The Electoral College: How the System Works and Common Misconceptions

The president of the United States is not elected by a direct national popular vote. Instead, the Constitution establishes the Electoral College, a system in which states choose electors who formally cast the votes for president and vice president. Although it is widely discussed during election seasons, many of its details are misunderstood.

The Basics

There are 538 electors in total, and a candidate needs at least 270 electoral votes to win. Each state receives a number of electors equal to its number of members in the House of Representatives plus its two Senators. The District of Columbia has three electors under the Twenty-Third Amendment.

How States Award Electors

In most states, the candidate who wins the statewide popular vote receives all of that state's electoral votes, a method often called winner-take-all. Maine and Nebraska use a different approach, awarding one elector to the winner in each congressional district and two to the statewide winner. State legislatures determine the rules for choosing electors, within the framework of the Constitution and federal law.

From Election Day to Inauguration

1. Voters cast ballots in November.
2. States certify their results.
3. Electors meet in their states in December to cast their votes.
4. Congress meets in a joint session in early January to count the electoral votes.
5. The president takes the oath of office on Inauguration Day, January 20.

Common Misconceptions

• "Electors can vote however they like." Many states have laws that bind electors to the popular vote winner in their state or impose penalties on those who do not comply. The Supreme Court has held that states may enforce such requirements.
• "The winner always has the most popular votes." A candidate can win the presidency while receiving fewer votes nationwide, as has happened a handful of times in U.S. history.
• "Congress chooses the president in every election." Congress counts the votes, but a contingent election occurs only if no candidate reaches a majority.

What Happens if No One Gets 270

If no presidential candidate wins a majority of electoral votes, the House of Representatives chooses the president from among the top candidates, with each state delegation casting one vote. The Senate selects the vice president, with each senator casting one vote. This has happened rarely, most recently in the nineteenth century.

A Brief History

The framers debated several methods of choosing the president, including selection by Congress and direct popular election, before settling on the compromise in Article II. The Twelfth Amendment, ratified in 1804, revised the process so that electors cast separate votes for president and vice president. Over time, states moved toward choosing electors by popular vote, and the method of allocation has been changed by state laws. This history helps explain why the system looks the way it does and why proposals to alter it continue to arise.

Why It Is Debated

Supporters argue that the system protects the interests of smaller states, encourages candidates to build broad coalitions and supports the federal structure of the country. Critics argue that it can diminish the influence of voters in states that are not competitive and that it allows outcomes that differ from the national popular vote. Proposals for change include a constitutional amendment, and an interstate agreement known as the National Popular Vote Interstate Compact, which would take effect only if enough states join to reach 270 electoral votes.

Whatever one's views, understanding how the system works is a helpful starting point for informed discussion. For details specific to your state, consult your election office.