The Election Process

Module 6.4: Presidential Election

Electing the President

• President and Vice-President are not directly elected by voters in the United States

• There is no national election

• The Electoral College

• States determine how to choose electors for their state

• How does this work?

• How is it supposed to work?

What Voters See

Voters

Primary Election

General Election

Primary Election

PotUS + VPotUS

PotUSCandidate

PotUSCandidateVPotUS

candidateVPotUS

Candidate

What Actually Happens

Voters

Primary Election

General ElectionParty Org

Electors (Party Candidates for Electoral College)

Primary Election

Party Org

PotUS/VPotUSCandidates

PotUS/VPotUSCandidates

Electoral College

PotUS+VPotUS

Electors (Party Candidates for Electoral College)

National

State State

National

The Electoral College: Then & Now• Each State shall appoint a number of electors

– in such manner as the legislature thereof may direct• States may choose how electors are chosen

– Direct election of individual electors– Direct election of “slates”

» The current preferred method in 48 states (including Texas)– Modified direct election (Maine & Nebraska)

» By congressional district» At large slate of two

– Appointment by state legislature» The originally preferred method by at least 25% of states

– Appointment by executive authority

– Equal to congressional representation• Both House and Senate

• Congress may determine the Time of choosing electors – and the Day the electors Vote– Day the same throughout the United States

The Original Mode of Presidential Election: 1787-1803

• Electors meet in their respective states– Cast two ballots for President– One ballot must be for a person who lives in a

different state from the Elector

• Counting electors’ ballots– If the most votes= 50%+1

• Highest # votes=President• 2nd highest # votes= Vice President

– If more than one receives a majority• House of Reps chooses President from the top 5• House members must vote as states

– Each delegation= 1 vote

The Elections of 1788-1800• 1788 (term begins 1789)

– Most votes: Geo. Washington • non-partisan

– 2nd most: John Adams • Federalist Society

• 1792 (term begins 1793)– Most votes: Geo. Washington– 2nd most: John Adams

• 1796 (term begins 1797)– Most votes: John Adams

• Federalist Society– 2nd most: Thomas Jefferson

• Anti-Federalist• 1800 (term begins 1801)

– Most votes: Thomas Jefferson• Anti-Federalist

– Most votes: Aaron Burr• Democratic-Republican

– Decision made by the House of Representatives

Amendment XII• Electors meet in their respective states

– Cast two ballots • One for President• One for Vice President

– One ballot must be for a person who lives in a different state from the Elector

• Counting electors’ ballots– If the most votes for President = 50%+1

• Highest # votes=President– If the most votes for Vice President = 50%+1

• Highest # votes= Vice President– If no one receives a majority for President

• House of Reps chooses President from the top 3• House members must vote as states

– Each delegation= 1 vote

– If no one receives a majority for Vice President• Senate chooses Vice President from the top 3

The Election of 1824• Presidential Candidates

– Andrew Jackson• Democratic-Republican from TN

– William Crawford• Democratic-Republican from GA

– John Q. Adams• Democratic Republican from MA

– Henry Clay• Democratic-Republican from KY

• Electoral College Results– Jackson

• 99 votes– JQ Adams

• 84 votes– Crawford

• 41 votes– Clay

• 37 votes

• No candidate carried a majority– Decision ‘thrown’ to US HR

• US HR Split between Jackson & Crawford• Crawford suffers stroke• US HR chooses JQ Adams

• Vice Presidential Candidates– John C. Calhoun

• Democratic-Republican from SC– Nathan Sanford

• Democratic-Republican from NY– Nathaniel Macon

• Democratic Republican from NC– Andrew Jackson

• Democratic-Republican from TN– Martin van Buren

• Democratic-Republican from NY– Henry Clay

• Democratic-Republican from KY

• Electoral College Results– Calhoun

• 182 votes– Sanford

• 30 votes– Macon

• 24 votes– Jackson

• 13 votes– Van Buren

• 9 votes– Clay

• 2 votes

The Election of 1876• Presidential Candidates

– Rutherford B. Hayes• Republican from OH

– Samuel J. Tilden• Democrat from NY

– Peter Cooper• Greenback Labor Party from NY

– Green Clay Smith • Prohibition Party from KY and MT Terr.

– James A. Walker• American Party from VA

• Electoral College Ballots– Hayes: 185– Tilden: 184– All others: 0

• The Controversy:– Most states chose popular elections for electoral

slates by 1876 (CO excepted)– One Oregon elector disqualified (held federal office)– Tilden receives 51% of the ‘popular vote’– Democrats claim fraud in FL, LA, OR, SC– Congress appoints electoral commission to investigate

The Election of 1888• Presidential Candidates

– Benjamin Harrison: Republican from IN– Grover Cleveland: Democrat from NY – Clinton B. Fisk: Prohibition Party– Alson J. Streeter: Union Labor Party

• Electoral College Ballots– Harrison: 233 Votes– Cleveland: 168 votes– All others: 0 votes

• The Controversy– Most states chose popular elections for electoral slates– Total “popular” votes:

• Harrison: 5,443,892 • Cleveland: 5,534,488

– Questionable tactics• “Blocks of Five”

– William Wade Dudley of IN advises “trusted men” to pay voters to vote Republican• The Murchison Letter

– CA Republican Osgoodby writes British ambassador under an assumed name asking how to vote– UK Ambassador recommends Cleveland– Mobilizes Irish-American vote against Cleveland

The Election of 2000• Presidential Candidates

– Albert Gore Jr.: Democrat from TN– George W. Bush: Republican from TX– Harry Browne: Libertarian from TN– Ralph Nader: Green Party from CT– Patrick Buchanan: Reform Party from VA– Howard Phillips: Constitution Party from VA– John Hagelin: Natural Law Party from IA

• Electoral College Ballots– Bush

• 271 votes– Gore

• 268 votes– All others

• 0 votes

• The Controversy– Most states chose popular elections for electoral slates– Total “popular” votes:

• Gore: 51,003,926• Bush: 50,460,110

– Florida Electoral Laws require automatic recounts in case of slim margins– Four counties recounted continuously– Several lawsuits filed, most were rejected or withdrawn

• Bush v. Gore: claims injury by Gore by insisting on Florida SC decision • Gore v. Bush: claims injury by Bush through lawsuit• Bush v. Florida: claims violation of Equal Protection of the Laws by Florida SC• Gore v. Florida: also claims violation of Equal Protection