The Electoral College

The Electoral College was established by the Founders as a compromise between election of the president by Congress and election by popular vote. The electors are a popularly elected body chosen by the states and the District of Columbia on the Tuesday after the first Monday in November. The Electoral College consists of 538 electors. Each state’s allotment of electors is equal to the number of House members to which it is entitled plus its two Senators. The District of Columbia received three electors.

In most states, each political party nominates electors, and the state’s voters select them when they vote for a presidential candidate. The states prepare a list of the slate of electors for the candidate who receives the most popular votes on a Certificate of Ascertainment.

The electors meet in each state on the first Monday after the second Wednesday in December. A majority of 270 electoral votes is required to elect the president and vice president. No constitutional provision or federal law requires electors to vote in accordance with the popular vote in their state.

The electors prepare six original Certificates of Vote. Each Certificate of Vote lists all persons voted for as President and the number of electors voting for each person and separately lists all persons voted for as Vice President and the number of electors voting for each person.

If no presidential candidate wins a majority of electoral votes, the 12th Amendment to the Constitution provides for the presidential election to be decided by the House of Representatives. The House would select the president by majority vote, choosing from the three candidates who received the greatest number of electoral votes. The vote would be taken by state, with each state delegation having one vote. Similarly, the Senate would elect a vice president.

Berns, Walter, ed. After the People Vote: A Guide to the Electoral College.
Washington, D.C.: AEI Press, 1992.
National Archives and Records Administration. “Office of the Federal Register,” www.nara.gov/fedreg/elctcoll/proced.html