In the annals of U.S. history, five presidents have ascended to the presidency without winning the popular vote. The most recent instance occurred in 2016, when Donald Trump secured the presidency despite receiving over 2.8 million fewer votes nationwide than his opponent, Hillary Clinton. This electoral anomaly raises important questions about the Electoral College system, which plays a pivotal role in determining the outcome of presidential elections. As the nation approaches the 2024 presidential election, with Trump again running as the Republican nominee against Vice President Kamala Harris, understanding how the Electoral College functions is crucial.
The Mechanics of the Electoral College
The Electoral College serves as the mechanism through which Americans elect their president and vice president indirectly, utilizing electors chosen by each state. To win the presidency, a candidate must obtain at least 270 electoral votes out of a total of 538. This majority requirement ensures that a clear winner emerges from the electoral process.
Prior to the general election, each state selects its slate of electors. When voters cast their ballots in November, the candidate who secures the popular vote in that state determines which slate of electors will cast their electoral votes in the Electoral College.
Winner-Take-All System and Exceptions
In most states, the Electoral College operates under a winner-take-all system, meaning that the candidate with the highest number of votes in that state receives all of its electoral votes. However, Maine and Nebraska employ a different approach, utilizing a proportional representation system. In these states, the winner of each congressional district is awarded one electoral vote, and the candidate who wins the statewide vote receives the remaining two electoral votes. A proposal to change Nebraska’s system to winner-take-all fell short, as one of its electoral votes often goes to a Democrat.
Electors convene in their respective states in mid-December to formally cast their votes for president. This meeting is scheduled for the first Tuesday after the second Wednesday in December, which falls on December 17 this year. Notably, there is no constitutional provision or federal law mandating electors to vote for the candidate to whom they are pledged, although they almost always do. Instances of “faithless electors” are rare since electors are typically chosen by the political parties.
Composition of the Electoral College
There are a total of 538 electors, distributed among the 50 states and Washington, D.C. The number of electoral votes allocated to each state corresponds to its congressional delegation size. Smaller states, such as Alaska, Delaware, North Dakota, South Dakota, Vermont, and Wyoming, each have three electors due to having one representative and two senators. In contrast, California, the most populous state, boasts 54 electoral votes. Following the 2020 Census, Texas gained two electoral votes, while five other states each gained one, and seven states lost one electoral vote.
Selection of Electors
Electors are selected by their political parties before the general election, primarily to represent the party’s interests. Their primary responsibility is to convene in their respective states after the November election to cast two votes—one for president and one for vice president. The slates of electors often include local and state officials, party leaders, and dedicated party members.
Contingent Elections: A Rare Occurrence
In the unlikely event of a tie in the Electoral College—each candidate receiving 269 votes—members of the newly elected House of Representatives would decide the presidential election, while the Senate would select the vice president. This scenario may also arise if no candidate secures a majority, which could happen if a third-party candidate wins some electoral votes or if “faithless electors” deviate from their pledged votes. If the election goes to the House, each state delegation receives one vote, irrespective of its congressional size, allowing the 50 delegations to choose one of the top three presidential candidates.
Since the ratification of the 12th Amendment in 1804, contingent elections have occurred twice: first in 1824 when John Quincy Adams was elected despite Andrew Jackson receiving a plurality of both the popular and electoral votes, and again in 1837 when Martin Van Buren won a majority of electoral votes but faced a contingent election due to faithless electors.
Debate Over the Electoral College
The Electoral College‘s existence has spurred considerable debate, particularly following the instances where presidents have lost the popular vote yet won the presidency. Established in Article II of the Constitution, the Electoral College could theoretically be repealed through a constitutional amendment. However, achieving this requires a two-thirds majority in both congressional houses and ratification by three-fourths of the states—an arduous process.
Public sentiment reflects a growing discontent with the Electoral College; a 2023 Pew Research poll revealed that 65% of Americans believe the president should be elected through the popular vote. Numerous proposals have been introduced in Congress to reform the electoral process. One notable initiative is the National Popular Vote Interstate Compact, adopted by 17 states and Washington, D.C., which seeks to ensure that the winner of the popular vote receives all electoral votes from participating states—an effort contingent upon sufficient states agreeing to the compact.
Historical Context
The Electoral College was conceived by the Founding Fathers in 1787, although the term itself does not appear in the Constitution. The ratification of the 12th Amendment in 1804 restructured some Electoral College rules, necessitating separate votes for president and vice president. In 1961, the 23rd Amendment granted the District of Columbia three electors.
