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United States congressional apportionment State population per electoral vote for the 50 states and Washington D. A state's number of electors equals the number of representatives plus two electors for both senators the state has in the United States Congress. Each representative represents on average , persons. The least populous state which is Wyoming , according to the census has three electors; thus, D. This is because each of these states is entitled to one representative and two senators. Nomination[ edit ] Candidates for elector are nominated by state chapters of nationally oriented political parties in the months prior to Election Day. In some states, the electors are nominated by voters in primaries, the same way other presidential candidates are nominated. In some states, such as Oklahoma , Virginia and North Carolina , electors are nominated in party conventions. In Pennsylvania , the campaign committee of each candidate names their respective electoral college candidates an attempt to discourage faithless electors. Varying by state, electors may also be elected by state legislatures, or appointed by the parties themselves. However, the Congress may remove this disqualification by a two-thirds vote in each House. Since the Civil War , all states have chosen presidential electors by popular vote. This process has been normalized to the point the names of the electors appear on the ballot in only eight states: Maine and Nebraska use the "congressional district method", selecting one elector within each congressional district by popular vote and selecting the remaining two electors by a statewide popular vote. This method has been used in Maine since and in Nebraska since In most states, voters choose a slate of electors, and only a few states list on the ballot the names of proposed electors. In some states, if a voter wants to write in a candidate for president, the voter is also required to write in the names of proposed electors. After the election, each state prepares seven Certificates of Ascertainment, each listing the candidates for president and vice president, their pledged electors, and the total votes each candidacy received. The Certificates of Ascertainment are mandated to carry the State Seal, and the signature of the Governor in the case of the District of Columbia, the Certificate is signed by the Mayor of the District of Columbia. Hayes and William A. Wheeler for the State of Louisiana The Electoral College never meets as one body. Electors meet in their respective state capitals electors for the District of Columbia meet within the District on the Monday after the second Wednesday in December, at which time they cast their electoral votes on separate ballots for president and vice president. The meeting is opened by the election certification official — often that state's secretary of state or equivalent — who reads the Certificate of Ascertainment. This document sets forth who was chosen to cast the electoral votes. The attendance of the electors is taken and any vacancies are noted in writing. The next step is the selection of a president or chairman of the meeting, sometimes also with a vice chairman. The electors sometimes choose a secretary, often not himself an elector, to take the minutes of the meeting. In many states, political officials give short speeches at this point in the proceedings. When the time for balloting arrives, the electors choose one or two people to act as tellers. Some states provide for the placing in nomination of a candidate to receive the electoral votes the candidate for president of the political party of the electors. Each elector submits a written ballot with the name of a candidate for president. In New Jersey , the electors cast ballots by checking the name of the candidate on a pre-printed card; in North Carolina , the electors write the name of the candidate on a blank card. The tellers count the ballots and announce the result. The next step is the casting of the vote for vice president, which follows a similar pattern. Each state's electors must complete six Certificates of Vote. Each Certificate of Vote must be signed by all of the electors and a Certificate of Ascertainment must be attached to each of the Certificates of Vote. Each Certificate of Vote must include the names of those who received an electoral vote for either the office of president or of vice president. The electors certify the Certificates of Vote and copies of the Certificates are then sent in the following fashion: A staff member of the President of the Senate collects the Certificates of Vote as they arrive and prepares them for the joint session of the Congress. The Certificates are arranged — unopened — in alphabetical order and placed in two special mahogany boxes. Alabama through Missouri including the District of Columbia are placed in one box and Montana through Wyoming are placed in the other box. Faithless elector Faithless electors are those who either cast electoral votes for someone other than the candidate of the party that they pledged to vote for or who abstain. Twenty-nine states plus the District of Columbia have passed laws to punish faithless electors, although none have ever been enforced. Many constitutional scholars claim that state restrictions would be struck down if challenged based on Article II and the Twelfth Amendment. Blair , U. The Court ruled in favor of state laws requiring electors to pledge to vote for the winning candidate, as well as removing electors who refuse to pledge. As stated in the ruling, electors are acting as a functionary of the state, not the federal government. Therefore, states