|
Did you know? The Office of the Federal Register
coordinates the functions of the Electoral College on behalf of the
Archivist of the United States, the States, the Congress,
and the American People. ...
The following is a summary of the Electoral College process for
election year 2000.
Key Electoral College Dates and Events
- November 7, 2000 - General Election: The voters in
each State choose electors to serve in the Electoral College. As soon as
election results are final, the States prepare seven "Certificates of
Ascertainment" of the electors chosen, and send one original along with
two certified copies to the Archivist of the United States.
- December 18, 2000 - Meeting of Electors: The
electors in each State meet to select the President and Vice President
of the United States. The electors record their votes on six
"Certificates of Vote," which are paired with the six remaining original
"Certificates of Ascertainment." The electors sign, seal and certify the
packages of electoral votes and immediately send them to the President
of the Senate, the Archivist of the United States and other designated
Federal and State officials.
- December 27, 2000 - Deadline for Receipt of Electoral
Votes: The President of the Senate, the Archivist of the United
States, and other designated Federal and State officials must have the
electoral votes in hand.
- January 6, 2001 - Counting Electoral Votes in
Congress: The Congress meets in joint
session to count the electoral votes (unless Congress passes a law
to change the date).
- Final 2000 Election Certificates of
ASCERTAINMENT
Links to eXplore
The American Supreme Court (Chicago History of American
Civilization) by Robert G. McCloskey, Sanford
Levinson.
In the more than thirty years since its
original publication, The American Supreme Court has introduced
several generations of students to the workings of the highest court of
the United States. Now Sanford Levinson brings this classic work
up-to-date, ensuring its continued relevance for decades to come.
Campaigns and the Court (Power, Conflict, and Democracy:
American Politics into the 21st Century) by Donald Grier, Jr.
Stephenson (If there is anyone in the United States who believes that the
Supreme Court is not involved in the political process, let them read this
book. Grier Stephenson deftly shows how the Court, consciously or not, has
played a significant roll in presidential campaigns. This book is
political science and history on a grand scale, and Stephenson does a
superb job in telling the story. - review)
A relevant area ...The Supremes
Against the Imperial Judiciary : The Supreme Court Vs. the
Sovereignty of the People by Matthew J. Franck.
Decision : How the Supreme Court Decides Cases (Oxford
Paperbacks) by Bernard Schwartz, Bernard Schwarz. shows how
the major decisions of the Supreme Court came to be, including Roe
v. Wade.
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Highly Recommended Resources Hand Picked to save you valuable searching time.
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(C) 2000, 2003
The ONE Network Databank

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bookmark this page for easy return ... you just might think of something later.
Ultimate Informatorium recommendations are listed below:
Time to revisit the basics. Perhaps its
time to shed more light than heat ...
The Electoral College in Brief --
based on information provided by the Office of the Federal
Register
The Electoral College was established by the founding fathers as
a compromise between election of the president by Congress and
election by popular vote. The electors are a popularly elected body
chosen by the States and the District of Columbia on the Tuesday
after the first Monday in November (November 7, 2000). The Electoral
College consists of 538 electors (one for each of 435 members of the
House of Representatives and 100 Senators; and 3 for the District of
Columbia by virtue of the 23rd AMMENDMENT. Each State's allotment of
electors is equal to the number of House members to which it is
entitled plus two Senators. The decennial census is used to
reapportion the number of electors allocated among the States.
The slates of electors are generally chosen by the political
parties. State laws vary on the appointment of electors. The States
prepare a list of the slate of electors for the candidate who
receives the most popular votes on a Certificate of Ascertainment.
The Governor of each State prepares seven original Certificates of
Ascertainment. The States send one original, along with two
authenticated copies or two additional originals to the Archivist of
the United States at the National Archives and Records
Administration (NARA) by registered mail, which must be received by
the first Monday after the second Wednesday in December (December
18, 2000). The Archivist transmits the originals to NARA's Office of
the Federal Register (OFR). The OFR forwards one copy to each House
of Congress and retains the original.
The electors meet in each State on the first Monday after the
second Wednesday in December (December 18, 2000). A majority of 270
electoral votes is required to elect the President and Vice
President. No Constitutional provision or Federal law requires
electors to vote in accordance with the popular vote in their State.
The electors prepare six original Certificates of Vote and annex
a Certificate of Ascertainment to each one. Each Certificate of Vote
lists all persons voted for as President and the number of electors
voting for each person and separately lists all persons voted for as
Vice President and the number of electors voting for each person.
