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(Go to  http://johnadams.us/ to see the First Vice President's certification dated December 14, 1792 of the Electoral Votes from the State of Connecticut to learn more).

The Electoral College

Historical Background

 

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By: The US National Archives and Records Administration

"The Electoral Colleges one of the more difficult parts of the American electoral process to understand. While election of the president and vice-president was provided for in Article II, Section 1, Clauses 2, 3, and 4 of the U.S. Constitution, the process today has moved substantially away from the framers' original intent. Over the years a combination of several factors has influenced the Electoral College and the electoral process. These include key presidential elections such as the ones between John Adams and Thomas Jefferson in 1796 and 1800, the development of the political party system, and the passage of the 12th Amendment.

The framers of the Constitution considered the election of the president and vice-president to be a major issue, and most were apprehensive about the obvious options. Election of the president by Congress would upset the balance of power between the executive and the legislative branches, while election by the people might not put the best person in the office. Many believed that Americans were too spread out and thus unable to be adequately informed to make such an important decision.

Alexander Hamilton drafted the compromise that was to be included in the Constitution. Under this system, when a citizen voted in the presidential election, he was actually casting a vote to choose a presidential elector. In theory, a citizen's vote is cast the same way today. Hamilton's plan included eight major points.

1. Each state would be allocated a number of electors equal to the sum of its senators and members of the House of Representatives.

2. State legislatures would decide the methods for choosing electors in their respective states.

3. Electors would meet in their own states, each casting two votes on one ballot, each vote for a different candidate for president.

4. The president of the Senate would open and count the electoral votes before a joint session of Congress.

5. The candidate who received the largest number of electoral votes, which was also the majority of the Electoral College, would become president.

6. The candidate who received the second largest number of votes would become vice-president.

7. In the case of a tie between candidates that also constituted a majority of the electoral votes, the House would choose the president from among them. If no person had a majority of the electoral votes, then the House would choose the president from among the five highest candidates on the list. Voting would be by state; a majority of the states would be needed for a choice to be made.

8. The vice-president would always be the person having the largest number of votes after the president. In the case of a tie between two or more, the Senate would choose from them.

The original Electoral College plan worked successfully for the two times that George Washington was elected president. However, a major flaw became apparent after the election of 1796. According to the Constitution each elector cast only one ballot with two names on it. John Adams, a Federalist, received the largest number of votes. Thomas Jefferson, the Democratic Republican, lost to Adams by three votes and became vice-president. The framers were not in favor of political parties and had made no mention of them in the Constitution. Yet here were a president and vice-president from different parties, and Adams and Jefferson were strongly opposed on many major issues including states' rights, the power and size of the national government, and tariffs. The outcome of the election of 1796 would influence the way electors would be chosen as well as how they would vote in future elections.

In the election of 1800 John Adams, the incumbent, again faced Thomas Jefferson. This time the Democratic Republican electors were urged to vote the party ticket, that is, Thomas Jefferson for president and Aaron Burr for vice-president. Seventy-three electors did just that, resulting in a tie for president between Jefferson and Burr. Under the Constitution, the vote moved to the House where Federalists desiring to embarrass Jefferson voted for Burr, forcing the ballot 35 times over six days. Finally, Alexander Hamilton reluctantly supported Jefferson and the tie was broken.

The election of 1800 had several lasting effects on the Electoral College system. It was the first time that a two-candidate ticket was promoted by a party, as well as the beginning of the practice of nominating electors who pledged to automatically vote the party ticket. This new development was directly opposed to the framers' original version of the electors as "free agents'" or informed, respectable, independent citizens from each state. By 1804, the 12th Amendment was passed, making up for the weakness in the original Clause 3. Never again would such a tie be possible, as separate ballots would now be cast for president and vice-president.

The Election of 1824 and the featured document, The Tally of the 1824 Electoral College Vote bring to light two important points about the electoral system, one of them constitutional and the other borne of the political party system. The election of 1824 had several candidates as serious contenders. The official Republican candidate, William H. Crawford of Georgia, was nominated by a caucus, a private meeting of party leaders, but he lacked the backing of much of the party. Challenging Crawford and bucking the caucus nominating method, were Republicans Andrew Jackson of Tennessee, Henry Clay of Kentucky, and John Quincy Adams of Massachusetts. Nomination by the caucus had been under fire for years as being undemocratic, and the issue reached its peak by 1824. (Today most states use direct primaries to nominate candidates while a small number still use nominating conventions.)

