h o d , t h e cand i d a t e s f o r t h e o f f i c e o f P r e s i d e n t i a l e l e c t o r would b e r e q u i r e d t o d e c l a r e f o r whom t h e y w i l l c a s t t h e i r v o t e s f o r P r e s i d e n t and V i c e P r e s i d e n t a n d s u c h d e c l a r a t i o n w i l l be binding. H.J. H.J. H.J. 1. Res. 1 0 6 Res. 207 Res. 549 (Fuqua, 1/18/79) (Conable, 2/19/79) ( ~ e r w i n s k i , 5/14/80) P e r c e n t a g e o f e l e c t o r a l v o t e r e q u i r e d t o win: Majority Y.J. Res. 1 0 6 H . J . Res. 207 H. J . Res. 549 Majority T i e v o t e I-n- ---c l r c t o r a l c o l l ~ g e : P e r s o n w l t h t h e g r t , n t c s t nurnht~r of e l e c t o r a l d- ~- s t r l c tv o t e s , r a t h e r t h a n a t - l a r y , e c l r c t o r a l v o t c s s h o u l d -- win. H.J. H.J. Res. 207 R f s . 549 Rcqriircd c c..--n t n g------.-e not a t t a i n e d : S c n a t e and House of ~ e ~ r c ~ s c ni vt east -p c-r-.. c h o o s e P r c s i d c n t and Vice P r c s i d c r i t fr<,rn p,-rs\>ns w i t h t h r e e h i ~ l i c s t n~rmber o f v o t c s . Y . J . Res. 207 H . J . Rcs. 549 Rc.quired o r i t-ynot t a i- -n-. e -d: - ---m-- a i - a t- S c n n t e and Ilousc. of R c . p r c > ~ e i l t ai vt e s c h o o s e P r e s i d e n t and Vice P r c s i r l c n t from t h e p a i r s o f c a n r l i d n t c s not e x c e e d i n g t h r c c h a v i n g t h e h i g h c s t number o f e l 2 c t o r a l v o t c s . H . J . Res. 106 -- a t i -o ns: Same q i t a l l f i c a t i o n s requisite f o r t h e L > l , ~ c t o r s .V o t e r q u a l i f i c.--o f t h e most nuinprous b r a n c h o f t h e s t a t e l c g l s l a t u r e . H . J . Res. 106 H . J . Res. 207 H . J . Res. 549 - -------o f Manner .a. b. h o l---d i n g -.--e l c c t i o-n s .----in states: C o n g r e s s w ~ l ld e t e r m i n e H . J . Res. 207 H . J . Res. 549 - S t a t e s w i l l d e t e r m i n e s u b j e c t t o a l t e r a t i o n s by C o n g r e s s H . J . Res. 106 AUTOMATIC - - ELECTORAL VOTE PLAN Under t h i s p l a n , t h e E l e c t o r a l C o l l e g e would b e a b o l i s h e d b u t t h e e l e c t o r a l v o t e s o f e a c h s t a t e would be r e t a i n e d . A c c o r d i n g t o t h i s method, t h e e l e c t o r a l v o t e o f e a c h s t a t e would a u t o m a t i c a l l y b e awarded t o t h e c a n d i d a t e r e c z i v i n g t h e g r e a t e s t number o f p o p u l a r v o t e s f o r P r e s i d e n t i n t h a t s t a t e . Thus, a s i n t h e p r e s e n t s y s t e m , t h e w i n n e r o f t h e g r e a t e s t p o r t i o n o f t h e p o p u l a r v o t e would b e c r e d i t e d w i t h a l l of t h e e l e c t o r a l v o t c s o f t h e s t a t e . The p r o p o s a l a l s o prov i d e s f o r a n a u t o m a t i c e l e c t o r a l v o t e p l a n b u t w i t h an a d d i t i o n a l n a t i o n a l pool o f e l e c t o r a l v o t e s equivalent t o t h e number o f s e n a t o r s p l u s a n a d d i t i o n a l two f o r t h e D i s t r i c t o f Columbia, t o be n ~ ~ t o m a t i c a l layl l o c a t e d t o t h e c a n d i d a t e r e c e i v i n g t h e most p o p u l a r v o t e s a c r o s s t h e n a t i o n . S . J . Rcs. 48 ( ~ a y h , 3 / 1 4 / 7 9 > , H . J . Res. 2 2 3 (Ringham, 2 / 2 6 / 7 9 ) . D. Senate And House Joint R,esolutions Introduced In The 97th Congress Dealing With The Election Of The President And Vice President DIRECT ELECTION PLAN Under the direct election proposal, the Electoral College system would be abolished, and the President and Vice President would be elected by the direct popular vote at the November general election. S. J. S. J . H. J. H. J. H. J . H. J . H. J. H. J. H. J. Res. R.es. Res. Res. Res. R.es. R.es. Res. R.es. 3 8 20 52 80 130 140 163 195 P r y o r et al. Mathias and Hatfield Bennett Kastenmeier Brooks Howard Daniels on Won P a t Edwards Method of casting vote: Cast a single vote for candidates f o r President and Vice President All proposals Percentage of vote required to win: S. J. S. J. H. J. H.J. H. J. H.J. H. J. H. J. Res. Res. Res. Res. Res. Res. Res. R.es. H.J. Res. 163 3 8 20 52 80 130 140 195 3. R.equired percentage not attained: a. Requirement of a runoff election: Res. Res. Res. Res. Res. R es. Res. R.es. b. Congress decides in a special session: H. J. Res. 4. 20 Place, time, and manner of holding elections and entitlement to inclusion on the ballot : Prescribed by state legislatures. but Congre ss may alter state laws o r the state laws become inoperable if in conflict with an act of Congress: ~ l proposals l 5. Voter qualifications: a. Same a s the most numerous branch of the state legislature except that the state may prescribe l e s s restrictive qualifications and Congress may prescribe uniform residence requirements : S.J. S. J. H. J. H. J. H. J. H. J. H.J. Res. Res. Res. Res. Res. Res. Res. 3 8 52 130 140 163 195 5. Voter qualifications: conttd b. Same as in the case of voters in election of Senators, but state may prescribe l e s s restrictive residence requirements, and Congress may adopt uniform age and residence requirements: c. Same a s f o r electors for Members of Congress, but state may prescribe l e s s restrictive residence qualifications, and Congress may adopt uniform age and residence requirements: H. J. Res. 80 6. Congress may provide for case of death, inability, o r withdrawal of a candidate and for the case of the death of a President-elect and Vice President-elect: S.J. S. J. H. J. H. J. H. J. H.J. H. J. H. J. H.J. Res Res. Res. Res. R.es. R.es. Res. Res. Res. 3 8 20 [only in case of death o r withdrawal of a candidate] 52 80 [only in case of death of a candidate o r a tie vote] 130 140 163 195 DISTRICT PLAN The district plan would preserve the Electoral College. Each state would choose a number of electors equal to the number of Senators and Representatives to which the state is entitled t o in Congress. The electors would be chosen by voters from districts created within the state, and two electors would be chosen on a statewide basis. The winner-take-all aspect of the present system would thus be eliminated since a candidate could win district electoral votes even when he o r she did not win statewide. H.J. H. J. Res. 12 Res. 29