automatic plan electoral college

Each voter casts a single vote for President and Vice President, but the votes are counted twice. Nomination and Election of the President and Vice President, S. Doc. The commentator notes, however, that since ratification of the 12th Amendment, only one contingent election has been necessary and, further, since gradual adoption by the states of the winner-take-all or general ticket system of awarding electoral votes, discussed infra, there have been no contingent elections. The automatic plan would amend the present system by abolishing the office of presidential elector and by allocating state electoral votes on an automatic winner-take-all basis to the candidates receiving the highest number of popular votes in a state. Finally, delegates from less populous states feared that presidential elections might be dominated by a few large states.2. Moreover, aside from Congress having the authority, under this provision, to determine the time of choosing electors and the day on which they vote, the power of the several states is exclusive. 28, introduced by Senator Birch Bayh in the 96th Congress (1979-1980), proposed direct popular election but failed of passage by a Senate vote of 51-48 in 1979.80 Given the results of the vote, the leadership of the House of Representatives decided not to bring the House version of the proposal to the floor in the 96th Congress. L. Rev. The Electoral College: Definition & Process - PapersOwl.com 106-16 at 313-94 (2000). 34 terms. Id. EPLAN Electric P8 - 64bit (Link Google drive) EPLAN Electric P8 - 64bit (1.63GB) EPLAN Electric P8 - 64bit (Link D phng) EPLAN Electric P8 - 64bit (1.63GB) Pass gii nn. Opponents of the proportional plan argue that it could undermine and eventually eliminate the present two-party system by making it easier for minor parties, new parties, and independent candidates to compete in the presidential elections by being able to win electoral votes without having to win statewide elections to do so. For some, however, hearings were held and legislative activity occurred, but there was insufficient legislative support to obtain the two-thirds votes of both houses of Congress necessary for approval of a constitutional amendment under Article V.77, The attempt in Congress that came closest to success occurred after the 1968 presidential election when American Independent party candidate George Wallace won 46 electoral votes, generating concern about the prospect of contingent election or the trading of electoral votes in return for policy concessions. The implementing statutes are codified at 3 U.S.C. As noted previously in this report, the founders intentionally made it difficult to alter the nation's fundamental charter, establishing what is the only double requirement of super majorities in the document: a proposed amendment must win proposed by two thirds majorities in both houses of Congress, and must then be approved by three fourths of the states. Alabama, Alaska, Colorado, Maine, Maryland, Montana, Nebraska, Nevada, Vermont, and Wyoming. "23 Indeed, critics of the electoral college system caution that the presence of viable and well-funded third-party or independent presidential candidates, who may be able to garner electoral votes by carrying a plurality of the votes in statewide elections, increases the likelihood of contingent election. Republican presidential candidate Donald Trump's claims that "the election is rigged" and his intimation that he would potentially not accept the results of the election if he doesn't win are potentially incredibly dangerous to the fabric of our democracy and should be swiftly denounced by leaders in both parties. Election Schedule - HDAP Rec. Congressional Quarterly, Inc., Presidential Elections Since 1789 1 (2d ed. S.J.Res. The 26th Amendment, which effectively set 18 as voting age in the United States, had been under consideration in various proposals beginning in the 1940s, and throughout the post-war era, a public consensus favorable to lowering the voting age began to emerge. They also note that the proportional plan would make it more unlikely that "minority" presidentsthose receiving more electoral votes than popular votes under the present systemwould be elected. While the ratification of the 23rd Amendment in 1961 granted the District of Columbia three votes in the electoral college, the District of Columbia would be effectively disenfranchised in a contingent election, as it is not a state and sends neither Senators nor Representatives to Congress.26, Reform proponents also cite the fact that the current electoral college system can result in the election of a so-called "minority" president, i.e., one who wins a majority of electoral votes, but loses the popular vote. Following the bitterly contested aftermath of this election, and its extraordinarily close electoral vote margin, it was anticipated that Congress would revisit the question of electoral college reform. Among its more attractive elements, it removed election from Congress, thus reinforcing separation of powers, acknowledged the federal principle by requiring electoral votes to be cast by state, and made it at least possible that some of the people would be able to vote, albeit indirectly, for the nation's chief executive. See Wallace S. Sayre and Judith H. Parris, The Brookings Institution, Voting for President 102-17 (1970); see generally League of Women Voters of the U.S., supra footnote 74, at 64-66. The second could occur if a presidential or vice presidential candidate were to die after election day in November, but before the electors meet to cast their