| A PROCEDURAL GUIDE TO THE ELECTORAL COLLEGE
Nov. 15, 2000
Page(s) : n.p.
National Archives and Records Administration (NARA)
Office of the Federal Register
A PROCEDURAL GUIDE TO THE ELECTORAL COLLEGE
THE ELECTORAL COLLEGE IN BRIEF
The Electoral College was established by the founding fathers
as a compromise between election of the president by Congress and
election by popular vote. The electors are a popularly elected body
chosen by the States and the District of Columbia on the Tuesday after
the first Monday in November (November 7, 2000). The Electoral College
consists of 538 electors (one for each of 435 members of the House of
Representatives and 100 Senators; and 3 for the District of Columbia
by virtue of the 23rd Amendment). Each State's allotment of electors
is equal to the number of House members to which it is entitled plus
two Senators. The decennial census is used to reapportion the number
of electors allocated among the States.
The slates of electors are generally chosen by the political
parties. State laws vary on the appointment of electors. The States
prepare a list of the slate of electors for the candidate who receives
the most popular votes on a Certificate of Ascertainment. The Governor
of each State prepares seven original Certificates of Ascertainment.
The States send one original, along with two authenticated copies or
two additional originals to the Archivist of the United States at the
National Archives and Records Administration (NARA) by registered
mail, which must be received by the first Monday after the second
Wednesday in December (December 18, 2000). The Archivist transmits the
originals to NARA's Office of the Federal Register (OFR). The OFR
forwards one copy to each House of Congress and retains the original.
The electors meet in each State on the first Monday after the
second Wednesday in December (December 18, 2000). A majority of 270
electoral votes is required to elect the President and Vice President.
No Constitutional provision or Federal law requires electors to vote
in accordance with the popular vote in their State.
The electors prepare six original Certificates of Vote and
annex a Certificate of Ascertainment to each one. Each Certificate of
Vote lists all persons voted for as President and the number of
electors voting for each person and separately lists all persons voted
for as Vice President and the number of electors voting for each
person.
If no presidential candidate wins a majority of electoral
votes, the 12th Amendment to the Constitution provides for the
presidential election to be decided by the House of Representatives.
The House would select the President by majority vote, choosing from
the three candidates who received the greatest number of electoral
votes. The vote would be taken by State, with each State delegation
having one vote. If no Vice Presidential candidate wins a majority of
electoral votes, the Senate would select the Vice President by
majority vote, with each Senator choosing from the two candidates who
received the greatest number of electoral votes.
THE STATES
The United States Constitution and Federal law place certain
responsibilities relating to the Presidential election upon State
executives and the electors for President and Vice President. Neither
the Constitution nor Federal law prescribe the manner in which each
State appoints its electors other than directing that they be
appointed on the Tuesday after the first Monday in November (November
7, 2000). The Constitution forbids a Senator, Representative, or
person holding an office of trust or profit under the United States
from being appointed as an elector.
In most States, the electors are appointed by state-wide
popular election. The slate of electors for the candidate who receives
the most popular votes is appointed. The slates of electors are
generally chosen by the political parties. However, the States' laws
vary on the appointment of electors. In Maine and Nebraska, two
electors are chosen at-large by state-wide popular vote and the rest
are selected by the popular vote in each congressional district. As a
result, the electoral procedure in these States permits a split slate
of electors to be chosen.
After the general election, the Governor of each State and the
Mayor of the District of Columbia prepare a Certificate of
Ascertainment of the electors appointed (herein, the term "Governor"
includes the Mayor of the District of Columbia). The Certificate of
Ascertainment must list the names of the electors appointed and the
number of votes received by each. It must also list the names of all
other candidates for elector and the number of votes received by each.
The Certificate must be signed by the Governor and carry the seal of
the State. The format of the Certificate is not dictated by Federal
law, but conforms to the law or custom of the submitting State.
The Governor must prepare seven original Certificates of
Ascertainment. One original, along with two authenticated copies (or
two additional originals) must be sent by registered mail to the
Archivist of the United States, National Archives and Records
Administration, Washington, DC 20408. The Certificates should be sent
as soon as possible after the election, but should definitely be
received by the Archivist before the statutory deadline (December 18,
2000). The other six originals must be delivered to the State's
electors on or before the day the electors meet.
