1. PLS 121: American Politics and Government The Constitution The Electoral College

2. 2 / 15 The Original Intent The office should seek the man, not the other way around The EC was a compromise between popular election and Congressional election –Electors were to be the elite of the country –Electors were to know the candidates and be able to make the best decision for the country –Electors were immune from demagoguery

3. 3 / 15 The Possibilities Considered Congress choose president State legislatures select president People elect the president (direct, popular vote) Indirect election of president through College of Electors (e.g. College of Cardinals)

4. 4 / 15 The Number of Electors The number of electors was a compromise between the large and small states –The number of electors is equal to the total Congressional representation for the state –That is, the number of Representatives plus the number of Senators –This overemphasizes the power of the small states in the selection process BUT, why do the candidates not camp out in Wyoming?

5. 5 / 15 The Result (Art II §1 ¶3) Electors chosen by the state legislatures –Electors meet in state capital to vote –One vote for President; one vote for Vice President from the list –Those votes were transmitted to the Senate president –They were then counted The candidate with the most votes was the President –The candidate with the second most votes was the Vice President

6. 6 / 15 The First Problems Election of 1796 –President (John Adams) and Vice President (Thomas Jefferson) were of opposite party Why would this happen? Election of 1800 –There was a tie in the Electoral College between the intended President (Thomas Jefferson) and the intended Vice President (Aaron Burr) Why did this happen?

7. 7 / 15 First Fix: Amendment XII Two slates: –One for President –One for Vice President The electors cast two separate ballots, not just two votes

8. 8 / 15 Today Eventually, it became the norm for the Electors to be popularly elected, not appointed In fact, the Electors have all but disappeared from the ballot –Some states: The Electors must vote as they pledge –Most states: The Electors are chosen by a state vote (Winner take all) –NE and ME: Two Electors for winning the state, and one for each district won

9. 9 / 15 Electoral Confounders Constitutional Requirement: –Both a majority of votes cast and the highest vote total is required to be President What if no one gets elected by the Electoral College? –The House votes for the top three (originally five), with one vote per state delegation –The Senate chooses the Vice President from the top two (originally three), one vote per Senator A subsequent tie is resolved with a vote between the tied individuals

10. 10 / 15 Faithless Electors Only seven in the 20th century, and none this century –Last one was 1988, when a WV elector votes Bentsen for President and Dukakis for VP Faithless Electors have never changed the outcome –Usually just a political statement

11. 11 / 15 Other Items When does a person become President-Elect? –Wednesday after the third Tuesday of December, when the votes are counted What if the President-Elect dies before assuming office? –The Vice President-Elect becomes President What if the winning candidate dies before becoming President- Elect? –The Electors are free to vote as they see fit, so there is no problem

12. 12 / 15 Important Dates Tuesday after the first Monday in November: –We vote for electors Monday after second Wednesday of December: –Electors vote in their respective states January 6: –Electoral votes counted January 20, noon: –President-Elect becomes President

13. 13 / 15 Questions Why was the President not elected popularly? Do those reasons hold today? Should the Electoral College be eliminated in favor of popular election?

14. 14 / 15 Questions What if a state holds a bad election and the will of the people is not done? –In 1887, the Congress enacted legislation that delegated to each State the final authority to determine the legality of its choice of Electors and required a concurrent majority of both houses of Congress to reject any electoral vote.

15. 15 / 15 Reading Assignment Read: Constitution, Article Read: SSB: Chapter 9