1. Institutions of American Government
Module 4.2: The Presidency
Section 3: Mode of Election

2. Electing the President
President and Vice-President are not directly elected by voters in the United States
There is no national election
The Electoral College
States determine how to choose electors for their state
How does this work?
How is it supposed to work?

3. What Voters See PotUS + VPotUS General Election PotUS Candidate PotUS
Primary Election
Primary Election
Voters

4. What Actually Happens PotUS+VPotUS PotUS/VPotUS Candidates
Electoral College
National
National
Electors
(Party Candidates for Electoral College)
Electors
(Party Candidates for Electoral College)
State
State
General Election
Party Org
Party Org
Primary Election
Primary Election
Voters

5. The Electoral College: Then & Now
Each State shall appoint a number of electors
in such manner as the legislature thereof may direct
States may choose how electors are chosen
Direct election of individual electors
Direct election of “slates”
The current preferred method in 48 states (including Texas)
Modified direct election (Maine & Nebraska)
By congressional district
At large slate of two
Appointment by state legislature
The originally preferred method by at least 25% of states
Appointment by executive authority
Equal to congressional representation
Both House and Senate
Congress may determine the Time of choosing electors
and the Day the electors Vote
Day the same throughout the United States

6. The Original Mode of Presidential Election: 1787-1803
Electors meet in their respective states
Cast two ballots for President
One ballot must be for a person who lives in a different state from the Elector
Counting electors’ ballots
If the most votes= 50%+1
Highest # votes=President
2nd highest # votes= Vice President
If more than one receives a majority
House of Reps chooses President from the top 5
House members must vote as states
Each delegation= 1 vote

7. The Elections of 1788-1800 1788 (term begins 1789)
Most votes: Geo. Washington
non-partisan
2nd most: John Adams
Federalist Society
1792 (term begins 1793)
1796 (term begins 1797)
Most votes: John Adams
2nd most: Thomas Jefferson
Anti-Federalist
1800 (term begins 1801)
Most votes: Thomas Jefferson
Most votes: Aaron Burr
Democratic-Republican
Decision made by the House of Representatives

8. Amendment XII Electors meet in their respective states
Cast two ballots
One for President
One for Vice President
One ballot must be for a person who lives in a different state from the Elector
Counting electors’ ballots
If the most votes for President = 50%+1
Highest # votes=President
If the most votes for Vice President = 50%+1
Highest # votes= Vice President
If no one receives a majority for President
House of Reps chooses President from the top 3
House members must vote as states
Each delegation= 1 vote
If no one receives a majority for Vice President
Senate chooses Vice President from the top 3

9. The Election of 1824 Presidential Candidates
Andrew Jackson
Democratic-Republican from TN
William Crawford
Democratic-Republican from GA
John Q. Adams
Democratic Republican from MA
Henry Clay
Democratic-Republican from KY
Electoral College Results
Jackson
99 votes
JQ Adams
84 votes
Crawford
41 votes
Clay
37 votes
No candidate carried a majority
Decision ‘thrown’ to US HR
US HR Split between Jackson & Crawford
Crawford suffers stroke
US HR chooses JQ Adams
Vice Presidential Candidates
John C. Calhoun
Democratic-Republican from SC
Nathan Sanford
Democratic-Republican from NY
Nathaniel Macon
Democratic Republican from NC
Andrew Jackson
Democratic-Republican from TN
Martin van Buren
Henry Clay
Democratic-Republican from KY
Electoral College Results
Calhoun
182 votes
Sanford
30 votes
Macon
24 votes
Jackson
13 votes
Van Buren
9 votes
Clay
2 votes

10. The Election of 1876 Presidential Candidates Electoral College Ballots
Rutherford B. Hayes
Republican from OH
Samuel J. Tilden
Democrat from NY
Peter Cooper
Greenback Labor Party from NY
Green Clay Smith
Prohibition Party from KY and MT Terr.
James A. Walker
American Party from VA
Electoral College Ballots
Hayes: 185
Tilden: 184
All others: 0
The Controversy:
Most states chose popular elections for electoral slates by 1876 (CO excepted)
One Oregon elector disqualified (held federal office)
Tilden receives 51% of the ‘popular vote’
Democrats claim fraud in FL, LA, OR, SC
Congress appoints electoral commission to investigate

11. The Election of 1888 Presidential Candidates Electoral College Ballots
Benjamin Harrison: Republican from IN
Grover Cleveland: Democrat from NY
Clinton B. Fisk: Prohibition Party
Alson J. Streeter: Union Labor Party
Electoral College Ballots
Harrison: 233 Votes
Cleveland: 168 votes
All others: 0 votes
The Controversy
Most states chose popular elections for electoral slates
Total “popular” votes:
Harrison: 5,443,892
Cleveland: 5,534,488
Questionable tactics
“Blocks of Five”
William Wade Dudley of IN advises “trusted men” to pay voters to vote Republican
The Murchison Letter
CA Republican Osgoodby writes British ambassador under an assumed name asking how to vote
UK Ambassador recommends Cleveland
Mobilizes Irish-American vote against Cleveland