If no presidential candidate wins a majority of electoral votes,
the 12th Amendment to the Constitution provides for the presidential
election to be decided by the House of Representatives. The House
would select the President by majority vote, choosing from the three
candidates who received the greatest number of electoral votes. The
vote would be taken by State, with each State delegation having one
vote. If no Vice Presidential candidate wins a majority of electoral
votes, the Senate would select the Vice President by majority vote,
with each Senator choosing from the two candidates who received the
greatest number of electoral votes. |
FREQUENTLY ASKED QUESTIONS ON THE ELECTORAL
COLLEGE
prepared by The Office
of the Federal (reproduced here with minor
changes)
Who selects the Electors?
The process for selecting electors varies throughout the United
States. Generally, the political parties nominate electors at
their State party conventions or by a vote of the party's central
committee in each State. Electors are often selected to recognize
their service and dedication to their political party. They may be
State elected officials, party leaders, or persons who have a
personal or political affiliation with the Presidential candidate.
Then the voters in each State choose the electors on the day of
the general election. The electors' names may or may not appear on
the ballot below the name of the candidates running for President,
depending on the procedure in each State.
What are the qualifications to
be an elector?
The U.S. Constitution contains very few provisions relating to
the qualifications of electors. Article II, section 1, clause 2
provides that no Senator or Representative, or Person holding an
Office of Trust or Profit under the United States, shall be
appointed an Elector. As a historical matter, the 14th Amendment
provides that State officials who have engaged in insurrection or
rebellion against the United States or given aid and comfort to
its enemies are disqualified from serving as electors. This
prohibition relates to the post-Civil War era. A State's
certification of electors on its Certificates of Ascertainment is
generally sufficient to establish the qualifications of electors.
How does the Electoral College elect the
President?
The following is a summary of the Electoral College process for
election year 2000.
Key Electoral College Dates and Events
- November 7, 2000 - General Election: The
voters in each State choose electors to serve in the Electoral
College. As soon as election results are final, the States
prepare seven "Certificates of Ascertainment" of the electors
chosen, and send one original along with two certified copies to
the Archivist of the United States.
- December 18, 2000 - Meeting of Electors:
The electors in each State meet to select the President and Vice
President of the United States. The electors record their votes
on six "Certificates of Vote," which are paired with the six
remaining original "Certificates of Ascertainment." The electors
sign, seal and certify the packages of electoral votes and
immediately send them to the President of the Senate, the
Archivist of the United States and other designated Federal and
State officials.
- December 27, 2000 - Deadline for Receipt of
Electoral Votes: The President of the Senate, the
Archivist of the United States, and other designated Federal and
State officials must have the electoral votes in hand.
- January 6, 2001 - Counting Electoral Votes in
Congress: The Congress meets in joint session to count
the electoral votes (unless Congress passes a law to change the
date).
Yes, within your State your vote has a great deal of
significance. Under the Electoral College system, we do not elect
the President and Vice President through a direct nation-wide
vote. The Presidential election is decided by the combined results
of 51 State elections (in this context, the term "State" includes
DC). Your vote helps decide which candidate receives your State's
electoral votes. It is possible that an elector could ignore the
results of the popular vote, but that occurs very rarely.
The founders of the nation devised the Electoral College system
as part of their plan to share power between the States and the
national government. Under the Federal system adopted in the
Constitution, the nation-wide popular vote has no legal
significance. As a result, it is possible that the electoral votes
awarded on the basis of State elections could produce a different
result than the nation-wide popular vote. Nevertheless, the
individual citizen's vote is important to the outcome of each
State election.
There is no Constitutional provision or Federal law that
requires electors to vote according to the results of the popular
vote in their States. Some States (24 plus DC at last count)
require electors to cast their votes according to the popular
vote. These pledges fall into two categories -- electors bound by
State law and those bound by pledges to political parties.
The Supreme Court has held that the Constitution does not
require that electors be completely free to act as they choose and
therefore, political parties may extract pledges from electors to
vote for the parties' nominees. Some State laws provide that
so-called "faithless electors" may be subject to fines or may be
disqualified for casting an invalid vote and be replaced by a
substitute elector. The Supreme Court has not specifically ruled
on the question of whether pledges and penalties for failure to
vote as pledged may be enforced under the Constitution. No elector
has ever been prosecuted for failing to vote as pledged.
Today, it is rare for electors to disregard the popular vote by
casting their electoral vote for someone other than their party's
candidate. Electors generally hold a leadership position in their
party or were chosen to recognize years of loyal service to the
party. Throughout our history as a nation, more than 99 percent of
electors have voted as pledged.
