The Electoral College

Andrew Jackson (1824), Samuel J. Tilden (1876), Grover Cleveland (1888) and Al Gore (2000) all won the national popular vote in the election years following their names but each failed to become President of the United States. The cause for each loss has been examined and linked to a constitutional process known as The Electoral College.

Three strongly held presidential beliefs from our early beginnings are perfectly clear. First, it was believed that the selection of a president should be the responsibility of those who were most knowledgeable and informed from each state. Randall G. Holcomb put it this way: “The process was never intended to be democratic. The first presidents were appointed by elites, not elected by the masses…” Secondly, the selection was to be determined “solely on merit and without regard to State of origin or political party.” Third, “The office should seek the man the man should not seek the office”.

Consider the historical context of a nation just getting started.  We were a nation of 13 new states wanting to be in charge of their own destiny and each possessing a low trust of a “national government”. We had a much smaller population and it was spread out across a thousand miles from north to south. We experienced very real poor modes of transportation and we experienced poor communications with each other. On the other hand, we created this nation without the presence of established political parties because political parties were extended very little respect. 

The beginnings of the Electoral College can be traced to the 1787 Constitutional Convention. That convention, sometimes called the Philadelphia Convention, took place between May 25 and September 17, 1787 and remains as the only one ever called in United States history. During this convention, the delegates found a common ground compromise between three possible methods of selecting a president. Only experts would be designated to select the president and the vice president.

1.     Congress should choose the president. This was rejected because of potential “hard feelings”, “political bargaining”, possible “corruption”, possible “interference from foreign powers” and “balance of power between legislative and executive branches”.

2.     State legislatures should choose the president. This was rejected because the president might find cause to “beholden to the State legislatures” and the possible dilution of “federal authority.”

3.     A direct popular vote should choose the president. This was rejected because it was feared “that without sufficient information about candidates from outside their State, people would naturally vote for a ‘favorite son’ from their state or region.”

The language used in Article II, Section 1 of the Constitution shown below created the foundation for the implementation of the Electoral College ‘experts’ concept.

Article II Section 1

“Each state shall appoint, in such a Manner as the legislature thereof may direct, a Number of Electors, equal to the whole number of Senators and Representatives to which the State may be entitled in Congress; but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed as an Elector.”

The term “Electoral College” does not appear in the Constitution nor does it appear in Amendment XII which became clearly necessary following the results of the election of 1800. At that time each candidate for president and vice president ran alone. The presidential electors of 1800 (the Electoral College) failed to “distinguish between the office of president and vice president on their ballots” Thomas Jefferson won the presidential election with 73 electoral votes. Aaron Burr running as the vice president candidate with Thomas Jefferson also received 73 votes for president making the vote for the presidency a tie. In the case of a tie the Constitution requires an election to be decided in the House of Representatives. Jefferson finally won but only after 36 votes. Amendment XII to the Constitution was written and ratified to ensure that the electors make a discrete choice between their selections for president and vice president.

While confusing to many people, when Americans vote for a President and Vice President, they are actually voting for presidential electors, known collectively as the Electoral College. It is these electors, chosen by the people, who elect the chief executive. The Constitution assigns each state a number of electors equal to the combined total of the state’s Senate and House of Representatives delegations. The Electoral College consists of 538 electors. 170 electoral votes, an absolute majority of one more than half of the total electors, is required to elect the President and Vice President. 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.

This is what happens to the vote you cast in the popular election of a President:

“After the November election your governor prepares a “Certificate of Ascertainment” listing all of the candidates who ran for President in your state along with the names of the respective electors. The certificate declares the winning candidate in your state and shows which electors will represent your state at the meeting of the electors. Your state’s certificates of Votes are sent to the Congress of the National Archives as part of the official records of the presidential election. Each state’s electoral votes are counted in a joint session of Congress on the 6^th of January in the year following the meeting of the electors. Members of the House and Senate meet in the House Chamber to conduct the official tally of electoral votes. The Vice President, as President of the Senate, presides over the count and announces the results of the vote. The President of the Senate then declares which persons, if any, have been elected President and Vice President of the United States.”

Article II Section I of the Constitution was seen as in the best interest of the United States by the founders. It cannot simply be removed because it is a part of the original Constitution. There have been several other election processes offered but none have been passed by Congress and sent to the States for ratification as a Constitutional amendment.

A Convention to propose amendments to the United States Constitution is also called an Article V Convention, or Amendments Convention. Under the most common method for amending the Constitution, an amendment must be proposed by a two-thirds majority in both houses of Congress and ratified by three-fourths of the states.

Carefully read Article V of the Constitution shown below. There is a second method. The second method is less familiar to most people, because it has never been used. The language makes it perfectly clear that the several states legislatures have been given the same rights as Congress to call for a convention to consider amendments to the Constitution.

Article V language follows below:

“The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this constitution, or, on the Application of the Legislatures of the several States, shall call a Convention for proposing Amendments, which in either Case shall be valid to all Intents and Purposes, as part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as one or the other Mode of Ratification may be proposed by Congress…”

Hopefully this article has led you to a better understanding of your Constitution and the Electoral College process. I do not believe the Constitution of the United States is out dated or quaint, or a living document subject to change with the times. I remain in awe of the skillful men who nurtured it from draft through its eventual ratification on June 21, 1788. Those men gave us a gift which keeps on giving. It remains in my mind as a national map. From its ratification to today our Constitution is 228 years old and is still here to protect us from ourselves.