POS Structure and Function of the Electoral College

How does the Electoral College Work?

1. Every four years, voters go to the polls and select a candidate for President and Vice-President. 2. In all but two states, the candidate who wins the majority of votes in a state wins that state's electoral votes. 3. In Nebraska and Maine, electoral votes are assigned by proportional representation. 4. This means that the top vote-getter in those states wins two electoral votes (for the two Senators) while the remaining electoral votes are allocated congressional district by congressional district. 5. These rules make it possible for both candidates to receive electoral votes from Nebraska and Maine, unlike the winner-take-all system in the other 48 states.

Electoral College 'Oddities'

1. If no one gets a majority of electoral votes, the election is thrown to the U.S. House of Representatives. 2. The top three contenders face off with each state casting one vote. 3. Whoever wins a majority of states wins the election. 4. The process is the same for the Vice Presidency, except that the U.S. Senate makes that selection. 5. A candidate could lose the popular vote and win the electoral college vote. 6. This happened to George Bush Jr. in 2000, who lost the popular vote to Al Gore by .51% but won the electoral college 271 to 266.

What is the Electoral College?

1. Made up of 538 electors who cast votes to decide the President and Vice-President of the United States. 2. When voters go to the polls on Tuesday, they will be choosing which candidate receives their state's electors. 3. The candidate who receives a majority of electoral votes (270) wins the Presidency. 4. The number 538 is the sum of the nation's 435 Representatives, 100 Senators, and 3 electors given to the District of Columbia.

Do Elector's have to Vote for a Party Candidate?

1. Neither the Constitution nor Federal election laws compel electors to vote for their party's candidate. 2. However, twenty-seven states have laws on the books that require electors to vote for their party's candidate if that candidate gets a majority of the state's popular vote. 3. In 24 states, no such laws apply, but common practice is for electors to vote for their party's nominee.

How are Electors Selected?

1. This process varies from state to state. 2. Usually, political parties nominate electors at their state conventions. 3. Sometimes that process occurs by a vote of the party's central committee. 4. The electors are usually state-elected officials, party leaders, or people with a strong affiliation with the Presidential candidates.

The 12th Amendment

And if the House of Representatives shall not choose a President whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice-President shall act as President, as in the case of the death or other constitutional disability of the President. 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 of the United States.