have the right to govern the process of choosing electors. The constitutionality of state laws punishing electors for actually casting a faithless vote, rather than refusing to pledge, has never been decided by the Supreme Court. However, in his dissent in Ray v. Blair, Justice Robert Jackson wrote: Faithless electors have never changed the outcome of any presidential election. Contingent election The Twelfth Amendment mandates Congress assemble in joint session to count the electoral votes and declare the winners of the election. The meeting is held at 1 p. The vice president and the Speaker of the House sit at the podium, with the vice president in the seat of the Speaker of the House. Senate pages bring in the two mahogany boxes containing each state's certified vote and place them on tables in front of the senators and representatives. Each house appoints two tellers to count the vote normally one member of each political party. Relevant portions of the Certificate of Vote are read for each state, in alphabetical order. Members of Congress can object to any state's vote count, provided objection is presented in writing and is signed by at least one member of each house of Congress. An objection supported by at least one senator and one representative will be followed by the suspension of the joint session and by separate debates and votes in each House of Congress; after both Houses deliberate on the objection, the joint session is resumed. A state's certificate of vote can be rejected only if both Houses of Congress vote to accept the objection. In that case, the votes from the State in question are simply ignored. The votes of Arkansas and Louisiana were rejected in the presidential election of Gore, who as vice president was required to preside over his own Electoral College defeat by five electoral votes , denied the objections, all of which were raised by only several representatives and would have favored his candidacy, after no senators would agree to jointly object. Objections were again raised in the vote count of the elections, and on that occasion the document was presented by one representative and one senator. Although the joint session was suspended, the objections were quickly disposed of and rejected by both Houses of Congress. If there are no objections or all objections are overruled, the presiding officer simply includes a state's votes, as declared in the certificate of vote, in the official tally. After the certificates from all states are read and the respective votes are counted, the presiding officer simply announces the final result of the vote and, provided the required absolute majority of votes was achieved, declares the names of the persons elected president and vice president. This announcement concludes the joint session and formalizes the recognition of the president-elect and of the vice president-elect. The senators then depart from the House Chamber. The final tally is printed in the Senate and House journals. Contingent presidential election by House[ edit ] The Twelfth Amendment requires the House of Representatives to go into session immediately to vote for a president if no candidate for president receives a majority of the electoral votes since , of the electoral votes. In this event, the House of Representatives is limited to choosing from among the three candidates who received the most electoral votes for president. Each state delegation votes en bloc—each delegation having a single vote; the District of Columbia does not receive a vote. A candidate must receive an absolute majority of state delegation votes i. Additionally, delegations from at least two thirds of all the states must be present for voting to take place. The House continues balloting until it elects a president. The House of Representatives has chosen the president only twice: Contingent vice presidential election by Senate[ edit ] If no candidate for vice president receives an absolute majority of electoral votes, then the Senate must go into session to elect a vice president. The Senate is limited to choosing from the two candidates who received the most electoral votes for vice president. Normally this would mean two candidates, one less than the number of candidates available in the House vote. However, the text is written in such a way that all candidates with the most and second most electoral votes are eligible for the Senate election — this number could theoretically be larger than two. The Senate votes in the normal manner in this case i. However, two-thirds of the senators must be present for voting to take place. Additionally, the Twelfth Amendment states a "majority of the whole number" of senators currently 51 of is necessary for election. In that instance, the Senate adopted an alphabetical roll call and voting aloud. The rules further stated, "[I]f a majority of the number of senators shall vote for either the said Richard M. Johnson or Francis Granger , he shall be declared by the presiding officer of the Senate constitutionally elected Vice President of the United States"; the Senate chose Johnson. Section 3 also specifies Congress may statutorily provide for who will be acting president if there is neither a president-elect nor a vice president-elect in time for the inauguration. Under the Presidential Succession Act of , the Speaker of the House would become acting president until either the House selects a president or the Senate selects a vice president. Neither of these situations has ever occurred. Current electoral vote distribution[ edit ] Electoral votes EV allocations for the , and presidential elections.
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