votes in December. Id. Oh. Finally, the success of amendments has often depended on the support of congressional leaders who helped guide such proposals to passage by Congress, and proposal to the states. of Justice). The automatic plan comes closest to replicating the current "winner-take-all," or "general ticket" system by which the winning . RL30804. Most versions of the automatic plan provide some form of contingent election in Congress in the event no candidate receives a majority of electoral votes. Proponents of the district system claim that it more accurately reflects differences in support in various parts of a state and does not necessarily "disenfranchise" voters who picked the losing ticket. Proponents of presidential election reform generally advocate either completely eliminating the electoral college system, replacing it with direct popular election, or repairing perceived defects in the existing system. Many prominent leaders, including former Democratic presidential nominee contender and Vermont Sen. Bernie Sanders, claim that the current system desperately needs change. The Automatic Plan Could Fix The Electoral College - Bustle Moreover, the 2000 reallocation of electoral votes came into effect only with the presidential election of 2004, when it was four years out of date. 644, 62 Stat. After each decennial census, the 435 Representatives are reapportioned to the states based on their respective populations: some states gain Representatives while other states lose them, in accordance with shifts in population.39 Therefore, the gain or loss of a state's representation in the House of Representatives affects the size of its electoral college delegation. aubrey685. In 1961, the 23rd Amendment provided for three electors from the District of Columbia. In the House, a majority of 26 or more state votes is required to elect; in the Senate, a majority of 51 or more votes is required to elect.18. U.S. Congress, Senate, The Constitution of the United States of America: Analysis and Interpretation, [author name scrubbed], ed., 99th Cong., 1st sess., S. Doc. Note that one Ford elector cast his vote for Ronald Reagan. "Many things" versus "one big thing": which is more likely to prevail? How to Reform the Electoral College | Brennan Center for Justice For discussion of electoral college procedure if, for example, as the result of a closely contested election, two lists of electors from the same state are presented to the Congress, see CRS Congressional Distribution Memorandum, Overview of Electoral College Procedure and the Role of Congress, by [author name scrubbed] and [author name scrubbed] , available to Members of Congress and staff from the authors. The House required 35 deadlocked ballots before the impasse was broken and Jefferson was elected. That is, the candidates winning a plurality of votes would be elected; most proposals provide for a runoff election if no candidates received a minimum of 40% of the popular vote. 2, Lodge); 1951 (S.J.Res. League of Women Voters of the U. S., Who Should Elect the President? The system was revised so that electors would cast one vote each for President and Vice President, thus compartmentalizing the two contests. Anderson v. Celebrezze, 499 F. Supp. at 97, n.13. Under this plan, the electoral college would be abolished, and the President and Vice President would be elected directly by popular vote. Effectively, it removes the risk that electors would just cast their votes for whom they wanted, rather than what the state's vote reflected. Electoral College Reform Analysis.docx - Course Hero League of Women Voters of the U. S., supra footnote 74, at 71-79. Under this method, the slate of electors, representing the presidential and vice presidential ticket that wins a plurality of votes in a state is elected on election day in November, and later meets in mid-December as the electoral college to cast all of the state's electoral ballots for the winning presidential and vice presidential candidates.35. Greaves v. Mills, 497 F. Supp. Others have proposed that in the event the 40% threshold is not attained, then Congress, meeting in joint session and voting per capita (rather than by states as under current contingent election procedures), would elect the President and Vice President. The U.S. Constitution, in Article II, Section 1, Clause 2, as amended by the 12th Amendment, together with a series of implementing federal statutes,1 provides the broad framework through which electors are appointed and by which they cast votes for the President and Vice President. 2 (Lodge) passed the Senate by the required two-thirds votes, but the House failed to vote on the Senate Resolution. Computed by CRS. Since state electoral college delegations are equal to the combined total of each state's Senate and House delegation, the composition of the electoral college thus appears to be weighted in favor of the small states. 2 The 12th Amendment was proposed and ratified following the presidential election of 1804. The Electoral College, Explained | Brennan Center for Justice Of the three principal proposals to reform the electoral college, this proposal would result in the least change from the present system of electing the President and the Vice President. The shock of the 1800 election led directly to proposal of the 12th Amendment in 1803 and its speedy ratification in 1804. That is, each state would still be allocated at least three electoral votes, correlating to its two Senators and its one Representative, regardless of the size of the state's population. June 25, 1948, ch. Some commentators suggest that the political parties, employing their rules providing for the filling of presidential and vice presidential vacancies, would designate a substitute nominee. The anomaly contests included one in which the President was chosen by contingent election (1824), one in which the Vice President was chosen by contingent election (1836), and three occasions in which the electoral college winners received fewer popular votes than the electoral college runners-up (1876, 1888, and 2000). 