With so many candidates in the election of 1824, it's not surprising that no candidate received a majority of votes in the Electoral College. Andrew Jackson had a plurality of both the popular vote (40.3%) and the Electoral College vote, but he did not hold the constitutional requirement of a majority of the electoral votes. For the first time, the presidential election vote proceeded to the House of Representatives. There, John Quincy Adams was chosen primarily because Henry Clay, never a Jackson supporter, placed his support behind Adams. Jackson was outraged after Adams appointed Clay secretary of state, and he proclaimed it a "corrupt bargain." While he was never able to prove any actual bribery or corruption occurred, the accusation endured and influenced the next election, as well as Clay's political career.

Today most Americans perceive the Electoral College as a formality necessitated by the Constitution. Electors meet in their states on the Monday after the second Wednesday in December and cast their votes just as they did in 1824. The votes are sealed and sent by registered mail to Washington, D.C., where they are opened and counted before a joint session of Congress when they convene in January. In recent history rarely has an elector failed to vote automatically for the candidate winning his or her state's popular votes. In 1976 a Republican elector in Washington voted for Ronald Reagan instead of Gerald Ford, the Republican Party's candidate. In 1972, a Republican from Virginia voted for the Libertarian candidate rather than the Republican, Richard Nixon.

There are critics today who point to several remaining flaws in the Electoral College system. The most obvious of these is the risk that the popular vote winner will not receive the majority of votes in the Electoral College. The winner-take-all feature of the system makes this a possibility, yet it has happened only three times in our history: 1824, 1876, and 1888. Another point of criticism is that the electoral vote distribution is not proportional to the popular vote distribution because of the automatic two votes per state provision. If you contrast the number of electoral votes per person in California and Alaska, this point is clear. "Faithless electors," as described earlier in the 1972 and 1976 examples, are also a flaw according to opponents. Yet never has a broken pledge affected the outcome of an election. Finally, critics highlight as unfair the provisions calling for choice by the House or the Senate in the case of a tie or lack of majority. Voting by state gives small states the same weight as large states, and if a state's representatives were divided, its vote could be relinquished. Additionally, a strong third party candidate could make it difficult for any candidate to earn a majority.

Different opponents and critics of the present system have developed various alternatives over the years. Twice in recent history, in 1969 and 1979, constitutional amendments have been introduced to Congress but failed to pass. Proposals range from a district plan similar to the way members of Congress are chosen to a proportional plan where the candidates get the same proportion of the electoral votes as they do the popular vote in each state. Some have even proposed doing away with the Electoral College and moving to direct popular election.

Proponents of the Electoral College claim first that critics exaggerate the risks in our present system, pointing to the very small number of occasions where their concerns have come to fruition. Only two elections in our history ever were decided in the House and none since 1825. Also, the loser of the popular vote has been elected only three times, and that has not happened in more than 100 years. They would add that the present Electoral College is a tried and true system, and we would be foolish to risk experimenting with a new one. Finally, the system is efficient, it identifies a winner quickly, and it avoids recounts.

The Federal Register's Electoral College web page is an additional resource for more detailed information regarding the functions of the Electoral College and presidential election statistics from 1789 through 1992.

Bibliography

League of Women Voters. Choosing the President: A Citizen's Guide to the Electoral Process . New York: Lyons & Burford, 1992.

McClenaghan, W. A. Magruder's American Government . Needham, MA: Prentice Hall School Group, 1997.

Pessen, E. Jacksonian America: Society, Personality, and Politics . Homewood, IL: Dorsey Press, 1978.

Viola, H. J. Why We Remember United States History . Menlo Park, CA: Addison-Wesley, 1998.

Electoral results:
By: The US National Archives and Records Administration

General Information:

State Resources

Selected Links

Of interest to persons seeking more information about the U.S Presidency and the electoral process:

NARA links

Small Capitol U.S. House of Representatives , see "Election Statistics."
Small Capitol Federal Election Commission
Small Capitol Federalist Papers
National Association of Secretaries of State
ScrollCouncil of State Governments
Small CapitolAmerican Presidents Life Portraits
Ben FranklinBen's Guide to the US Government For Kidsnew

US CONSTITUTION Article. II.
By: The US National Archives and Records Administration

Section. 1.
The executive Power shall be vested in a President of the United States of America. He shall hold his Office during the Term of four Years, and, together with the Vice President, chosen for the same Term, be elected, as follows:

Each State shall appoint, in such 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 the Congress: but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector.