It is important to remember that the President is not chosen by
a nation-wide popular vote. The electoral vote totals determine
the winner, not the statistical plurality or majority a candidate
may have in the nation-wide vote totals. Electoral votes are
awarded on the basis of the popular vote in each State.
Note that 48 out of the 50 States award electoral votes on a
winner-takes-all basis (as does DC). For example, all 54 of
California's electoral votes go to the winner of that State
election, even if the margin of victory is only 50.1 percent to
49.9 percent.
In a multi-candidate race where candidates have strong regional
appeal, as in 1824, it is quite possible that a candidate who
collects the most votes on a nation-wide basis will not win the
electoral vote. In a two-candidate race, that is less likely to
occur. But it did occur in the Hayes/Tilden election of 1876 and
the Harrison/Cleveland election of 1888 due to the statistical
disparity between vote totals in individual State elections and
the national vote totals.
The Electoral College process is part of the original design of
the U.S. Constitution. It would be necessary to pass a
Constitutional amendment to change this system.
Note that the 12th Amendment, the expansion of voting rights,
and the use of the popular vote in the States as the vehicle for
selecting electors has substantially changed the process.
Many different proposals to alter the Presidential election
process have been offered over the years, such as direct
nation-wide election by the People, but none have been passed by
Congress and sent to the States for ratification. Under the most
common method for amending the Constitution, an amendment must be
proposed by a two-thirds majority in both houses of Congress and
ratified by three-fourths of the States.
Reference sources indicate that over the past 200 years, over
700 proposals have been introduced in Congress to reform or
eliminate the Electoral College. There have been more proposals
for Constitutional amendments on changing the Electoral College
than on any other subject. The American Bar Association has
criticized the Electoral College as "archaic" and "ambiguous" and
its polling showed 69 percent of lawyers favored abolishing it in
1987. But surveys of political scientists have supported
continuation of the Electoral College. Public opinion polls have
shown Americans favored abolishing it by majorities of 58 percent
in 1967; 81 percent in 1968; and 75 percent in 1981.
Opinions on the viability of the Electoral College system may
be affected by attitudes toward third parties. Third parties have
not fared well in the Electoral College system. Candidates with
regional appeal such as Governor Thurmond in 1948 and Governor
Wallace in 1968 won blocs of electoral votes in the South, which
may have affected the outcome, but did not come close to seriously
challenging the major party winner. The last third party or
splinter party candidate to make a strong showing was Theodore
Roosevelt in 1912 (Progressive, also known as the Bull Moose
Party). He finished a distant second in electoral and popular
votes (taking 88 of the 266 electoral votes needed to win).
Although Ross Perot won 19 percent of the popular vote nationwide
in 1992, he did not win any electoral votes since he was not
particularly strong in any one or several states. Any candidate
who wins a majority or plurality of the popular vote has a good
chance of winning in the Electoral College, but there are no
guarantees (see the results of 1824, 1876 and 1888 elections).
The electoral votes allotted to each State corresponds with the
number of Representatives and Senators each State has in Congress.
The distribution of electoral votes among the States can vary
every 10 years depending on the results of the United States
Census.
One of the primary functions of the Census is to reapportion
the 435 members of the House of Representatives among the States,
based on the current population. The reapportionment of the House
determines the division of electoral votes among the States. In
the Electoral College, each State gets one electoral vote for each
one of its Representatives in the House, plus two electoral votes
for its two Senators.
Every state has at least 3 electoral votes because the
Constitution grants each State two Senators and at least one
Representative. In addition to the 535 electoral votes divided
among the States, the District of Columbia has three electoral
votes because the 23rd Amendment granted it the same number of
votes as the least populated State.
If a State gains or loses a Congressional district, it will
also gain or lose an electoral vote. As a result of the Census
conducted this year, the number of electoral votes allotted to
your State may change for the 2004 election
What is the difference between the
winner-takes-all rule and proportional voting, and which States
follow which rule?
There are 48 States that have a winner-takes-all rule for the
Electoral College. In these States, whichever candidate receives a
majority of the vote, or a plurality of the popular vote (less
than 50 percent but more than any other candidate) takes all of
the State's electoral votes.
Only two States, Nebraska and Maine, do not follow the
winner-takes-all rule. In those States, there could be a split of
electoral votes among candidates through the State's system for
proportional allocation of votes. For example, Maine has four
electoral votes and two Congressional districts. It awards one
electoral vote per Congressional district and two by the
state-wide, "at-large" vote. It is possible for Candidate A to win
the first district and receive one electoral vote, Candidate B to
win the second district and receive one electoral vote, and
Candidate C, who finished a close second in both the first and
second districts, to win the two at-large electoral votes.
