The Electoral College
What is the Electoral College?
Although some may be surprised to learn, the President of the United States is not chosen by the national popular vote but by the Electoral College, which was established in the Constitution (Article II). It was created by our founders as a compromise between the selection of the President by Congress and the election of the President by a national popular vote.
In fact, it is possible for a candidate to win the popular vote but not win the majority of electoral votes. This happened in recent presidential elections of 2000 and 2016.
Who is in the Electoral College?
Each State sends electors to the College to select the President and Vice President. Electors are allocated among the states based on the census results: the number of votes for each state is equal to the number of representatives in both the U.S. House of Representatives and the U.S. Senate. There are 538 electors in total including Washington D.C.’s three electors, which were established by the 23rd Amendment to the Constitution. For example, New York State has 28 electoral votes, while Wyoming only has 3 electoral votes since it has less representation in the House of Representatives.
Political parties in each state choose the electors they want to represent their respective candidate. During the general election, voters actually select their state’s electors by casting their ballots for the candidate of their choice. “No Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an elector.”
How does the Electoral College Process Work?
As you cast your ballot for President, you are selecting the preferred slate of electors. Each state, pursuant to the enactment of state law by the legislature and governor, determines how to appoint their electors. Most states have a winner-take-all approach. After authorities tabulate the state-wide popular vote and certify the overall winner, the electoral slate for that state is determined. There is no federal law or Constitutional provision that requires electors to vote pursuant to the results of the popular vote. States govern that process. For example, if Candidate A wins the popular vote in New York State, Candidate A will receive all of New York’s 28 electoral votes. Candidate B will get 0 electoral votes from New York State. In order for a candidate to win the presidential election, they need at least 270 electoral votes, which is more than half of all electors.
States with a high number of electors hold a great deal of power in the presidential elections and electoral process. In strategizing for the election, candidates pay close attention to the states with large slates of electors as well as to “swing or battle-ground states.” These states also hold significant influence since either party candidate could reasonably win the popular vote and consequently, their electors’ support. For instance, Pennsylvania has 19 electoral votes and they have historically seen Democratic and Republican candidates win the popular vote.
While there is usually a projected winner announced on Election Night in November, the actual Electoral College vote takes place in mid-December when electors meet in their respective states. During this time, the winner is called the President-Elect as the Electoral College has not confirmed the winner as yet and the candidate has not taken the oath of office. This year, the Electoral College meeting will take place on December 17, 2024. At this meeting, the electors vote for President and Vice President on separate ballots, per the 12th Amendment in the Constitution. These votes are recorded on six Certificates of Vote, which contain two distinct lists, one for President and one for Vice President. These six Certificates of Vote are paired with six Certificates of Ascertainment, which are official documents that identify a state’s appointed electors for U.S. President and Vice President, and the final vote count for each candidate that received popular votes.
By December 24, 2024, the electoral votes must be received by the President of the U.S. Senate and the Archivist of the United States, who coordinates some of the ministerial functions of the Electoral College. On or before January 3, 2025, the Archivist transfers the certificates to Congress.
On January 6, 2025, the U.S. Congress will meet in a joint session to count the electoral votes. “The Vice President, as President of the Senate, presides over the count and announces the results of the Electoral College vote. The President of the Senate then declares which persons, if any, have been elected President and Vice President of the United States.”
“If any objections to the electoral votes are made, they must be submitted in writing and be signed by at least one-fifth of the members of the House and one-fifth of the Senators. The House and Senate would withdraw their respective chambers and then consider the merit of the objection. Only two grounds for objection are acceptable: that the electors of the State were not lawfully certified under a Certificate of Ascertainment, or that the vote of one or more electors has not been regularly given.”
The President-elect takes the oath of office and is sworn into office on January 20, 2025, which is known as Inauguration Day.
Resources:
https://www.usa.gov/electoral-college
https://www.archives.gov/electoral-college/faq#ecpopulardiffer
https://www.archives.gov/electoral-college/electors#selection
https://www.archives.gov/electoral-college/key-dates