Electoral College: A History of Evolution and Debate

The Electoral College stands as a unique feature of the United States government. Established by the Constitution, it serves as the formal body responsible for electing the President and Vice President. This article explores the history of the Electoral College, its intended function, how it has changed over time, and the ongoing debates surrounding its role in American democracy.

The Origins of the Electoral College

The Electoral College emerged from the Constitutional Convention of 1787 as a compromise between various proposals for presidential selection.

The Constitutional Convention and the Birth of a Compromise

The Founding Fathers debated various methods for electing the president. The Virginia Plan initially proposed that Congress should elect the president. However, this idea faced opposition due to concerns about the separation of powers. Direct election was also considered, but some delegates feared that it would lead to "tumult and disorder," as described by Alexander Hamilton.

Concerns of the Framers

The framers of the Constitution were wary of direct democracy and preferred a republic, where elected representatives would make decisions on behalf of the people. They believed that the presidency should be an office above politics, chosen by individuals with knowledge, experience, and understanding of government.

The Influence of Slavery and State Power

Race and slavery also played a significant role in the creation of the Electoral College. Slave states wanted to increase their voting power by counting slaves as three-fifths of a person for the purpose of allocating electors. Small states also sought to increase their power by ensuring a minimum of three electors per state.

The Federalist Papers Perspective

In the Federalist Papers, James Madison explained that the Constitution was designed as a mix of state-based and population-based government. Alexander Hamilton, in Federalist No. 68, outlined the advantages of the Electoral College, emphasizing that electors would come directly from the people for the sole purpose of electing the president and vice president.

How the Electoral College Works

The Electoral College is a process, outlined in Article Two of the Constitution, that involves electors from each state casting votes for president and vice president.

Appointment of Electors

Each state is allocated a number of electors equal to its congressional delegation: the number of representatives in the House plus two senators. The Constitution empowers each state legislature to determine how its electors are chosen, but prohibits federal office holders from being electors.

The Role of Political Parties

The framers of the Constitution did not anticipate the emergence of political parties. However, political parties and nationally coordinated election campaigns soon complicated matters.

State Laws and the General Ticket Method

Following the national presidential election day in November, each state selects its electors according to its laws. In 48 states, state laws mandate that the winner of the plurality of the statewide popular vote receives all of that state's electoral votes. This is known as the "winner-takes-all" or "general ticket" method. Maine and Nebraska use a different system, allocating two electoral votes to the winner of the statewide vote and one electoral vote per congressional district.

Faithless Electors

Although it is not unconstitutional for electors to vote for someone other than those to whom they pledged their support, many states, as well as the District of Columbia, “bind” electors to their candidate using oaths and fines. During the nineteenth century, “faithless electors”-those who broke their pledge and voted for someone else-were rare, but not uncommon, particularly when it came to Vice Presidents. In the modern era, faithless electors are rarer still, and have never determined the outcome of a presidential election.

The Joint Session of Congress

The sitting Vice President presides over the meeting and opens the votes from each state in alphabetical order. He passes the votes to four tellers-two from the House and two from the Senate-who announce the results.

Objections to Electoral Votes

During the Joint Session, lawmakers may object to individual electoral votes or to state returns as a whole. An objection must be declared in writing and signed by at least one Representative and one Senator. In the case of an objection, the Joint Session recesses and each chamber considers the objection separately for no more than two hours; each Member may speak for five minutes or less. After each house votes on whether to accept the objection, the Joint Session reconvenes and both chambers disclose their decisions. If both chambers agree to the objection, the electoral votes in question are not counted. If either chamber opposes the objection, the votes are counted.

Amendments and Changes to the Electoral College

The Electoral College has been altered by constitutional amendments and evolving practices.

The Twelfth Amendment

Prior to 1804, electors made no distinction between candidates when voting for president and vice president; the candidate with the majority of votes became President and the candidate with the second-most votes became Vice President. The Twelfth Amendment-proposed in 1803 and ratified in 1804-changed that original process, requiring electors to separate their votes and denote who they voted for as President and Vice President.

The Twenty-third Amendment

The District of Columbia has had three electors since the Twenty-third Amendment was ratified in 1961.

Contingent Elections

In the case of an Electoral College deadlock or if no candidate receives the majority of votes, a “contingent election” is held. The election of the President goes to the House of Representatives. Each state delegation casts a single vote for one of the top three contenders from the initial election to determine a winner.

Criticisms and Calls for Reform

The Electoral College has faced criticism throughout its history, particularly in cases where a candidate wins the popular vote but loses the election.

Discrepancies Between Popular Vote and Electoral Vote

Five times a candidate has won the popular vote and lost the election. Andrew Jackson in 1824 (to John Quincy Adams); Samuel Tilden in 1876 (to Rutherford B. Hayes); Grover Cleveland in 1888 (to Benjamin Harrison); Al Gore in 2000 (to George W. Bush); Hillary Clinton in 2016 (to Donald J. Trump).

Arguments for Abolition

There have been efforts to eliminate the Electoral College altogether and replace it with a direct election system. The closest Congress has come to amending the Electoral College since 1804 was during the 91st Congress (1969-1971) when the House passed H.J. Res. 681 which would have eliminated the Electoral College altogether and replaced it with the direct election of a President and Vice President (and a run off if no candidate received more than 40 percent of the vote).

The Impact of Race and Regional Politics

Race has played a significant role in debates over electoral reform. During slavery, Southern states received extra electoral votes thanks to the three-fifths clause. After the Civil War, Southern states were left in possession of what you might call “the five-fifths clause.” That is, African Americans counted 100 percent towards representation in Congress and towards electoral votes, but they still could not vote.

The Electoral College in the 21st Century

The Electoral College continues to be a subject of debate and discussion in contemporary American politics.

The Winner-Takes-All System

In every state, except Maine and Nebraska, the winner of the popular vote takes 100% of the electoral votes, no matter how close the contest is. When voters cast a ballot, they are, in effect, voting multiple times - once for each elector in the state supporting the presidential candidate of their choice.

The Influence of Battleground States

The Electoral College heavily determines the nature of the election campaign. Most states in the US are “safe” wins for one party or the other. As such, the efforts of the candidates are concentrated in the handful of states that are competitive - the so-called “battleground” states.

The Difficulty of Amending the Constitution

That the Electoral College survives into the 21st century is partly due to the adaptability of the Constitution to deal with the earlier challenge in the 1800s over the selection of electors in the states, as well as the immense difficulty of amending the Constitution.

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