On the first Monday after the second Wednesday in December
(December 18, 2000), the electors meet in their respective States. The
State legislature may designate where in the State the meeting will
take place. It usually takes place in the State capital, often in the
capitol building. At this meeting, the electors vote by ballot for
President and Vice President. There must be distinct ballots for
President and Vice President. The electors' votes are recorded on a
Certificate of Vote. This Certificate must contain a list of all
persons voted for as President and the number of electors voting for
each. It must also contain a list of persons voted for as Vice
President and the number of electors voting for each. The names of
candidates receiving no electoral votes do not appear on the
Certificate of Vote.
There is no Constitutional provision or Federal law requiring
electors to vote in accordance with the popular vote in their States.
In the 1976 election, a Washington elector pledged to President Gerald
Ford voted for Ronald Reagan. In the 1988 election, a West Virginia
elector voted for Senator Lloyd Bentsen as President and for Governor
Michael Dukakis as Vice President. But some state laws require
electors to cast their votes according to the popular vote and provide
that so-called "faithless electors" may be subject to fines or may be
disqualified for casting an invalid vote and be replaced by a
substitute elector.
The format of the Certificate is not dictated by Federal law,
but is determined by the law or custom of each State. Six original
Certificates of Vote must be prepared by the electors. Each
Certificate must be signed by all of the electors. One of the six
Certificates of Ascertainment forwarded to the electors by the
Governor must be attached to each of the six Certificates of Vote.
Each of the six pairs of Certificates must be sealed and certified by
the electors to be the list of votes of that State.
The six pairs of Certificates are distributed as follows:
--One, by registered mail, to the President of the United
States Senate, The Capitol, Washington, DC 20510;
--Two, by registered mail, to the Archivist of the United
States, National Archives and Records Administration, Office of the
Federal Register (NF), 700 Pennsylvania Avenue, NW, Washington, DC
20408;
--Two to the Secretary of State of the State, one of which is
held subject to the order of the President of the United States
Senate, the other to be preserved by the Secretary for public
inspection for one year; and
--One to the chief judge of the Federal district court of the
district in which the electors meet.
Since there is a very short time between the meetings of the
electors in the States and the counting of the electoral votes by
Congress, and the meetings of electors coincides with the December
holiday mail season, it is imperative that these Certificates be
delivered as soon as possible. After the Certificates of Ascertainment
and Certificates of Vote are delivered to the appropriate persons, the
States' functions in the electoral process are completed.
NARA AND OFFICE OF THE FEDERAL REGISTER PROCEDURES
The Archivist of the United States is required by law to
perform certain functions relating to the electoral college (3 U.S.C.
sections 6, 11, 12, 13). The Archivist has delegated to the Director
of the Federal Register the authority to carry out the administration
of the electoral college process.
PRIOR TO THE GENERAL ELECTION
In October of each Presidential election year, the Archivist
sends a letter to the Governor of each State and the Mayor of the
District of Columbia along with an instruction package prepared by the
Office of the Federal Register (OFR) that sets out the States'
responsibilities regarding the electoral college. The package also
includes a quantity of booklets containing applicable Federal
Constitutional and statutory provisions regarding presidential
elections to be distributed to each elector.
Also in the month prior to the election, the OFR contacts the
Assistant Secretary of the Senate and the House Parliamentarian to
make arrangements for the delivery of the electoral college
certificates to Congress. And finally, in the month prior to the
election, the OFR prepares to receive the electoral college
certificates from the States. The OFR makes special arrangements with
the Archivist's mailroom staff and messenger service to establish
procedures for handling the Certificates and transmitting them from
the Archives to the OFR.
AFTER THE GENERAL ELECTION
During the week following the general election, the OFR calls
the Governor's Office in each State and the Mayor's Office in the
District of Columbia to make a personal contact with a person
responsible for the electoral college process. In some States, the
Secretary of State is the official designated to administer the
electoral college, but other state officials may be assigned this
responsibility according to State law or custom. The OFR confirms that
materials mailed in October have arrived and reviews the States' plans
for carrying out their responsibilities.