Although this is a possible scenario, it has not actually occurred
in recent elections.
No, the Electoral College system does not provide for residents
of U.S. Territories, such as Puerto Rico, Guam, the U.S. Virgin
Islands and American Samoa to vote for President. Unless citizens
in U.S. Territories have official residency (domicile) in a U.S.
State or the District of Columbia (and vote by absentee ballot or
travel to their State to vote), they cannot vote in the
Presidential election. Note that prior to the adoption of the 23rd
Amendment, DC residents could not vote in the Presidential
election.
The political parties may authorize voters in primary elections
in Territories to select delegates to represent them at the
political party conventions. But that process does not affect the
Electoral College system.
What would happen if two candidates tied in
a State's popular vote, or there was a dispute as to the
winner?
A tie is a statistically remote possibility even in smaller
States. But if a State's popular vote were to come out as a tie
between candidates, State law would govern as to what procedure
would be followed in breaking the tie. A tie would not be known of
until late November or early December, after a recount and after
the Secretary of State had certified the election results. Federal
law would allow a State to hold a run-off election.
A very close finish could also result in a run-off election or
legal action to decide the winner. Under Federal law (3 U.S.C.
section 5), State law governs on this issue, and would be
conclusive in determining the selection of Electors. The law
provides that if States have laws to determine controversies or
contests as to the selection of Electors, those determinations
must be completed six days prior to the day the Electors meet
References
Often cited reference sources:
- Walter Barns (ed.), "After the People Vote: Steps in
Choosing the President, "American Enterprise Institute for
Public Policy Research, 1983;
- Michael J. Glennon, "When No Majority Rules: The Electoral
College and Presidential Succession," Congressional Quarterly,
Inc., 1992;
- Pierce and Longley, "The People's President" (1981);
- William Peters, "A More Perfect Union" (1937);
- Max Ferrand, "The Framing of the Constitution" (1913,
reprinted 1987).
|
|
The Electoral College Primer 2000 by
Lawrence D. Longley, Neal R. Peirce. Paperback (September 1999)
The president of the United States is elected
indirectly by the electoral college--an archaic and quirky system
that threatens every four years to overturn popular will, warn
Lawrence Longley and Neal Peirce. Their authoritative guide provides
essential information about the history and workings of the
electoral college system and reveals how it distorts campaigns,
poorly represents popular will, and could precipitate a
constitutional crisis.
Reviewers write: ""One man, one vote" may be a
familiar democratic motto, but it hardly applies to American
presidential elections. That's because of the United States' bizarre
electoral college system, which makes it possible for candidates who
finish second in the popular vote to triumph in the electoral count.
In fact, this has happened at least twice (1876 and 1888). On two
other occasions (1800 and 1824), the House of Representatives picked
the president when nobody won an electoral-college majority. Thomas
Jefferson once described this circumstance as "the most dangerous
blot on our Constitution." In the brief but comprehensive
Electoral College Primer 2000, Lawrence D. Longley and Neal
R. Peirce show why Jefferson's assessment was right on target. They
have a keen understanding of the electoral college's
vulnerabilities. Through a few simple calculations, for example,
they show that Californians have more than two-and-a-half times the
voting power of Montana residents. More alarming, however, they
describe how a small shift in the popular vote can enact a huge
change in the electoral college outcome. They count 22 "hairbreadth
elections" in American history, including the 1960 race between John
F. Kennedy and Richard Nixon--if 8,971 votes in Illinois and
Missouri had switched from Kennedy to Nixon that year, the result
would have been an electoral college deadlock. It's amazing the
system has held up as well as it has over the years; Longley and
Peirce persuasively argue that it's only a matter of time before it
breaks down completely."
|
|
The Choice of the People? : Debating the Electoral
College (Enduring Questions in American Political Life)
by Judith A. Best. Paperback (May 1, 1996)
|
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The Choice of the People? : Debating the Electoral
College by
Judith A. Best. Hardcover (May 1, 1996) - A reviewer writes:
"Everything anyone could ever want to know about the debate to
change the U.S. Presidential election system from the present
Electoral College to an all-national popular election. Dr. Best
presents the arguments others have written against the Electoral
College before explaining why those arguments are incorrect. Her
defense of the Electoral College is witty, concise, and well
explained. A must read for anyone interested in American politics and government."
|
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The Electoral College Primer 2000 by
Lawrence D. Longley, Neal R. Peirce. Hardcover (October 1999)
|
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The Electoral College and the Constitution
by Robert M. Hardaway. Hardcover
|
|
The Electoral College Primer (Yale Fastback)
by Lawrence D. Longley, Neal R. Peirce(Contributor).