21 terms. Presently, 538 electors are apportioned to the states and the District of Columbia based on: (1) 100 Senators; (2) 435 Representatives; and (3) 3 electors representing the District of Columbia. See all videos for this article. Direct election would thus eliminate the possibility of a "minority" President and Vice President, because the candidate winning the most popular votes would always prevail. For additional information on this process, known as contingent election, please consult CRS Report RL32695, Election of the President and Vice President by Congress: Contingent Election, by [author name scrubbed]. Proponents of the direct election alternative more closely resemble the hedgehog in that they focus largely, on the democratic principle of majority rule. If both houses vote to sustain the objection, the electoral vote or votes in question are not counted.15, If no candidates for president and/or vice president obtain a simple majority of the electoral votes, according to the 12th Amendment, the newly elected Congress conducts what is referred to as "contingent election": the House of Representatives chooses the President, and the Senate chooses the Vice President.17 In the House, the President is elected from among the three candidates who received the most electoral votes, with each state (not including the District of Columbia) casting a single vote for President. 202210_365 1095 (D. Md. Further, it would eliminate what they characterize as an even greater potential for distortion of the public will by abolishing the contingent election process. SODA voting (where voters rank the candidates) is another option as well. Further adding to the major party advantage in presidential elections, the federal public financing provisions facilitate the acquisition of public campaign funds for major party presidential candidates, while independent, minor party, and third-party candidates must demonstrate at least a 5% voter support in order to receive any public funds, which are then provided four years later. Thus, the tally would have been 271 electoral votes for Bush/Cheney and 267 (as opposed to 266) for Gore/Lieberman. 1. November 5, 2004 As the number of electors apportioned to each state is equal to the combined total of its Representatives and Senators in Congress,38 that number is ultimately dependent upon each state's population. The President and the Vice President of the United States are elected indirectly by an institution known as the electoral college. Relatedly, opponents question the 40% plurality threshold. See above under "The Faithless Elector" for further information. The Electoral College is a group of intermediaries designated by the Constitution to select the president and vice president of the United States. Under Article II, Section 1, Clause 2 of the Constitution, as amended by the 12th Amendment in 1804, each state is required to appoint electors in the manner directed by its state legislature. U.S. Congress, House Proposing an Amendment to the Constitution of the United States, report to accompany S.J.Res. More than 74 million votes had been counted for Mr. Trump. 898 (D.N.M. A less frequently offered variant would provide for election by a joint session of Congress instead of a runoff election in the event no candidates received a 40% majority. The electors then meet in their respective states to vote. Anderson v. Firestone, 499 F. Supp. How to get rid of the Electoral College | Brookings The popular vote results for that election were: Gore and Lieberman: 50,992,335; for Bush and Cheney: 50,455,156.28. Under the present system, minor parties, new parties, and independent candidates have not fared very well in presidential elections, probably due to, inter alia, problems such as ballot access procedures, public financing in the general election, and the lack of name recognition and grass-roots organization in comparison to those of the established major parties. These arguments were advanced by the Presidents of the American Jewish Congress and the National Urban League as reasons for their support of the electoral college system during hearings before the Senate Judiciary Committee's Subcommittee on the Constitution as it considered a direct election amendment in 1979.32, Under Article II, Section 1, clause 2 of the Constitution, electors are appointed in "such Manner as the Legislature thereof may direct." The total number of electors comprising the electoral college equals the total combined congressional representation of each state (House plus Senate seats), plus three electors representing the District of Columbia.7 After each decennial census, as the states gain or lose population and, consequently, gain or lose Representatives in the House, the number of electors assigned to each state may change to reflect the new apportionment. Adams was elected President, but too many federalist electors cast their second votes for candidates other than Pinckney, so Jefferson came in second in the total number of electoral votes, and was thus elected Vice President. In fact, the states moved to provide for direct popular choice of electors by the voters beginning in