1. The Election Process Module 6.4: Presidential 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 Voters Primary Election General Election Primary Election PotUS + VPotUS PotUS Candidate PotUS Candidate VPotUS candidate VPotUS Candidate

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

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 2 nd 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 –2 nd most: John Adams Federalist Society 1792 (term begins 1793) –Most votes: Geo. Washington –2 nd most: John Adams 1796 (term begins 1797) –Most votes: John Adams Federalist Society –2 nd most: Thomas Jefferson Anti-Federalist 1800 (term begins 1801) –Most votes: Thomas Jefferson Anti-Federalist –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 Democratic-Republican from NY –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 –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 –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 –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