The Hill Hillary Out Again to End Electoral College

Please Note: NCSL does not accept the names of the individual presidential electors in each land, nor does NCSL have their contact information. You must contact either your state's election officials or political parties for information.

Overview

The Electoral College is a unique method for indirectly electing the president of the United States. It was established past Commodity Two, Section 1, Clause ii of the U.S. Constitution and modified by the 12^th and 23^rd Amendments.

The Electoral College consists of a total of 538 members, one for each U.S. senator and representative, and 3 boosted electors representing the District of Columbia. Each state has a number of electoral votes equal to the combined total of its congressional delegation, and each country legislature is free to determine the method it will use to select its own electors.

Currently, all states select electors through a popular vote (although how that vote works tin differ), but that was not always the case throughout American history. In many states, the state legislature selected electors, a practice which was common until the mid-1800s.

The Electoral College in 2020

The following is a summary of how the Balloter Higher will work in the 2020 presidential election:

• Spring and Summer 2020:Nomination of Electors. The political parties in each country nominate their electors. Parties and states have different ways of going most this, but a party's presidential electors are more often than not loyal or consequent party members. The parties desire to exist sure they tin can rely on their electors to cast their votes for the political party's nominee for president.
• Nov. 3, 2020:Election Day, when voters in each state volition select their presidential electors. The names of electors are not on the ballot in virtually states. Rather, when a voter casts a vote for a presidential candidate, south/he is besides casting a vote for the electors already selected by the political party of that candidate. If a majority of voters in a land vote for the Republican candidate for president, the Republican slate of electors is elected. If a majority vote for the Autonomous candidate, the Autonomous slate of electors is chosen.
• Dec. 8, 2020:Deadline for Resolving Election Disputes. All state recounts and court contests over presidential election results must be completed by this date. (3 The statesC. § 5). For the majority of states the date of certification is the same as for all contests, just in eight states at that place is a deadline that either straight references 3 USC §5 or uses similar language, requiring that disputes surrounding the option of presidential electors be resolved in time to come across the "safe harbor" deadline: Indiana, Iowa, New Jersey, N Carolina, Ohio, Tennessee, Texas and Virginia. For detailed information on state post-election processes, delight visit this page.
• Dec. fourteen, 2020:Coming together of the Electors. The electors meet in each state and bandage their ballots for president and vice president. Each elector votes on his or her ain ballot and signs it. The ballots are immediately transmitted to various people: one re-create goes to the president of the U.Southward. Senate (who is also the vice president of the United states); this is the copy that will exist officially counted later. Other copies become to the land's secretary of land, the National Archives and Records Assistants, and the presiding estimate in the commune where the electors meet (this serves every bit a fill-in copy that would replace the official copy sent to the president of the Senate if it is lost or destroyed).
• Dec. 23, 2020: Deadline for Receipt of Ballots. The electors' ballots from all states must be received by the president of the Senate by this date. There is no penalty for missing this borderline.
• Jan. 6, 2021:Counting of the Balloter Ballots. The U.Southward. Congress meets in joint session to count the electoral votes.
• Jan. 20, 2021:Inauguration Twenty-four hours.  The president-elect becomes the president of the United States.

Nomination of Electors

The U.S. Constitution does non specify procedures for the nomination of candidates for presidential elector. The two virtually mutual methods united states have adopted are nomination by state political party convention and past country party commission. Generally, the parties select members known for their loyalty and service to the party, such as political party leaders, state and local elected officials and party activists. In some states, the electors' names announced on the election forth with the names of the candidates for president and vice president. Notwithstanding, in about states, electors' names are not printed on the ballot. When a voter casts a vote for a candidate for President of the United States, southward/he is in actuality casting a vote for the presidential electors who were selected by that candidate's party.

Awarding Electoral Votes

All l states and the District of Columbia apply one of ii methods for application their electoral votes:

The Winner-Take-All System

In 48 states and the Commune of Columbia, when a candidate for president wins a land's popular vote, that party'southward slate of electors will be the ones to bandage the vote for president of the United States in Dec. For instance, Florida has 29 electoral votes. If President Donald Trump wins the country's popular vote on Nov. three, the 29 electors nominated past the Republican Political party in Florida will exist selected. These 29 people will get together on Dec. 14 to cast their votes for president of the U.s.a..

The District System

Maine and Nebraska are the only states that exercise not apply a winner-take-all organization. Instead, in these two states, one balloter vote is awarded to the presidential candidate who wins the popular vote in each congressional commune, and the remaining two electoral votes are awarded to the candidates receiving the most votes statewide. This is known as the district organisation. It is possible under the district organization to split the electoral vote for the country. This happened in 2008 in Nebraska: Barack Obama won the balloter vote in the congressional district including Omaha, while John McCain won in the land'south other two districts and won the statewide vote likewise, securing the state'due south two at-large votes. Thus, when the Nebraska presidential electors met in December 2008, in that location were iv Republican electors and one Democrat. That election was the first fourth dimension Nebraska'due south electoral vote was carve up.

Proposed Changes to the Electoral College

In the years since the highly controversial 2000 presidential election, bills have been introduced in every country in the country to change the process for selecting electors. During the period of 2001-2006, well-nigh Electoral Higher reform bills proposed switching to the district system. None of these bills passed. In the years since, attending has largely shifted to the National Popular Vote (NPV). This is an idea that would allow states to bypass the Electoral College without amending the U.S. Constitution. When a state joins the NPV Compact, information technology promises that it will requite all of its electoral votes to the party that wins thenational popular vote, rather than the party that wins thestate popular vote. For instance, if the Autonomous candidate won the pop vote in California, but the Republican candidate won the pop vote nationwide, California would be required to send the Republican slate of electors to the meeting of the electors. The NPV has not however taken result; states with a total of at to the lowest degree 270 electoral votes must bring together before it tin function. Read more about the National Popular Vote.

