The Electoral College
Updated April 20, 2009
The electoral college is established by the U.S. Constitution and modified by the 12th and 23rd Amendments. It includes a total of 538 members: one for each Senator and Representative, and three additional electors representing the District of Columbia. Each state has a number of electoral votes equal to the combined total of its Congressional delegation. The following is a summary of how the Electoral College process worked in 2008:
November 4, 2008 - General Election. The voters in each state chose their electors.
December 15, 2008 - Meeting of the Electors. The electors in each state cast their votes on "Certificates of Vote," signed the certificates, and forwarded them to the President of the Senate, the Archivist of the United States, and other federal and state officials.
December 24, 2008 - Deadline for reciept of electoral votes by designated state and federal officials.
January 8, 2009 - Counting of Electoral Votes: Congress met in a joint session to count the electoral votes. Any member of Congress may challenge any electoral vote. If this occurs, the House and Senate must vote on whether to accept or reject the vote. A simple majority vote of both chambers is required to reject an electoral vote.
Nomination of Electors
The U.S. Constitution does not specify procedures for the nomination of candidates to the office of Presidential Elector. The two most common methods the states have adopted are nomination by state party convention and by state party committee. Generally, the parties select members known for their loyalty and service to the party, such as party leaders, state and local elected officials and party activists. In some states, the electors names appear on the ballot along with the names of the candidates for president and vice president. In other states, electors' names are not printed on the ballot.
Selection of Electors by Voters
In 48 states and the District of Columbia, all electoral votes are awarded to the slate that receives the most popular votes in the state. This is known as the winner-take-all system. Maine and Nebraska are currently the only states that do not use a winner-take-all system. In those states, one electoral vote is awarded to the presidential candidates receiving the most votes in each of the congressional districts, and the remaining two electoral votes are awarded to the candidates receiving the most votes statewide. This is known as the district system.
Between 2001 and 2008, bills were introduced in every state in the country to change the process for selecting electors. Nearly 300 bills were introduced all together. Very few were passed. Most of the bills proposing changes to the Electoral College that have passed were introduced in the last two years. They would adopt the National Popular Vote Compact. If enough states adopt the Compact so that their electoral votes constitute a majority (270), the Compact would take effect. Under the provisions of the Compact, in any participating state, all of the state's electors would be awarded to whichever candidate wins the national popular vote. So far, Hawaii, Illinois, Maryland, New Jersey and Washington have adopted the NPV. Legislatures in California, Rhode Island and Vermont have passed it as well, but have been unable to override gubernatorial vetoes.
There is no federal law requiring electors to vote as they have pledged, and over the years a number of electors have voted against the instructions of the voters. 29 states and the District of Columbia have laws binding electors to the popular vote winners, but most constitutional scholars believe that electors remain free agents and that such laws would not survive constitutional challenge. The states with laws seeking to bind electors to the popular vote winners are:
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States with "Faithless Elector" Laws
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Alabama (Code of Ala. §17-19-2)
Alaska (Alaska Stat. §15.30.040; 15.30.090)
California (Election Code §6906)
Colorado (CRS §1-4-304)
Connecticut (Conn. Gen. Stat. §9-176)
Delaware (15 Del C §4303)
District of Columbia (§1-1312(g))
Florida (Fla. Stat. §103.021(1))
Hawaii (HRS §14-28)
Maine (21-A MRS §805)
Maryland (Election Code §8-505(c))
Massachusetts (MGL, ch. 53, §8)
Michigan (MCL §168.47)
Mississippi (Miss Code Ann §23-15-785(3))
Montana (MCA §13-25-104)
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Nebraska (§32-714)
Nevada (NRS §298.050)
New Mexico (NM Stat Ann §1-15-9)
North Carolina (NC Gen Stat §163-212)
Ohio (ORC Ann §3505.40)
Oklahoma (26 Okl St §10-102; §10-109)
Oregon (ORS §248.355)
South Carolina (SC Code Ann §7-19-80)
Tennessee (Tenn Code Ann §2-15-104(c))
Utah (Utah Code Ann §20A-13-304)
Vermont (17 VSA §2732)
Virginia (§24.2-203)
Washington (RCW §29A.56.320; 29A.56.340)
Wisconsin (Wis Stat §7.75)
Wyoming (Wyo Stat §22-19-108)
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Most of the state laws referenced above state that an elector shall cast his vote for the candidates who won a majority of the popular vote in the state, or for the candidate of the party that nominated the elector. However, several state laws go further. In New Mexico, it is a 4th degree felony for an elector to vote for a candidate other than the one that received the highest number of votes in the state. In three states, if an elector violates his oath to vote for his party's candidates, a fine may be imposed. In North Carolina and Oklahoma, the fine is $500; in Washington it's $1,000. In Michigan, North Carolina, South Carolina and Utah, failure to vote for the candidates of the party which nominated the elector constitutes resignation from the office of elector, the elector's vote is not recorded, and the remaining electors must fill the vacancy. Criminal sanctions may be imposed in South Carolina as well.
Abolishing the Electoral College
Abolishing the Electoral College requires an amendment to the US Constitution. There are two ways to do that:
(1) Congress can propose an amendment by a two-thirds vote of both chambers. The amendment then has to be ratified by the Legislatures of three-fourths of the states. All existing amendments to the Constitution were made in this manner.
(2) The Legislatures of two-thirds of the states can petition Congress to convene a Constitutional Convention. At a Constitutional Convention, any part of the Constitution could be amended; action is not restricted to the sections governing the Electoral College or any other part of the Constitution. Again, any proposed amendment would have to be ratified by three-fourths of the states. This method has never been invoked.
Other Sources of Information
National Archives and Records Administration
Election Assistance Commission
President Elect
Contacts for More Information
Jennie Drage Bowser or Tim Storey.
"Faithless Electors"
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