The Electors shall meet in their respective States, and vote by Ballot for two Persons, of whom one at least shall not be an Inhabitant of the same State with themselves. And they shall make a List of all the Persons voted for, and of the Number of Votes for each; which List they shall sign and certify, and transmit sealed to the Seat of the Government of the United States, directed to the President of the Senate. The President of the Senate shall, in the Presence of the Senate and House of Representatives, open all the Certificates, and the Votes shall then be counted. The Person having the greatest Number of Votes shall be the President, if such Number be a Majority of the whole Number of Electors appointed; and if there be more than one who have such Majority, and have an equal Number of Votes, then the House of Representatives shall immediately chuse by Ballot one of them for President; and if no Person have a Majority, then from the five highest on the List the said House shall in like Manner chuse the President. But in chusing the President, the Votes shall be taken by States, the Representation from each State having one Vote; A quorum for this purpose shall consist of a Member or Members from two thirds of the States, and a Majority of all the States shall be necessary to a Choice. In every Case, after the Choice of the President, the Person having the greatest Number of Votes of the Electors shall be the Vice President. But if there should remain two or more who have equal Votes, the Senate shall chuse from them by Ballot the Vice President.

The Congress may determine the Time of chusing the Electors, and the Day on which they shall give their Votes; which Day shall be the same throughout the United States.

No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States.

In Case of the Removal of the President from Office, or of his Death, Resignation, or Inability to discharge the Powers and Duties of the said Office, the Same shall devolve on the Vice President, and the Congress may by Law provide for the Case of Removal, Death, Resignation or Inability, both of the President and Vice President, declaring what Officer shall then act as President, and such Officer shall act accordingly, until the Disability be removed, or a President shall be elected.

The President shall, at stated Times, receive for his Services, a Compensation, which shall neither be increased nor diminished during the Period for which he shall have been elected, and he shall not receive within that Period any other Emolument from the United States, or any of them.

Before he enter on the Execution of his Office, he shall take the following Oath or Affirmation:--"I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States."

Section. 2.
The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices, and he shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.

He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.

The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.

Section. 3.
He shall from time to time give to the Congress Information of the State of the Union, and recommend to their Consideration such Measures as he shall judge necessary and expedient; he may, on extraordinary Occasions, convene both Houses, or either of them, and in Case of Disagreement between them, with Respect to the Time of Adjournment, he may adjourn them to such Time as he shall think proper; he shall receive Ambassadors and other public Ministers; he shall take Care that the Laws be faithfully executed, and shall Commission all the Officers of the United States.

Section. 4.
The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors."

The House of Representatives  Selects a President

 

Click here for the 1800 Electoral Vote Tally

Election of 1800

Thomas Jefferson, President (Dem.-Rep.) with popular votes and 73 electoral votes.

  • Aaron Burr (Dem.-Rep. party) had 73 electoral votes.

  • John Adams (Federalist party) had 65 electoral votes.

  • C.C. Pinckney (Federalist party) had 64 electoral votes.

  • John Jay (Federalist party) had 1 electoral vote.

 

Tie decided by the House of Representatives

Democrat-Republicans: 69
Federalists: 36

 

 

"Jefferson or Burr? The former without all doubt.” - Quote from Alexander Hamilton to Gouverneur Morris, December 24,1800

Text by: The US National Archives and Records Administration

By the election of 1800, the nation’s two parties had taken more definite shape. The Presidential race was hotly contested between Federalist President, John Adams, and Democratic-Republicans, Thomas Jefferson. Because the Constitution did not distinguish between President and Vice-President in the votes cast by each state’s electors in the electoral college, both Jefferson and his running mate Burr received 73 votes.

The tie threw the election into the House of Representatives, controlled by the Federalists. For weeks, on each of the 35 ballots taken, neither Democratic-Republican candidate received a majority. Many Federalists saw Jefferson as their principal foe, whose election was to be avoided at all costs, but Federalist leader Alexander Hamilton distrusted Burr more than he feared Jefferson and suggested to others in his party that a Jefferson Presidency would be a moderate one. Jefferson also indirectly conveyed this view to the Federalists and on February 17, 1801, on the 36th ballot, Jefferson was elected.

In addition to ending the political intrigue surrounding the election, Jefferson’s inauguration and the Democratic-Republican takeover of Congress set an important precedent. It marked the first peaceful transfer of power between political parties in American history.


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