AP United States History – Unit 3
Q&A: The US Electoral College
An American president is not chosen directly by the people. Instead, an Electoral College is
used. In a close election, the importance of the College grows.
How does the Electoral College work?
Modern-day American presidential elections are governed by the 12th Amendment to the U.S.
Constitution, which was adopted and ratified by the states in 1804. The 12th Amendment modified the
Constitution's original Article II election procedure to provide for the current system of one-ticket
voting for the President and Vice President.
The Constitution provides for a presidential election among the states, rather than among
individuals. In this election, each state is granted a certain number of representatives, called electors,
to cast votes on its behalf. This national vote among the states is often referred to as the vote of the
Electoral College. States are allocated one elector for each of their representatives in Congress. Each
state therefore automatically receives a minimum of three votes, as it is entitled to at least two
Senators and one Congressman, regardless of population. Adoption of the 23rd Amendment in 1961
provided the District of Columbia with at least three electoral votes, as if it were a state. There are
currently 538 total electors. Following the 2000 census, California has the most electors (55), while
seven states plus the District of Columbia have the minimum number of electors (3).
State legislatures decide how to appoint electors for this national election, and it is generally
agreed that the legislatures may appoint electors in any manner that they choose. Each state, except
Maine and Nebraska, currently uses a "winner-take-all" system, whereby the presidential candidate
winning the state's popular vote is awarded the state's entire slate of electors. Maine and Nebraska
each give two electoral votes to the winner of the state's popular vote and select the remaining
electors by congressional district.
The Electoral Count Act of 1887, as updated through the years, currently provides an election
timeline: Election Day is the Tuesday following the first Monday in November in any given presidential
election year. Each state certifies a slate of electors based upon the outcome of its popular vote.
These electors assemble in their state on the first Monday after the second Wednesday in December.
On this day, the electors cast the votes that officially determine who will be the next President of the
United States. Congress meets in joint session to count these votes on the following January 6.
To be elected President, a candidate needs a majority of these states' electoral votes, which
are cast in December. He does not need a majority of the direct popular vote cast on Election Day.
At this time, 270 votes constitute a majority of the Electoral College and will win the presidency for a
candidate.
Why was the system chosen?
When the United States was founded, a national campaign was almost impossible given the
communications; states were jealous of their rights; political parties were suspect and the popular
vote somewhat feared.
The framers of the Constitution in 1787 rejected both the election of the president by Congress because of the separation of powers - and election by direct popular vote, on the grounds that people
would vote for their local candidate and the big states would dominate.
Another factor was that Southern states favored the College system. Slaves had no votes but
counted as three-fifths of a person for computing the size of a state's population. The original idea
was that only the great and the good in each state would make up the electors in the Electoral
College. Over the years the College has been changed to better reflect the popular will.
Isn't it unfair that the winning candidate might get fewer popular votes?
This is seen as a major drawback of the system. In 2000 Al Gore won 48.38% of votes
nationwide compared to George Bush's 47.87%. Ralph Nader took 2.74%. Yet Mr. Bush won
because he got 271 Electoral College votes compared to 266 for Mr. Gore. The winning votes came
from Florida whose 25 College seats all went to Mr. Bush despite the difference between the two in
AP United States History – Unit 3
the state's popular vote being only 537. A similar thing happened in 1888 when Benjamin Harrison
won in the College despite having fewer popular votes than Grover Cleveland.
Another drawback is that in many states the result is a foregone conclusion and there is thus
little incentive for the individual to vote. It is also a disincentive for candidates to campaign there.
So what are the advantages?
 The Electoral College system is respected for its historical roots and because it does usually
reflect the popular vote. It also gives greater weight to smaller states - one of the checks and
balances the US Constitution values. For example, the largest state, California, has 12.03% of
the US population but its 55 Electoral College votes represent only 10.22% of the College total.
Wyoming, a sparsely populated state, has 0.18% of the US population but its three seats in the
Electoral College give it 0.56% of the College votes.
 The College system also means that a candidate needs to get a spread of votes from across
the country.
 It shows federalism in action – the college system still accords high priority to the states. Any
direct system would bypass the states. The electoral college protects federalism.
 The college usually makes the choice clear, even where the popular vote is close, e.g. 1960
the popular vote dividing Kennedy and Nixon was only 0.1% but the electoral college result
was clear.
What happens if no candidate gets a majority of Electoral College votes?
The decision is taken by the House of Representatives, because its seats are in proportion to
the population and therefore reflects the popular will better than the Senate. Each state delegation,
however, has only one vote, which means that the majority party in each delegation controls the vote.
An absolute majority of states is required for election. This occurred in 1824, 1876, and 1888.
The vice-president is chosen by the Senate, with senators having an individual vote.
Are the electors in the College bound to vote for their candidates?
The electors are chosen by the parties before the election, often in a vote at a convention.
In some states they have a free vote but in practice they vote for the candidates they are pledged to.
In other states they are required to do so. From time to time, individuals or small groups, called
"faithless" electors, vote for another candidate but this has happened only rarely and no result has
been changed by it. In 2000 an elector from the District of Columbia abstained. If the result is
extremely close, a "faithless" elector could cause real trouble. The issue would probably have to be
decided by the courts.
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