Although we cast a ballot for a presidential nominee on election day (the first Tuesday in November), in reality we are selecting "electors" -- those people who will cast the deciding ballot. The electoral college is a non-direct election artifact created by the Founding Fathers, most of whom distrusted direct democracy. Electoral votes are based on congressional representation -- the sum of senators and representatives. The total is 538, and 270 votes are needed to be elected.
Allocating Electors Among The StatesEach state has electors equal to the number of its Senators and Representatives in the U.S. Congress. In addition, per the Twenty-third Amendment to the U.S. Constitution, the District of Columbia has been granted electors as though it were a state. Even though the political parties hold primary elections in U.S. territories, U.S. territories are not represented in the Electoral College.
Allocating Electors Within The StatesForty-eight states and the District of Columbia have adopted a winner-take-all popular vote system: the candidate who wins the most votes in the state wins the support of all of that state’s electors.
In two states, Maine (4 electors) and Nebraska (5 electors), a single elector is allocated within each Congressional district and two electors are chosen by statewide popular vote. Maine initiated this practice in 1972; Nebraska, 1992. The 2008 election was the first where either state split its electoral votes. Nebraska allocated one electoral vote to Barack Obama and four to John McCain.
Casting The Electoral VotesElectors meet in their respective state capitals on the Monday after the second Wednesday in December to cast their electoral votes on separate ballots for President and Vice President. In 2008, that meeting will be held December 15.
Each elector casts one vote for President and one vote for Vice President. Electors are technically free to vote for anyone eligible to be President, but in practice an elector pledges to vote for a specific candidate.
Five copies of the state's Certificate of Vote are completed and signed by each Elector. One copy is sent to President of the U.S. Senate (the sitting Vice President of the United States) by certified mail.
The Congressional Certification Of ElectionThe Twelfth Amendment to the U.S. Constitution mandates that the Congress assemble in joint session to count the electoral votes and declare the winners (president and vice president) of the election. Subsequent federal law sets the date for this joint session of Congress: the sixth day of January in the calendar year immediately following the meetings of the presidential electors.
The meeting is held at 1:00 p.m. EST in U.S. House of Representatives, and each chamber appoints two tellers to count the vote. If there are no objections, the presiding officer declares the result of the vote. To be valid, an objection must be lodged by both a Senator and a Representative.
Determining The Winners of The ElectionIn order to be elected, a candidate must have a majority (since 1964, at least 270) of the electoral votes. Should no candidate for President win a majority of the electoral votes, the decision is referred to the U.S. House of Representatives. Should no candidate for Vice President possess a majority of the electoral votes, the decision is referred to the U.S. Senate.
Presidential Election By The House of RepresentativesShould there be an electoral vote tie (such as 269-to-269) or no candidate receives a majority of the electoral votes (such as 268-267-3), then the U.S. House of Representatives must go into session immediately to select the President. The U.S. Constitution limits the House to selecting from the top three Presidential candidates. Each state delegation has only one vote and the District of Columbia does not have a vote. A candidate must receive an absolute majority of the votes (26) to become the President-elect.
The House of Representatives has chosen the President only twice: once under Article II, Section 1, Clause 3 (Thomas Jefferson, 1801) and once under the Twelfth Amendment (John Quincy Adams, 1825).
Vice Presidential Election By The SenateIf no candidate for Vice President receives an absolute majority of electoral votes, then the Senate must elect a Vice President. The U.S. Constitution limits the Senate to selecting from the top two Vice Presidential candidates. At least two-thirds of the Senate must be present for balloting to take place. Each state receives two votes, per normal Senate rules. According to the Twelfth Amendment, a majority of the whole Senate (51 votes today) is required for election.
The Senate has elected the Vice President only once, on February 8, 1837. Richard Mentor Johnson (D-KY) was the controversial running mate of Martin Van Buren (D-NY), who was duly elected but Johnson received only only 147 electoral votes, one short of a majority.