College Cramming: A Refresher Course on the Electoral College
Religion & Liberty Online

College Cramming: A Refresher Course on the Electoral College

Whether the Republicans cry “fraud” or the Democrats scream “disenfranchised” we can be certain of one thing after the polls close: the President of the United States won’t be elected today. Even if there are no hanging chads or last minute court appeals, the election of the President won’t be made until December 13. That is, after all, the way the Founding Fathers designed the system to work.

Confused? Then it’s probably time for a brief refresher on the Electoral College:

Where did the Electoral College system come from?

Although the term “Electoral College” is never used in the Constitution (Article 2, Section 1, Clauses 2 and 3), the electors that choose the President at each election are traditionally called a College (meaning a group of people organized toward a common goal). The Electoral College was proposed by James Wilson at the Constitutional Convention as a compromise between those who wanted the Congress to choose the President and those who believed the election should be decided by the state legislatures. The Framers were generally in agreement that giving the people the power to directly elect the President was a bad idea.

Who decides how many electoral votes each state receives?

Each state receives an electoral vote for each U.S. Senator (two per state) plus one for each Congressional representative. Since the number of representatives is based on population, the state’s electoral votes are also based on the number of people who reside within a state. Currently, the Electoral College includes 538 electors, 535 for the total number of congressional members, and three who represent Washington, D.C.

How do these “electoral votes” decide who becomes President?

On the Monday following the second Wednesday in December, the electors of each state meet in their respective state capitals to cast the official votes for President and Vice President. These votes are then sealed and sent to the president of the Senate (the current Vice President), who will open and read the votes on January 6th in the presence of both houses of Congress. The winner is sworn into office exactly two weeks later, at noon January 20.

Who are these “electors?”

Since the political parties choose electors, they tend to be partisan political activists. The Constitution doesn’t have any requirements other than specifications for who cannot be an elector: a Representative or Senator, a high-ranking U.S. official in a position of “trust or profit”, or anyone who has “engaged in insurrection or rebellion” against the U.S.

Do the electors have to vote for the candidate who received the most votes in their state?

Nope. The elector is free to cast his vote for anyone he or she chooses. In fact, there have been times when electors have voted contrary to the will of the people—and it’s entirely Constitutional. Anyone who votes against their state’s choice is known as a “faithless elector” and essentially ruins any future they might have had with their political party.

How many electoral votes are need to win?

A Presidential candidate must receive a majority (270 of the 538 eligible) in order to win the election. If no one receives a majority then the decision is made by the House of Representatives with each state delegation receiving one vote to cast for the three candidates who received the most electoral votes. This has happened twice in our nation’s history with the House choosing Thomas Jefferson over Aaron Burr and John Quincy Adams being selected over Andrew Jackson.

Wouldn’t relying on the popular vote be a better system?

Not necessarily. The popular vote is subject to types of fraud that don’t apply to the Electoral College system (except perhaps in swing states). Political parties, for instance, have no incentive to “run up the vote” when their candidate is going to take their state anyway, so they are less likely to resort to direct fraud. On the other hand, the EC makes it virtually impossible for a third-party candidate to ever be elected. So if you are a Libertarian or a Green candidate you may have a reason to want to scrap the current system.

Joe Carter

Joe Carter is a Senior Editor at the Acton Institute. Joe also serves as an editor at the The Gospel Coalition, a communications specialist for the Ethics and Religious Liberty Commission of the Southern Baptist Convention, and as an adjunct professor of journalism at Patrick Henry College. He is the editor of the NIV Lifehacks Bible and co-author of How to Argue like Jesus: Learning Persuasion from History's Greatest Communicator (Crossway).