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How the Electoral College Works Today

The system of the Electoral College was established in Article II, section I, of the U.S. Constitution. It was modified mainly by the 12th Amendment which clarified the process.

 

When U.S. citizens vote for President and Vice President every election year, they are actually electing a set of individual "Electors" to represent their state. The Electors from every state combine to form the Electoral College.

 

Each state is given a set number of Electors, determined by the number of the its U.S. Senators (which is always 2) plus the number of its U.S. Representatives. The number of Representatives in each state correlates with the state population and is amended every decade when the Census is taken.

 

Each political party with a candidate on the ballot designates their own set of Electors for each state, matching the number of Electors they appoint with the number of Electoral votes allotted to the state. U.S. Senators and Representatives are not allowed to serve as Electors.

 

Electors are typically strong supporters of the political party, but only 26 states require Electors to vote with the party they are pledged to.

 

On election day, ballots show the names of the Presidential and Vice Presidential candidates, though voters are really selecting which set of Electors they would like to represent their state.

 

The party that wins the most votes in each state appoints all of the Electors for that state. This is known as a winner-take-all allocation of Electors. The only exceptions to this are in Maine and Nebraska .

 

The Electors for each state cast their votes in mid-December. The votes are sealed and sent to the President of the Senate. Though the public votes for the party as a whole, the Electors cast individual votes for President and Vice President. This has become important in several elections where Electors voted for candidates other than those they were pledged to.

 

On January 6, the President of the U.S. Senate opens all of the sealed envelopes containing the Electoral votes and reads them aloud. To be elected as President or Vice President, a candidate must have an absolute majority of the Electoral votes for that position.

 

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

 

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 selects 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 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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