Paperback (October 1996)
|
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The Origins of the Twelfth Amendment by
Tadahisa Kuroda. Hardcover (September 1994)
|
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The People's President : The Electoral College in
American History and the Direct Vote Alternative by Neal
R. Peirce, Lawrence D. Longley(Contributor). Hardcover (June 1981)
|
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Wrong Winner by David W. Abbott, James P.
Levine. Hardcover
|
|
|
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New:
Choosing a President: The Electoral College and
Beyond by Paul D. Schumaker (2002) -- A team of expert political scientists consider the implications
of the Electoral College and proposed reforms
The Origins of the Twelfth Amendment : The Electoral College in the
Early Republic, 1787-1804 by Tadahisa
Kuroda
Securing
Democracy : Why We Have an Electoral College by Mitch McConnell (2001)
-- essays in defense of the
Electoral College
---
The Electoral College Primer 2000
by Lawrence D. Longley, Neal R. Peirce.
Paperback (September 1999)
The president of the United States is elected indirectly
by the electoral college--an archaic and quirky system that threatens
every four years to overturn popular will, warn Lawrence Longley and Neal
Peirce. Their authoritative guide provides essential information about the
history and workings of the electoral college system and reveals how it
distorts campaigns, poorly represents popular will, and could precipitate
a constitutional crisis.
is this
in fact the case?
We don't know for sure ... but we certainly
need to debate the propositions
Reviewers write: ""One man, one vote" may be a familiar
democratic motto, but it hardly applies to American presidential
elections. That's because of the United States' bizarre electoral college
system, which makes it possible for candidates who finish second in the
popular vote to triumph in the electoral count. In fact, this has happened
at least twice (1876 and 1888). On two other occasions (1800 and 1824),
the House of Representatives picked the president when nobody won an
electoral-college majority. Thomas Jefferson once described this
circumstance as "the most dangerous blot on our Constitution." In the
brief but comprehensive Electoral College Primer 2000, Lawrence D.
Longley and Neal R. Peirce show why Jefferson's assessment was right on
target. They have a keen understanding of the electoral college's
vulnerabilities. Through a few simple calculations, for example, they show
that Californians have more than two-and-a-half times the voting power of
Montana residents. More alarming, however, they describe how a small shift
in the popular vote can enact a huge change in the electoral college
outcome. They count 22 "hairbreadth elections" in American history,
including the 1960 race between John F. Kennedy and Richard Nixon--if
8,971 votes in Illinois and Missouri had switched from Kennedy to Nixon
that year, the result would have been an electoral college deadlock. It's
amazing the system has held up as well as it has over the years; Longley
and Peirce persuasively argue that it's only a matter of time before it
breaks down completely."
Electoral Laws and the Survival of Presidential
Democracies by Mark P. Jones(Editor).
Survival Of Presidential Democracies is important reading,
especially in view of the current national dialogue regarding the
difficulties thrown up by the two established political parties
(Republicans and Democrats) to the establishment of third party candidates
on presidential ballots in the various states. - review
An essential introduction to decisions of the Supreme
Court!
Illustrated Great Decisions of the Supreme Court
by Tony Mauro, Anthony Mauro.
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A Theory
of Justice
Campaign and Election Reform : A Reference Handbook
(Contemporary World Issues) by Glenn H. Utter, Ruth Ann
Strickland.
Sizing Up the Senate : The Unequal Consequences of Equal
Representation by Frances E. Lee, Bruce Ian Oppenheimer.
take it for granted that every state has two
representatives in the United States Senate. Apply the "one person, one
vote" standard, however, and the Senate is the most malapportioned
legislature in the democratic world.
But does it matter that California's 32 million people have the same
number of Senate votes as Wyoming's 480,000? Frances Lee and Bruce
Oppenheimer systematically show that the Senate's unique apportionment
scheme profoundly shapes legislation and representation. The size of a
state's population affects the senator-constituent relationship,
fund-raising and elections, strategic behavior within the Senate, and,
ultimately, policy decisions. They also show that less populous states
consistently receive more federal funding than states with more people. In
sum, Lee and Oppenheimer reveal that Senate apportionment leaves no aspect
of the institution untouched.
This groundbreaking book raises new questions about one of the key
institutions of American government and will interest anyone concerned
with issues of representation.
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