Electoral College

[Wilma]

I know that some of you can, but would someone explain the electoral college for me?  Then be prepared to take questions.

[dnalexander]

Here is a start. A long article to start and then  short overview at the very bottom.

http://www.archives.gov/federal-register/electoral-college/about.html

The Electoral College, administered by the National Archives and Records Administration (NARA), is not a place, it is a process that began as part of the original design of the U.S. Constitution. The Electoral College was established by the founding fathers as a compromise between election of the president by Congress and election by popular vote. The people of the United States vote for the electors who then vote for the President.

Roles and Responsibilities
The Office of the Federal Register coordinates the functions of the Electoral College on behalf of the Archivist of the United States, the States, the Congress, and the American People. The Office of the Federal Register operates as an intermediary between the governors and secretaries of state of the various States and the Congress. It also acts as a trusted agent of the Congress in the sense that it is responsible for reviewing the legal sufficiency of the certificates before the House and Senate accept them as evidence of official State action.
•   State executives and the electors are responsible for completing election duties outlined by the Constitution of the United States and Federal law. View the responsibilities of the States and the electors in the Presidential Election.

Twelfth Amendment

The Electors shall meet in their respective states, and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same state with themselves; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice-President, and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice-President, and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate; The President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates and the votes shall then be counted;--The person having the greatest number of votes for President, shall be the President, if such number be a majority of the whole number of Electors appointed; and if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President. But in choosing the President, the votes shall be taken by states, the representation from each state having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice.... The person having the greatest number of votes as Vice-President, shall be the Vice-President, if such number be a majority of the whole number of Electors appointed, and if no person have a majority, then from the two highest numbers on the list, the Senate shall choose the Vice-President; a quorum for the purpose shall consist of two-thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President to the United States.

How did the terms "Elector" and "Electoral College" come into usage?

The term "electoral college" does not appear in the Constitution. Article II of the Constitution and the 12th Amendment refer to "electors," but not to the "electoral college." In the Federalist Papers (No. 68), Alexander Hamilton refers to the process of selecting the Executive, and refers to "the people of each State (who) shall choose a number of persons as electors," but he does not use the term "electoral college."

The founders appropriated the concept of electors from the Holy Roman Empire (962 - 1806). An elector was one of a number of princes of the various German states within the Holy Roman Empire who had a right to participate in the election of the German king (who generally was crowned as emperor). The term "college" (from the Latin collegium), refers to a body of persons that act as a unit, as in the college of cardinals who advise the Pope and vote in papal elections. In the early 1800's, the term "electoral college" came into general usage as the unofficial designation for the group of citizens selected to cast votes for President and Vice President. It was first written into Federal law in 1845, and today the term appears in 3 U.S.C. section 4, in the section heading and in the text as "college of electors."

Who Selects the Electors?

The process for selecting electors varies throughout the United States. Generally, the political parties nominate electors at their State party conventions or by a vote of the party's central committee in each State.

Electors are often selected to recognize their service and dedication to their political party. They may be State-elected officials, party leaders, or persons who have a personal or political affiliation with the Presidential candidate.

Then the voters in each State choose the electors on the day of the general election. The electors' names may or may not appear on the ballot below the name of the candidates running for President, depending on the procedure in each State.

Key Electoral College Dates and Events

View all the 2008 Presidential Election Key Dates

    * November 4, 2008 - General Election:
      The voters in each State choose electors to serve in the Electoral College. As soon as election results are final, the States prepare seven original "Certificates of Ascertainment" of the electors chosen, and send one original along with two certified copies to the Archivist of the United States at the Office of the Federal Register.

    * December 15, 2008 - Meeting of Electors:
      The electors in each State meet to select the President and Vice President of the United States. The electors record their votes on six "Certificates of Vote," which are paired with the six remaining original "Certificates of Ascertainment." The electors sign, seal and certify the packages of electoral votes and immediately send them to the Federal and State officials listed in these instructions.

    * December 24, 2008 - Deadline for Receipt of Electoral Votes:
      The President of the Senate, the Archivist of the United States, and other designated Federal and State officials must have the electoral votes in hand.

    * January 6, 2009 - Counting Electoral Votes in Congress:
      The Congress meets in joint session to count the electoral votes (unless Congress passes a law to change the date).

Electoral College Instructions

1.   Appoint Electors
The United States Constitution and Federal law do not prescribe the method of appointment other than requiring that electors must be appointed on the Tuesday after the first Monday in November (November 4, 2008). In most States, the political parties nominate slates of electors at State conventions or central committee meetings. Then the citizens of each State appoint the electors by popular vote in the state-wide general election. However, State laws on the appointment of electors may vary.