the late 18th Century. The 25th Amendment, which revamped presidential succession procedures, emerged almost directly from the events surrounding the assassination of President John F. Kennedy in 1963, which incontestably stunned and galvanized both Congress and the nation. Id. The Convention settled on a compromise plan: the electoral college system.3 It provides for the election of the President and Vice President by electors appointed by each state in a manner determined by its legislature. Senators and Representatives and a wide range of state and local officials at this time, which is generally known as national election day. The Constitution originally provided that each elector would cast two votes, for different persons, for President. Thursday, September 15, 2022. Huckabee, Alternative Methods to Allocate the Electoral Vote, pp. Proponents of the district plan assert that it would more accurately reflect the popular vote results for presidential and vice presidential candidates than the present electoral college method. Indeed, more proposed constitutional amendments have been introduced in Congress regarding electoral college reform than on any other subject. For a summary of the state and District of Columbia statutes binding electors votes, see, U.S. Library of Congress, Congressional Research Service, State Statutes Binding Electors' Votes in the Electoral College (2000), Memorandum by [author name scrubbed]. 03:00 p.m to 04:00 p.m. 24. Link Ti Mega/Google drive. Further, opponents argue, the states would generally have less importance as units, since the winner-take-all aspect would be eliminated.92 In close elections, it is asserted, the proportional plan would lead to more frequent instances of electoral vote deadlock, in which neither candidate would gain the necessary majority of electoral votes, if this threshold were retained. 283 (E.D. Moreover, by effectively granting each state an equal vote, the contingent election system fails to account for great differences in populationand the number of votes castin the various states. The Electoral College was established by Article II, Section 1 of the United States Constitution in 1789, as a group of people independent of the government to vote on who should become president in the nation's quadrennial presidential elections. Elections, 4th ed., vol. The first, and perhaps largest single factor in the electoral college reform equation is Article V of the Constitution, which provides for its amendment, among other things. In this case, Congress acted with considerable dispatch for the era, proposing an amendment less than two years later, in December, 1803. This report will be updated as events warrant. Direct popular election, they claim, would be a serious blow to federalism in the United States. 345 (Washington? Ten states and D.C. have passed the Compact, comprising 165 electoral votes. Accordingly, a state legislature has the authority to determine, for example, whether its electors will be allocated according to the general ticket system or the district system.34, Presently, 48 states and the District of Columbia (Maine and Nebraska are the exceptions, having adopted the district system) have adopted the winner-take-all method of allocating electors. Counsel, Feerick Center for Social Justice, Fordham University School of Law. Redrawing the Electoral Map: Reforming the Electoral College with the Check out some of the more controversial elections relating to the Electoral College, including the Elections of 1800, 1824, 1836, 1876, 1888, and 2000 from Fair Vote-Center for Voting and . The electoral college system comprises a complex mosaic of constitutional provisions, state and federal laws, and political party rules and practices. "202110 B080307 ". PDF | Purpose: This paper describes an online voting system that was designed to meet the electoral needs of universities and colleges.. | Find, read and cite all the research you need on . For additional information, see CRS Archived Report 96-855, Major Party Candidates for President and Vice President: How Vacancies Are Filled, by [author name scrubbed]; U.S. Library of Congress, Congressional Research Service, Presidential and Vice Presidential Succession: From Nomination Through Inauguration (2000), Memorandum by [author name scrubbed]. What Are The Strengths And Weaknesses Of The Electoral College Electoral College Reform | Brennan Center for Justice Interest in changing or abolishing the electoral college has arguably been dependent, at least in recent decades, on how accurately it has appeared to ratify the voters' choice. 106-16 at 409 (2000). See id. The automatic plan. Furthermore, the automatic plan would preserve the present two-major party system under a state-by-state, winner-take-all method of allotting electoral votes. In addition, proponents note that the direct election plan would give every vote equal weight, regardless of the state in which it was cast. 681, 91st Cong., carried in the House on September 18, 1969, by a vote of 338 to 70. Putting the automatic plan in place would mean passing a constitutional amendment, which in turn requires two-thirds of Congress to vote and agree on the decision and that decision needs to. 02241. Electoral College Reform Analysis Your goal in this assignment is to examine the original design and purpose of the Electoral College, assess how it works in modern U.S. politics, and analyze the proposals to reform the Electoral College by looking at their advantages and disadvantages. What Is the Electoral College? | Lesson Plan | Education.com
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