The Electoral College Who? What? Why? Problems?

Why Giving the power to Congress would destroy the separation of powers. Most of the Constitutional Delegates opposed direct election of the President by voters at large.

Original Plan Each state is to choose a group of electors as directed by the state legislature. The number of electors are based on the number of Senate and House seats. No elector can be a member of Congress or hold any federal office.

Original Plan (cont.) Members were to meet in their own state. Each elector would vote for two candidates. Results were sealed to be opened by VP before a joint session of Congress. Candidate receiving the majority would be President. Candidate that is second would become VP.

Original Plan (cont.) In case of a tie The House of Representatives chooses the President. Each state would cast one vote, winner needed a majority.

Election of 1800 Ended in a tie. Election went to the House Alexander Hamilton persuaded enough member to elect Jefferson President, because He did not like Aaron Burr. Led to passage of 12 th Amendment.

12 th Amendment Required electors to cast separate ballots for President and Vice President.

Electoral College Today Electors are elected every for years on the Tuesday after the first Monday in November (Presidential Election day). In ¾ of the state the Electors names don’t appear on the ballot. In these states it is assumed that a vote for presidential candidate is assumed to be vote for corresponding elector.

Choosing Electors The Constitution does not specify how electors are to be nominated. Since 1800 parties have chosen them. Voters cast ballots, each state then decides how the electoral vote is distributed. All except Nebraska, and Maine award electors on “winner takes all” basis.

Today (cont.) The President is not technically elected until the first Monday following the second Wednesday in December. Electors meet in their state capitols to sign and send ballots. 538 Total Electoral Votes. 270 Electoral Votes needed to be President.

Problems Violates the “one person, one vote” principle. Can result in election of a President who loses the popular vote. Can result in a switch of a few thousand votes changing an elections results. Electors not legally bound to cast vote for states popular vote.

Reforms Proportional vote plan. – Popular vote and Electoral vote are equal. – Electoral vote given in proportion to number of popular vote. – Does not balance the votes of small and large states.

Reforms (cont.) District vote plan. – Electoral votes determined by congressional districts. – Used in Maine – Candidate with majority of electoral votes nationwide would become President. – Still allows for election of a President who has not won the popular vote. – Might increase temptation to gerrymander.

Reform (cont.) Direct vote plan. – Most popular vote to replace the electoral college vote. – It is simple to understand. – It treats every vote equally – Presidential Candidates would be encouraged to campaign in all states. – Person with majority of popular vote wins.

Reform (cont.) Direct vote plan. – Would encourage third party candidates. – Chances of a winning candidate getting the majority decreases. Any change in the Electoral College System requires an amendment.