12. The Election of 2000 Presidential Candidates Electoral College Ballots
Albert Gore Jr.: Democrat from TN
George W. Bush: Republican from TX
Harry Browne: Libertarian from TN
Ralph Nader: Green Party from CT
Patrick Buchanan: Reform Party from VA
Howard Phillips: Constitution Party from VA
John Hagelin: Natural Law Party from IA
Electoral College Ballots
Bush
271 votes
Gore
268 votes
All others
0 votes
The Controversy
Most states chose popular elections for electoral slates
Total “popular” votes:
Gore: 51,003,926
Bush: 50,460,110
Florida Electoral Laws require automatic recounts in case of slim margins
Four counties recounted continuously
Several lawsuits filed, most were rejected or withdrawn
Bush v. Gore: claims injury by Gore by insisting on Florida SC decision
Gore v. Bush: claims injury by Bush through lawsuit
Bush v. Florida: claims violation of Equal Protection of the Laws by Florida SC
Gore v. Florida: also claims violation of Equal Protection

13. 2000 Election Chronology: Week 1
Tuesday, Nov. 7—Election Day.
Pundits have predicted a tight race between Texas governor George W. Bush and Vice President Al Gore, but few expect one of the closest elections in U.S. history. By early evening, it's clear the election hinges on Florida.
Wednesday, Nov. 8
Gore calls Bush at approximately 3 A.M. to concede, but retracts the concession shortly after, because Bush's razor-slim lead prompts an automatic recount. He leads Gore by about 1,210 votes out of nearly 6 million cast in Florida. Meanwhile Gore leads in both the national popular count and the electoral college.
 An unusual amount of votes for third-party candidates in Palm Beach County leads to disputes over the county's “butterfly ballots.” A number of ballots in other counties are disqualified because the chad –the small piece of paper punched out of punch-card ballots—did not fully detach from the ballot.

14. 2000 Election Chronology: Week 1 (Continued)
Thursday, Nov. 9
Gore's camp requests a hand recount of the approximately 1.8 million ballots cast in Palm Beach, Miami-Dade, Broward, and Volusia counties, Democratic strongholds.
Friday, Nov. 10
Florida's automatic recount is completed. The Associated Press reports that Bush has retained his lead but only by 327 votes.
Saturday, Nov. 11
The Bush team, led by former secretary of state James Baker, files suit in federal court to block Gore's request for a hand recount. (Bush, et al. v. Gore. This case will eventually decide the outcome of all adjacent cases)
Monday, Nov. 13
Florida secretary of state Katherine Harris announces she will not extend the Nov. 14 deadline for the submission of all state results, excluding absentee ballots from overseas.
A federal judge in Miami rejects Bush's efforts to halt manual recounts. Bush appeals the decision (This is in Bush, et al. v. Gore)

15. 2000 Election Chronology: Week 2
Tuesday, Nov. 14
Harris postpones certification of the state's votes until Nov. 15, so Miami-Dade, Palm Beach, and Broward counties have time to prepare an explanation of why they should hand count their ballots.
Wednesday, Nov. 15
Harris decides that no county offered adequate evidence to justify further hand recounts.
Florida Supreme Court denies a request from Harris to stop the hand recounts. Certification is again postponed.

16. 2000 Election Chronology: Week 2 (Still)
Thursday, Nov. 16
Bush's lawyers present written arguments to the U.S. federal appeals court in Atlanta to end the manual recounts (Bush, et al. v. Gore. Keep your eyes on this case.). Gore's team files a counter motion (Gore v. Bush, et al. Countersuits are not unusual).
Friday, Nov. 17
The Florida Supreme Court blocks Harris from certifying election until it rules on the Democrats' motion to include hand recounts (in re. Gore).
The 11th Circuit Court of Appeals denies the Republicans' motion to stop manual recounts on constitutional grounds (Bush, et al. v. Gore. Still following? Good; we’re just getting started).
Saturday, Nov. 18
With a tally of absentee ballots, uncertified count has Bush ahead of Gore by 930 votes.

17. 2000 Election Chronology: Week 3
Tuesday, Nov. 21
Florida Supreme Court rules that results of hand counts of ballots in Miami-Dade, Palm Beach, and Broward counties must be included in the vote tally if the counts are completed by Nov. 26.
Sunday, Nov. 26
Harris certifies Bush as the winner of Florida’s 25 electoral votes, with a 537-vote lead over Gore. Gore pledges to challenge certification in court. The tally does not include results from Palm Beach County, which finished its hand recount hours after the deadline.
Monday, Nov. 27
Gore contests the Florida results in a circuit court in Tallahassee. (Gore, et al. v. Florida. Now we have three lawsuits!)