The thought of abolishing the Electoral Higher and instead electing the president by straight popular vote comes nigh every few years. Abolishing the Electoral Higher requires an amendment to the Usa Constitution. In that location are two ways to practise that:

• Congress can propose an subpoena by a 2-thirds vote of both chambers. The amendment then has to be ratified past the legislatures of three-fourths of the states. All existing amendments to the Constitution were made in this manner.
• The legislatures of 2-thirds of the states tin can petition Congress to convene a Ramble Convention. At a Constitutional Convention, whatever office 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 subpoena would accept to exist ratified by 3-fourths of the states. This method has never been invoked.

Faithless Electors

At that place is no federal police or constitutional provision requiring electors to vote for the party that nominated them, and over the years a number of electors have voted confronting the instructions of the voters. In 2004, a Minnesota elector nominated by the Democratic Political party bandage a election for John Edwards, the vice presidential running mate of John Kerry--thought to exist an accident. Electors generally are selected by the political party for their political party loyalty, and many are political party leaders, and thus non likely to vote other than for their party's candidate.

In 2016, at that place were seven faithless electors, the near since 1972—three Democratic electors from Washington state bandage their votes for Republican Colin Powell, instead of Democrat Hillary Clinton; one Democratic elector from Washington land cast his vote for Religion Spotted Eagle, a woman who is a member of the Yankton Sioux Nation; one Democratic elector from Hawaii bandage his vote for Bernie Sanders, instead of Hillary Clinton; one Republican elector from Texas bandage his vote for John Kasich, instead of Donald Trump; and i Republican elector from Texas cast his vote for Libertarian Ron Paul. The last time an elector crossed political party lines was in 1972, when an elector nominated past the Republican Party cast his ballot for the Libertarian ticket.

Some states have passed laws that crave their electors to vote as pledged. These laws may either impose a fine on an elector who fails to vote according to the statewide or district pop vote, or may disqualify an elector who violates his or her pledge and provide a replacement elector. In July 2020, the U.South. Supreme Court ruled that information technology is ramble for states to enact this type of constabulary. The states with laws that attempt to bind the votes of presidential electors are below:

States With Laws That Endeavor to Bind the Votes of Presidential Electors

Alabama (Ala. Lawmaking §17-fourteen-31)	Mississippi (Miss. Code Ann. §208.46)
Alaska (Alaska Stat. §fifteen.xxx.090)	Montana (Mont. Code Ann. §13-25-307)
Arizona (Ariz. Rev. Stat. §16-212)	Nebraska (Neb. Rev. Stat. §32-714)
California (Cal. Elec. Code §6906)	Nevada (Nev. Rev. Stat. §298.075)
Colorado (Colo. Rev. Stat. §i-iv-304)	New United mexican states (North.1000. Stat. Ann. §1-xv-9)
Connecticut (Conn. Gen. Stat. §ix-176)	North Carolina (N.C. Gen. Stat. §163-212)
Delaware (Del. Code Ann. tit. fifteen, §4303(b))	Oklahoma (Okla. Stat. tit.26 §x-102)
District of Columbia (D.C. Lawmaking §1-1001.08)	Ohio (Ohio Rev. Code §3505.40)
Florida (Fla. Stat. §103.021)	Oregon (Or. Rev. Stat. §248.355)
Hawaii (Haw. Rev. Stat. §14-28)	South Carolina (S.C. Code Ann. §vii-19-lxxx)
Indiana (Ind. Code §3-10-4-1.vii)	Tennessee (Tenn. Code Ann. §ii-15-104)
Iowa (Iowa Code §54.8)
Maine (Me. Stat. tit.21-A, §805)	Vermont (Vt. Stat. Ann. §2732)
Maryland (Md. Code Ann. §eight-505)	Virginia (Va. Lawmaking Ann. §24.two-203)
Massachusetts (Mass Gen. Laws ch.53, §8)	Washington (Wash. Rev. Code §29A.56.090)
Michigan (Mich. Comp. Laws §168.47)	Wisconsin (Wis. Stat. §seven.75)
Minnesota (Minn. Stat. §208.46)	Wyoming (Wyo. Stat. Ann. §22-19-108)

Most of the laws cited above require electors to vote for the candidate of the party that nominated the elector, or require the elector to sign a pledge to do so. Some go further: Oklahoma imposes a civil punishment of $1,000; in Northward Carolina, the fine is $500, the faithless elector is deemed to have resigned, and a replacement is appointed. In South Carolina, an elector who violates his or her pledge is subject field to criminal penalties, and in New United mexican states a violation is a fourth degree felony. In Michigan, a candidate who fails to vote as required is considered to have resigned, and a replacement is appointed.

Additional Resource

• U.Due south. National Athenaeum and Records Administration
• National Popular Vote (advocacy group)
• Congressional Research Service: 2020 Presidential Election Timeline
• Debating the Balloter College - Land Legislatures Magazine
• NCSL's National Popular Vote

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Source: https://www.ncsl.org/research/elections-and-campaigns/the-electoral-college.aspx

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