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Electing the President

Electing the President. Article II, Section 2 .

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Electing the President

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  1. Electing the President

  2. Article II, Section 2 “Each state shall appoint, in such manner as 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; but no Senator or Representative or person holding an office of trust or profit under the United States, shall be appointed an elector.”

  3. Two Important Dates • First Tuesday after the first Monday in November—Date of the popular election • First Monday after the second Wednesday in December—Date of the election by the Electoral College

  4. No Mention of Popular Vote Anywhere In the Constitution • Framers had no confidence in ability of the people to choose the President – thus no popular vote • Presidential elections 1788-1820: no popular vote results – electors chosen by state legislatures • Election of 1824: first nationwide popular vote results – electors chosen by popular vote in most states

  5. Electoral College and Electoral Votes • Total # of electoral votes=538 • One for each U. S. Senator=100 • One for each U. S. Representative=435 • 3 electoral votes for D. C., 23rd Amendment (1961) • Minimum # for each state=3 • 7 states today have minimum • Needed to win=270 • Census every ten years used to determine the number of U.S. Representatives per state

  6. How Are Electors Chosen and Who Are They? • Constitution silent • State party conventions of Democrats and Republicans choose electors for party in that state • Individuals chosen not typical, average citizens: long time party activists and loyalists • “Faithful electors” and not “faithless electors” • Important: electors not legally bound • Throughout history, have been only a few “faithless electors” and they have never decided an election

  7. Winner-Take-All Procedure: Not In the Constitution • 48 states and D. C. by their own decision follow “winner-take-all”: all state’s electoral votes awarded to set of electors that win the most popular votes • Any state could decide not to follow this procedure • Thus far, only two states, Maine and Nebraska, have chosen a proportional system. • Most popular votes in each U.S. House District= 1 Electoral Vote • Candidate with greatest popular vote statewide=2 electoral votes (represents 2 Senators)

  8. Reasons for Little Change in Electoral College System • It is has worked since the adoption of the Constitution---Only major change in system is 12th Amendment (1804) which separated the ballot for president and vice-president to prevent what happened in the Election of 1800. • It favors the two major political parties—Both Democrats and Republicans would not support changing the system which might open the door for a multi-party system.

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