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Frequently Asked Questions about the Electoral College


Why does the Electoral College give states disproportionate voting power?

What if there is no majority winner within the Electoral College?

Is an Elector required to vote for their designated party?

Has an Elector ever voted against their designated party?

How many times has the popular vote winner differed from the winner chosed by the Electoral College?

What are the most common concerns with the Electoral College?

What options for reforming the Electoral College have been introduced?

Where can I find out more about the Electoral College?


Why does the Electoral College give states disproportionate voting power?

When the Electoral College was established, there were only 13 states and they varied greatly in size.

There was no national media or transit system and the idea of a nationwide campaign was not likely.

The country was suspicious of a national government and small states feared that a direct election would result with one of the larger states, such as New York, electing one of its "favorite sons" based solely on homestate appeal.

The Electoral College was among a series of compromises which gave additional power to members of the smaller states. These compromises were necessary for everyone to feel comfortable joining the Union.

This disproportionate voting power is still present today. Smaller states like Wyoming, Alaska, and South Dakota receive more Electoral votes per person than larger states like Texas and California.

When comparing the representation of Wyoming's population in the Electoral College to that of California's population, the ratio is nearly 4:1.

Advocates of the Electoral College claim that giving small states more power encourages politicians to campaign in all states, including the small ones that would otherwise go unnoticed.

Despite these claims, politicians still do not campaign in every state. Rather than choosing the states they campaign in by size, they choose these states by competitiveness.

Since the Electoral College has a winner-take-all system for nearly every state, candidates have no reason to campaign in states that favor their competition. See Steve Hill's new book,Fixing Elections , for more information on this predicament.

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What happens if there is no majority winner within the Electoral College?

A majority is not guaranteed within the Electoral College. An election with no majority winner could occur in two ways; if two candidates tie with 269 votes each or if three or more candidates receive Electoral votes.

 

The Constitution states that if no Presidential candidate obtains a majority of the Electoral votes, the decision is deferred to the U.S. House of Representatives. The House then elects the President, choosing between the top three candidates.

 

Each state receives only one vote and an absolute majority of the states (26) is required to elect the President. In this situation, Washington, DC would lose the voting power given to it by the 23rd Amendment (since it does not have the Congressional representation given to the states).

 

A majority winner is not guaranteed in the House. The states could split their votes equally between 2 candidates (25 state votes each) or the votes could be split between three candidates in such a way that no candidate receives a majority.

 

Also, since every state only gets one vote, the Representatives from each state must come to a majority decision on which candidate to support. A state with an equal number of Representatives supporting the competing parties would not be able to cast its vote unless one Representative agreed to vote for the opposing side.

 

If a majority is not reached within the House by January 20 (the day the President and Vice President are sworn in), the Vice President serves as President until the House is able to make a decision.

 

If the Vice President has not been elected either, the Speaker of the House serves as acting President until the House is able to make a decision.

 

If no Vice Presidential candidate obtains a majority of Electoral votes, the decision is deferred to the U.S. Senate.

 

The Senate would then elect the Vice President, choosing between the two candidates receiving the highest number of Electoral votes for that office.

 

Every U.S. Senator is allotted one vote and an absolute majority of the votes (51) is required to elect the Vice President.

 

Again, the Senate could be split evenly between the top two candidates, giving each candidate 50 votes.

 

If no Vice Presidential candidate receives 51 Senatorial votes by January 20, the President appoints the Vice President, pending approval by Congress.

 

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Is an Elector required to vote for their designated party?

 

The answer to this question varies considerably by state. As of 2002, only 26 states require their Electors to vote for their party's designated candidates.

These 26 states deal with "faithless Electors" in varying ways. Some states will issue a fine up to $1000; some cancel the Elector's vote and find a replacement; some press criminal charges against the "faithless Elector." These criminal charges can vary from a misdemeanor to a 4th degree felony.

The other 24 states carry no official punishment or requirements for their Electors.

A total of 156 Electors have not cast a vote for the candidate their party ran on the ballot. Check our section on "Faithless Electors" for more details on these votes.

For a complete, state-by-state list of requirements for members of the Electoral College, follow this link:

http://www.archives.gov/federal_register/electoral_college/laws_2000.html

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Has an Elector ever voted against their designated party?

Yes. Since the founding of the Electoral College, 156 members of the Electoral College have not cast their votes for their party's designated candidates.

71 of these votes were changed because the original candidate died before the day on which the Electoral College cast their votes.

 

Three of the votes were not cast at all. These three Electors chose to abstain from voting for any candidate.

 

The other 82 Electoral votes were changed on the personal initiative of the Elector. Sometimes Electors changed their votes in large groups, such as 23 Virginia Electors acting together in 1836. Many times, these Electors stood alone in their decision.

 

Reasons have varied for voting against their party�s designated candidates. Some have voted differently because of personal or political reasons, others just to make a statement to the country.

 

As of the 2000 election, no Elector has changed the outcome of an election by voting against their party�s designated candidate.

To see the names, dates, and stories of these 156 votes, visit our page on the "Faithless Electors."

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How many times has the popular vote winner differed from the winner chosed by the Electoral College?

This has happened four times since the Electoral College was founded. The most recent of these was the 2000 Presidential election.

To read about these elections, and other complications which have occured within the Electoral College, see our section on Controversial Elections.

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What are the most common concerns with the Electoral College?

There are many problems which have occured and can occur within the current system of the Electoral College.

Please view our page on Concerns With the Electoral College for more information.

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What options for reforming the Electoral College have been introduced?

There have been many different alternative systems proposed to replace the Electoral College.

See our page on Reform Options for the Electoral College for a list of the most common reform options that have been introduced.


Where can I find out more about the Electoral College?

Visit our page of Links related to the Electoral College for more information.

The list includes official government and informational sites as well as several independent organizations who either support the Electoral College or support the reform of the Electoral College.

 


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