Under the Constitution, State legislatures have broad powers to direct the process for selecting electors, with one exception regarding the qualifications of electors. Article II, section 1, clause 2 provides that "no Senator, Representative, or Person holding an Office of Trust or Profit under the United States" may be appointed as an elector. It is not settled as to whether this restriction extends to all Federal officials regardless of their level of authority or the capacity in which they serve, but we advise the States that the restriction could disqualify any person who holds a Federal government job from serving as an elector.

2.   Prepare the Certificate of Ascertainment
After the general election, the Governor of each State prepares seven original Certificates of Ascertainment listing the persons appointed as electors. Federal law does not govern the general appearance of the Certificate of Ascertainment. The format conforms to the law or custom of the submitting State. Federal law requires that the Certificates of Ascertainment be prepared and authenticated in the following manner:

    * Each Certificate must list the names of the electors chosen by the voters and the number of votes received.
    * Each Certificate must list the names of all other candidates for elector and the number of votes received.
    * Each Certificate must be signed by the Governor and carry the seal of the State.

3.   Distribute the Certificate of Ascertainment
One of the seven original Certificates of Ascertainment, along with two certified copies (or two additional originals) must be sent by registered mail to:

    Allen Weinstein
    Archivist of the United States
    National Archives and Records Administration
    c/o Office of the Federal Register (NF)
    8601 Adelphi Road
    College Park, MD 20740-6001

The original Certificate and two certified copies (or duplicate originals) should be sent to the Archivist as soon as possible after the November 4 election results are finalized. At the very latest, they must be received by the electors on the statutory deadline of December 15, 2008 and submitted to the Archivist no later than December 16, 2008.

The Legal Staff of the Office of the Federal Register will examine the Certificates for legal sufficiency and send the certified copies or duplicate originals to the U.S. House and Senate. The other six originals must be retained by the State for the meeting of the State's electors on December 15, 2008. Those six originals will be attached to the Certificates of Vote executed at the Electoral College meeting.

4.   Hold the Meeting of Electors
On the first Monday after the second Wednesday in December (December 15, 2008), the electors meet in their respective States. Federal law does not permit the States to choose an alternate date for the meeting of electors - it must be held on December 15, 2008. The State legislature may designate where in the State the meeting will take place, usually in the State capital. At this meeting, the electors cast their votes for President and Vice President.

If any electors are unable to carry out their duties on the day of the Electoral College meeting, the laws of each State would govern the method for filling vacancies. Any controversy or contest concerning the appointment of electors must be decided under State law at least six days prior to the meeting of the electors.

    * See Title 3, Section 6 of the U.S. Code

There is no Constitutional provision or Federal law requiring electors to vote in accordance with the popular vote in their States. Some States have such requirements.

5.   Prepare the Certificate of Vote
Federal law does not govern the general appearance of the Certificate of Vote. The format is determined under the law or custom of the submitting State. The electors must execute six Certificates of Vote. Federal law requires that the Certificates be prepared and authenticated in the following manner:

    * The Certificates of Vote must contain two distinct lists, one for President and one for Vice President.
          o The Certificates must list all persons who received electoral votes for President and the number of electors who voted for each person.
          o The Certificates must list all persons who received votes for Vice President and the number of electors who voted for each person.
          o The Certificates do not contain the names of persons who did not receive electoral votes.
    * Each of the six Certificates of Vote must be signed by all of the electors.
    * One of the six Certificates of Ascertainment provided to the electors by the Governor must be attached to each of the six Certificates of Vote.
    * Finally, each of the six pairs of Certificates must be sealed and certified by the electors as containing the list of electoral votes of that State for President and Vice President.

6.   Distribute the Paired Certificates of Vote and Certificates of Ascertainment
The six pairs of Certificates must be sent to the designated Federal and State officials as follows:

    * One is sent by registered mail to:

          The Honorable Richard B. Cheney
          President of the United States Senate
          The Capitol
          Washington, DC 20510

    * Two are sent by registered mail to:

          Allen Weinstein
          Archivist of the United States
          National Archives and Records Administration
          c/o Office of the Federal Register (NF)
          8601 Adelphi Road
          College Park, MD 20740-6001

    * Two are sent to:

      The Secretary of State of each State.
          o One of these is held subject to the order of the President of the United States Senate or the Archivist of the United States in case the electoral votes fail to reach the Senate or the Archivist.
          o The other one is to be preserved by the Secretary of State for public inspection for one year.

    * One is sent to:

      The Chief Judge of the Federal District Court located where the electors meet.
          o It is held subject to the order of the President of the United States Senate or the Archivist of the United States in case the electoral votes fail to reach the Senate or the Archivist.