18. 2000 Election Chronology: Week 4
Wednesday, Nov. 29
Leon County Circuit Court judge N. Sanders Sauls orders that all ballots from Palm Beach and Miami-Dade counties be sent to Tallahassee for a hearing on whether the hand count, which was incomplete at the time of the court-ordered Nov. 26 deadline, should be included in the final vote tally. (in Gore, et al. v. Florida)
Thursday, Nov. 30
Florida lawmakers, voting along party lines, recommend holding a special session to name the state's 25 electors if the election dispute is not resolved by Dec. 12, six days before the electoral college meets.

19. 2000 Election Chronology: Week 4
Friday, Dec. 1
The U.S. Supreme Court hears arguments on whether the Florida Supreme Court acted properly when it forced the Florida secretary of state to accept manual recounts submitted after the legal deadline (Bush, et al. v. Gore).
The Florida Supreme Court denies Gore's appeal to immediately begin recounting ballots and rejects motion filed by some Palm Beach County citizens who questioned the integrity of the “butterfly ballot.” (Gore v. Florida & in re. Gore)
Gore requests a count of approximately 14,000 “undervotes” from Palm Beach and Miami-Dade counties.
Monday, Dec. 4
Judge Sauls rejects Gore’s contest of the election results, saying the vice president failed to prove that hand recounts would have altered the results. (Gore, et al. v. Florida) Gore appeals to the Florida Supreme Court.
U.S. Supreme Court asks Florida Supreme Court to explain why it ordered Harris to accept results submitted after the Nov. 14 deadline mandated by state law, thus returning the case to Tallahassee. (Bush, et al. v. Gore. Still with us? Good.)

20. 2000 Election Chronology: Week 5
Thursday, Dec. 7
Gore's legal team appeals Sauls' ruling (Gore v. Florida). Bush's lawyers argue that the decision should stand (in re. Gore).
Friday, Dec. 8
The Florida Supreme Court, ruling on Gore's appeal, orders manual recounts in counties with large numbers of undervotes (Gore, et al. v. Florida). Bush appeals to the U.S. Supreme Court and seeks injunction to stop recounts (Bush, et al. v. Florida. Adjacent to Bush v. Gore, but not the same case).
In two separate lawsuits, Leon County Circuit Court judges refuse to throw out absentee ballots from Seminole and Martin counties that had been disputed by Gore (both suits entered as Gore, et al. v. Florida? That’s two more cases!).
Saturday, Dec. 9
The U.S. Supreme Court votes 5–4 to halt the hand recounts and sets a hearing for Dec. 11 (Bush et al. v. Florida).
Florida Supreme Court hears appeal on whether absentee ballots in Martin and Seminole counties should be counted (One of the three Gore, et al. v. Florida cases).

21. 2000 Election Chronology: Week 6
Tuesday, Dec. 12
The U.S. Supreme Court rules in Bush v. Gore 7–2 to reverse the Florida Supreme Court, which had ordered manual recounts in certain counties. The Court contends that the recount was not treating all ballots equally, and was thus a violation of the Constitution's equal protection and due process guarantees. (So, Bush v. Gore is a civil rights case) The Supreme Court of Florida would be required to set up new voting standards and carry them out in a recount. The justices, however, split 5–4 along partisan lines about implementing a remedy. Five justices maintain that this process and the recount must adhere to the official deadline for certifying electoral college votes: midnight, Dec. 12; other justices question the importance of this date. Since the Court makes its ruling just hours before the deadline, it in effect ensures that it is too late for a recount. The decision generates enormous controversy. Those objecting to the ruling assert that the Supreme Court, and not the electorate, has effectively determined the outcome of the presidential election. As Justice Ruth Bader Ginsburg writes in a scathing dissent, “the Court’s conclusion that a constitutionally adequate recount is impractical is a prophecy the Court’s own judgment will not allow to be tested. Such an untested prophecy should not decide the Presidency of the United States.”

22. 2000 Election Chronology: Week 6
Wednesday, Dec. 13
In another decision, Florida Supreme Court decides not to hear an appeal from Gore asking that absentee ballots from Martin and Seminole counties be thrown out. (That’s Gore, et al. v. Florida #2 and #3)
 In televised speeches, Gore concedes, and Bush accepts the presidency.
Monday, Dec. 18
Electoral college representatives meet in state capitals and cast votes to select president.

23. 2000 Election Chronology: The End Result
Wednesday, Jan. 5
Congress meets to tally electoral college results.
Saturday, Jan. 20
George W. Bush sworn in as 43rd president of the United States.

24. Questions for Discussion: The Presidential Election of 2000
Could a President and Vice President be elected without all states reporting their electoral college decisions?
If Florida failed to report in time would its electoral ballots would be disqualified?
Was the political deck in Florida stacked in favor of Bush?
Did the US Supreme Court actually decide in Bush’s Favor?
Why did the Florida Supreme Court ultimately decide the Electoral College ballot in Florida?
Why did this become a judicial matter and not a matter for the US House of Representatives?