Electoral College Overview

Electoral College Overview

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June 5, 2024
Electoral College Overview
When Americans vote for President in the general election,
for the country. Separating the electoral college from the
they select electors who will choose the nation’s chief
popular vote—and the electors from each other by avoiding
executive. Voters thus play an important role in electing the
a single college meeting—also, Hamilton wrote, helped
President, but a second step is required to finalize that
guard against popular passions and selection of a conflicted
choice. The U.S. Constitution places responsibility for the
chief executive.
second step in a body known as the electoral college. This
Elector Qualifications
In Focus highlights key aspects and recent policy
Under the Constitution (Art. II, §1), states appoint their
developments.
electors “in such Manner as the Legislature thereof may
What Is the Electoral College?
direct.” The Constitution prohibits Members of Congress or
The electoral college is the group of individuals, electors,
those “holding an Office of Trust or Profit under the United
who choose the President and Vice President. Under Article
States” from serving as electors (Art. II, §1). In addition,
II, Section 1 of the Constitution, states receive the same
the Fourteenth Amendment (§3) prohibits those who,
number of electors as their number of Representatives and
among other criteria, have “engaged in an insurrection or
Senators. The Twenty-Third Amendment to the
rebellion,” unless a two-thirds vote of each chamber of
Constitution grants the District of Columbia (DC) the same
Congress “remove[s] such disability.”
number of electors it would have if it were a state, but not
Popular Votes and Electoral Votes
more than the least populous state. As such, the District
The results from the general election constitute the popular
casts three electoral votes. U.S. territories do not participate
vote. In some states, electors’ names appear on the ballot. In
in the electoral college and thus their voters do not cast
most cases, the ballot only lists the names of the
votes in the general presidential election. The electoral
presidential and vice-presidential candidates. In either case,
college does not meet as a single body; electors cast votes
when voters cast ballots for presidential candidates or for
in their respective states. To win the presidency, a candidate
their electors, they are indicating their preference for the
must secure 270 electoral votes—a majority of 538 possible
electoral college.
votes. Figure 1 shows the 2024 allocation of electoral
votes.
Forty-eight of the 50 states and DC award all of their
Figure 1. 2024 Electoral Vote Allocation
electoral college votes to the winner of the popular vote in
that state. This method of allocating electors is known as
the general ticket or winner-take-all system. Unlike the rest
of the country, Maine and Nebraska award electoral votes
both based on results within congressional districts and
statewide. Under these methods, which combine district and
statewide votes, the presidential ticket with the most
popular votes statewide receives two electoral votes. In
addition, the ticket receiving the most votes in each
congressional district receives one electoral vote for that
district. In 2020, Maine and Nebraska both split their
electoral votes.
Other Provisions Related to the Electoral College
In addition to the constitutional provisions discussed above,
two constitutional amendments address contingent
elections, in which no candidate receives an electoral
Source: CRS figure based on NARA data,
college majority. Among other provisions, the Twelfth
https://www.archives.gov/electoral-col ege/al ocation.
Amendment specifies procedures that the House or Senate
would follow in choosing a President or Vice President,
Framers’ Justification
respectively. A provision of the Twentieth Amendment sets
In Federalist 68, Alexander Hamilton identified two
the dates of current presidential and congressional terms,
justifications for a presidential-election process that
thus clarifying that a newly elected Congress would decide
involved both the popular vote and the electoral college.
a contingent election.
First, he wrote, “the sense of the people should operate in
the choice of the person to whom so important a trust was
Congress has also enacted and amended provisions in Title
to be confided” as the presidency. Second, “[i]t was equally
3 of the U.S. Code that implement the electoral college
desirable that the immediate election should be made by
process. States and the District of Columbia also have
men most capable of” an informed decision that was best
enacted their own statutes, which are beyond the scope of
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link to page 2 Electoral College Overview
this In Focus, that specify how their governments must
Nominating Elector Candidates
comply with federal constitutional and statutory
As noted above, states may appoint electors consistent with
requirements.
the Constitution and state law. In practice, political parties
play a major role in selecting elector candidates from