The statutory deadline for the designated Federal and State officials to receive the electoral votes is December 24, 2008. Because of the very short time between the meetings of the electors in the States on December 15 and the December 24 statutory deadline, followed closely by the counting of electoral votes in Congress on January 6, 2009, it is imperative that the Certificates be mailed as soon as possible.

We strongly recommend that the sealed pairs of Certificates be taken to the Post Office on December 15, or no later than the morning of December 16, to minimize delays that could occur during the holiday mail season. Some States may find it useful to alert their local Postmaster to the extraordinarily important nature of the mailing. When the paired Certificates of Vote and Certificates of Ascertainment have been delivered to the designated Federal and State officials, the States' Electoral College duties are complete.

Prior to the election this year, the Legal Staff of the Office of the Federal Register will telephone Secretaries of State and other election officials to establish contact with the States and assure the smooth operation of the Electoral College process.

Contacts

For more information on the Electoral College and the election responsibilities of the States and the Archivist of the United States, contact the Office of the Federal Register:
Telephone:      202-741-6030
E-mail:      electoral_college@nara.gov

What are the qualifications to be an elector?

The U.S. Constitution contains very few provisions relating to the qualifications of electors. Article II, section 1, clause 2 provides that no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector. As a historical matter, the 14th Amendment provides that State officials who have engaged in insurrection or rebellion against the United States or given aid and comfort to its enemies are disqualified from serving as electors. This prohibition relates to the post-Civil War era.

A State's certification of electors on its Certificates of Ascertainment is generally sufficient to establish the qualifications of electors.

Must electors vote for the candidate who won their State's popular vote?

There is no Constitutional provision or Federal law that requires electors to vote according to the results of the popular vote in their States. Some States, however, require electors to cast their votes according to the popular vote. These pledges fall into two categories—electors bound by State law and those bound by pledges to political parties.

Which States bind electors to popular vote results? Refer to Electors Bound by State Law and Pledges  to find out.

The Supreme Court has held that the Constitution does not require that electors be completely free to act as they choose and therefore, political parties may extract pledges from electors to vote for the parties' nominees. Some State laws provide that so-called "faithless electors" may be subject to fines or may be disqualified for casting an invalid vote and be replaced by a substitute elector. The Supreme Court has not specifically ruled on the question of whether pledges and penalties for failure to vote as pledged may be enforced under the Constitution. No elector has ever been prosecuted for failing to vote as pledged.

Today, it is rare for electors to disregard the popular vote by casting their electoral vote for someone other than their party's candidate. Electors generally hold a leadership position in their party or were chosen to recognize years of loyal service to the party. Throughout our history as a nation, more than 99 percent of electors have voted as pledged.

Where do I find the names of the 2004 Presidential electors??

    * The 2004 Certificates of Ascertainment list the approved electors for the 2004 Presidential election.

Where do I find the names of the 2008 Presidential electors??

    * After the November general election, the 2008 Certificates of Ascertainment will be posted online as quickly as possible following their receipt by the Office of the Federal Register.

May I attend the meeting of my State's electors to watch them vote?

Generally, each State's electors vote at their respective State capitols. Each State determines whether or not the voting is open to the public.

To find out if your State's Meeting of Electors is open to the public and if so, what the process is to view the vote, contact your:

    * Governor's Office
    * Secretary of State

Is there an online source listing the names and voting records of presidential electors for all previous presidential elections back to 1789?

We are not aware of a centralized, comprehensive source. This web site has the information for several recent past elections:

    * 1992 Electoral College Votes
    * 1996 Electoral College Votes
    * 2000 Electoral College Votes
    * 2004 Electoral College Votes

This web site also offers links to State web sites relating to the Electoral College. Indiana and Maryland have posted the names and voting records of their electors on their respective web sites:

    * Indiana Electors
    * Maryland Electors

How many times has the Vice President been chosen by the U.S. Senate?

Once.   In the Presidential election of 1836, the election for Vice President was decided in the Senate. Martin Van Buren's running mate, Richard M. Johnson, fell one vote short of a majority in the Electoral College. Vice Presidential candidates Francis Granger and Johnson had a "run-off" in the Senate under the 12th Amendment, where Johnson was elected 33 votes to 17.



Shorter Version.

http://en.wikipedia.org/wiki/United_States_Electoral_College

[Wilma]

Thank you, dna.  I do have a better understanding of it now.  Am I correct in that their main purpose is certifying who won the election?  I couldn't see what their purpose was before.

[dnalexander]

The electoral college members actually place  the votes that elect the President and the Vice president. Congress certifies the vote. President and Vice President are then sworn in and become President and Vice President of the US. Maybe this explains it to you better.

http://en.wikipedia.org/wiki/United_States_presidential_election

David

[W. Gray]

The Electoral College is a good example of why there is no federal election, only state elections.