The Electoral College: How Electors Are Chosen

The Electoral College is a cornerstone of the U.S. presidential election process, yet it often remains shrouded in mystery. It is the institution-and by extension, the process-used to elect the next president of the United States every four years. Unlike many elections where candidates are directly elected by popular vote, the president and vice president are chosen through the Electoral College. This article delves into the intricacies of how electors are chosen, their role, and the historical context of this unique system.

Understanding the Electoral College

The Electoral College is not a physical place but a process defined in the Constitution. It consists of 538 electors, with each state receiving a number of electors equal to its total number of members in Congress (House of Representatives and Senate). The District of Columbia is allocated 3 electors under the 23rd Amendment. A majority of 270 electoral votes is required to win the presidency.

The Two-Part Process of Choosing Electors

Choosing each State's electors is a two-part process.

Nomination by Political Parties

First, the political parties in each State choose slates of potential electors sometime before the general election. The first part of the process is controlled by the political parties in each State and varies from State to State. Generally, the parties either nominate slates of potential electors at their State party conventions or they chose them by a vote of the party's central committee. This happens in each State for each party by whatever rules the State party and (sometimes) the national party have for the process. Political parties often choose individuals for the slate to recognize their service and dedication to that political party. They may be State elected officials, State party leaders, or people in the State who have a personal or political affiliation with their party's Presidential candidate.

Popular Vote and Appointment of Electors

The second part of the process happens during the general election. When the voters in each State cast votes for the Presidential candidate of their choice they are voting to select their State's electors. The winning Presidential candidate's slate of potential electors are appointed as the State's electors-except in Nebraska and Maine, which have proportional distribution of the electors. In Nebraska and Maine, the State winner receives two electors and the winner of each congressional district (who may be the same as the overall winner or a different candidate) receives one elector.

State-Specific Procedures

The method of choosing electors varies by state, as the Constitution grants each state legislature the power to determine the manner of selection. Electors are typically elected officials or significant party members. In many states, electors are nominated during their party’s nominating conventions, similar to other candidates appearing on the ballot.

For instance, in North Carolina, political parties file the names of their candidates for electors for their nominees for president and vice-president with the North Carolina Secretary of State. If unaffiliated candidates qualify, they also must file with the Secretary of State the names of their candidates for electors for their nominees for president and vice-president.

The Role of Electors After the Election

After Election Day, each state’s chief election official (in most states, the Secretary of State) prepares a certificate of ascertainment detailing the names of and total number of votes cast for each elector. Electors are then required to convene in person in their states to formally cast their votes on “the first Tuesday after the second Wednesday in December following the general election”.

Each State's Certificates of Ascertainment confirms the names of its appointed electors.

Electors meet in their respective States, where they cast their votes for President and Vice President on separate ballots. Your State’s electors’ votes are recorded on a Certificate of Vote, which is prepared at the meeting by the electors.

Faithless Electors and State Laws

Electors are not bound by the Constitution or federal law to vote according to the popular vote in their state; however, 38 states and Washington, D.C., have laws in place requiring electors to vote for their party’s pledged candidate. The Supreme Court decision in Chiafalo v. Washington (2020) affirmed that states can enact requirements on how electors vote.

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. No elector has ever been prosecuted for failing to vote as pledged. 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.

Counting and Certifying Electoral Votes

Each State’s electoral votes are counted in a joint session of Congress on the 6th of January in the year following the meeting of the electors. Members of the House and Senate meet in the House Chamber to conduct the official count of electoral votes. The Vice President of the United States, as President of the Senate, presides over the count in a strictly ministerial manner and announces the results of the vote.

Congress convenes a joint session in January to count and certify each states’ electoral votes.

Historical Context and Evolution

The process for electing a president and vice president through the Electoral College was altered by the ratification of the 12th Amendment in 1804. The original process outlined in the Constitution awarded two votes per elector, who were permitted to vote for whichever two candidates they found fit for the presidency (with the requirement that at least one be from another state than the elector’s own).

The compromise was reached after other proposals, including a direct election for president (as proposed by Hamilton among others), failed to get traction among slave states.

From the 1804 presidential election onwards, electors were required to cast one vote each for president and vice president. Additionally, the adoption of the 23rd Amendment in 1960 awarded three presidential electors to Washington, D.C., bringing the total number of electors to 538.

The Rationale Behind the Electoral College

In the Federalist Papers, James Madison explained his views on the selection of the president and the Constitution. In Federalist No. 39, Madison argued that the Constitution was designed to be a mixture of state-based and population-based government. Congress would have two houses: the state-based Senate and the population-based House of Representatives.

Alexander Hamilton in Federalist No. 68, published on March 12, 1788, laid out what he believed were the key advantages to the Electoral College. The electors come directly from the people and them alone, for that purpose only, and for that time only. This avoided a party-run legislature or a permanent body that could be influenced by foreign interests before each election.

Hamilton explained that the election was to take place among all the states, so no corruption in any state could taint "the great body of the people" in their selection. The choice was to be made by a majority of the Electoral College, as majority rule is critical to the principles of republican government.

Criticisms and Unusual Scenarios

It is possible to win the Electoral College but lose the popular vote. This happened in 2016, 2000, and three times in the 1800s.

If no candidate receives the majority of electoral votes, the vote goes to the House of Representatives.This has happened twice. The first time was following the 1800 presidential election when the House chose Thomas Jefferson.

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