At the federal level, Congress enacted the most recent
among their state or local officeholders or volunteers. As
statutory change in December 2022 as part of the FY2023
the National Archives and Records Administration (NARA)
Consolidated Appropriations Act (P.L. 117-328, Division P,
has explained, “[p]olitical parties often choose individuals
Title I). The Electoral Count Reform Act (ECRA) amends
for the slate to recognize their service and dedication to that
the 1887 Electoral Count Act. Collectively, these provisions
political party.” Presidential campaigns work with state
specify how Congress and, in some cases, the states and
parties to ensure that elector candidates are loyal to that
DC, implement their electoral college roles. Among other
presidential campaign. Often, they include current or
provisions, the ECRA amended the date the electors meet in
former state officeholders, party officials, or prominent
the states and DC. The amendments also clarified
citizens.
procedures for states to submit certificates of ascertainment
“Faithless” Electors
listing final vote tallies, and specified roles of governors or
Political parties select elector candidates with the
secretaries of state in issuing the certificates. The ECRA did
expectation that those electors will support the party’s
not alter the safe harbor date—six days before the electors
presidential nominee. However, the Constitution and
meet—by which state results are considered conclusive if
federal law do not address whether electors’ votes are
those results were determined under state law established
bound to particular state-level or party loyalties. Some state
before the election. The amendments also specify
laws require electors to vote consistently with the state’s
procedures for judicial review, and address the
popular vote. In its 2020 decision in Chiafalo v.
congressional and vice-presidential roles in counting
Washington, the U.S. Supreme Court unanimously upheld a
electoral votes.
Washington State law that imposed a fine on “faithless
electors” who vote contrary to the state’s popular vote.
Selected dates appear in Table 1 below.
Faithless votes have never altered a presidential or vice-
Table 1. Selected Key Dates in Presidential Elections
presidential election result. Electors most recently cast
votes at odds with their pledged support in 2016.
Event
Date
Authority
Options for Changing the Electoral College
General election
Next Tuesday
3 U.S.C. §1;
A constitutional amendment would be required to alter the
to appoint electors after first Monday
3 U.S.C. §21
process specified in the Constitution. In the 118th Congress,
(popular vote)
in November of
H.J.Res 23 proposes a constitutional amendment to, among
quadrennial
other provisions, amend the current process to provide for
election year
12 at-large electors who would cast votes based on the
(11/05/2024)
national popular vote. In the 117th Congress, S.J.Res. 69
proposed to replace the electoral college with a national
Safe harbor
No later than six
3 U.S.C. §5
popular vote. Congress could amend federal law
deadline for states
days before
implementing electoral college provisions, such as the
to finalize results
electors meeting
ECRA discussed above, through legislation.
via certificates of
(12/11/2024)
ascertainment
The states also could affect the electoral college result
appointing electors
through their elector-appointment processes. Perhaps most
prominently, the National Popular Vote (NPV) initiative
Electors meet in
First Tuesday after 3 U.S.C. §7
proposes an interstate compact that would effectively
the states and DC
second
achieve direct popular election of the President and Vice
Wednesday in
President without a constitutional amendment. Under this
December of
approach, each state that joins the compact agrees to
election year
appoint electors consistent with the national popular vote,
(12/17/2024)
even if the popular vote differed in their state. Member state
Congress meets to January 6 fol owing 3 U.S.C. §15
legislatures would then appoint the slate of electors pledged
count electoral
election year
to the national popular vote winner. Importantly, the
col ege results
(01/06/2025)
compact would come into effect only if enough states
participated to achieve an electoral college majority. As of
Inauguration
January 20
U.S. Const., Amdt.
May 2024, according to the National Conference of State
fol owing election
XX, §1
Legislatures, 17 states and the District of Columbia agreed
year (01/20/2025)
to participate in an NPV compact. However, those
Sources: CRS analysis of statutory provisions; and National Archives
jurisdictions account for only 209 electoral votes, 61 short
and Records Administration, “Key Dates and Events for State
of the required 270 majority. It is uncertain whether or how
Officials and Points of Contact,”
such a compact would be implemented if attempted.
https://www.archives.gov/files/electoral-col ege/state-officials/state-
officials-key-dates.pdf.
R. Sam Garrett, Specialist in American National
Government
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Electoral College Overview

Disclaimer
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