RECEIPT OF CERTIFICATES OF ASCERTAINMENT
Certificates should begin arriving at NARA shortly after the
general election held on November 7, 2000. The Archives makes a record
of the Certificates of Ascertainment it receives and transmits them to
the OFR's Legal Affairs and Policy Staff by special delivery. The OFR
logs in a record of the Certificates and checks them for facial legal
sufficiency. If there are any problems with a Certificate, an OFR
attorney calls the contact person in the State to advise them of the
defect. The OFR makes copies of the Certificates of Ascertainment
available for public inspection and secures the originals.
RECEIPT OF CERTIFICATES OF VOTE
Certificates of Vote should begin arriving at NARA shortly
after the State meetings of the electors held on December 18, 2000.
Certificates of Vote are recorded on a log sheet when received at the
Archivist's office and at the OFR. Each Certificate is checked for
facial legal sufficiency, and if there are any problems with a
Certificate, an OFR attorney calls the contact person in that State
and the Assistant Secretary of the Senate to inform them of the
problems and offer advice as to a solution. After the Certificates of
Vote have been determined to be facially sufficient, the OFR makes
copies of them available for public inspection and secures the
originals.
CERTIFICATES OF ASCERTAINMENT TRANSMITTED TO CONGRESS
The OFR prepares cover letters for the Archivist's signature
to accompany the Certificates of Ascertainment transmitted to
Congress. The OFR hand delivers the Certificates and cover letters to
the Vice President's Office in the Senate (the Vice President is the
President of the Senate) and the Speaker's Room on the House side of
the Capitol and obtains a receipt. If all the Certificates of
Ascertainment are received in a timely fashion, they are sent to
Congress in one group. However, late arriving Certificates may also be
hand delivered separately to Congress so that transmittal of the other
Certificates is not delayed.
CERTIFICATES OF VOTE SUBJECT TO THE CALL OF THE PRESIDENT OF
THE SENATE
The OFR holds one of the two original Certificates of Vote
subject to the call of the President of the Senate in the event that
one or more Certificates fail to reach the Senate in a timely manner.
If the Archivist does not receive a Certificate of Vote from a State
by a week after the electors meet, the OFR calls that State's contact
person to make sure the Certificates were mailed. If the Certificates
were not mailed, the OFR advises the State to transmit the
Certificates by express mail. If the Certificates were mailed and are
overdue in arriving, the OFR calls the Postal Service to request that
it trace the package. Finally, if no Certificate of Vote is received
from a State by the fourth Wednesday in December after the election,
the OFR employs the procedural steps set forth at 3 U.S.C. sections 12
and 13 by securing a duplicate from the Secretary of State of the
State or by dispatching a special messenger to obtain the duplicate
held by a Federal District judge and hand carrying it to Washington
D.C.
PRESERVING CERTIFICATES
After Congress has met in joint session for the official
counting of electoral votes, all Certificates of Ascertainment and
Certificates of Vote in OFR's files are combined into one file. Each
file contains all Certificates from a State, any cover letter
accompanying the Certificates, and any envelopes bearing
certifications of electors' votes. The files are placed in archival
boxes and made available for public inspection at the OFR for one year
and then transferred to NARA for permanent retention.
THE CONGRESS
House and Senate staff come to the Office of the Federal
Register (OFR) to inspect the Certificates of Vote in late December.
Because the statutory procedure prescribes that the Certificates of
Vote sent to the President of the Senate be held under seal until
Congress opens and counts them in joint session, the Congress depends
on the OFR to ensure the facial legal sufficiency of Certificates. If
any State's Certificate fails to reach the President of the Senate,
the President of the Senate calls on OFR to deliver duplicate
originals in its possession to complete the set held by Congress.
After the 1988 general election, the President of the Senate called
for nineteen of the Certificates of Vote held by the OFR. For the 1992
election, the OFR supplied the Congress with two missing Certificates
of Vote.
The Congress is scheduled to meet in joint session in the
House of Representatives at one o'clock January 6, 2001 (THIS DATE IS
SUBJECT TO CHANGE) to conduct the official tally of electoral votes.
The Vice President, as President of the Senate, is the presiding
officer. Two tellers are appointed to open, present and record the
votes of the States in alphabetical order. The President of the Senate
announces the results of the vote and declares which persons, if any,
have been elected President and Vice President of the United States.
The results are entered into the official journals of the House and
Senate. The President of the Senate then calls for objections to be
made. If any objections are registered, they must be submitted in
writing and be signed by at least one member of the House and Senate.
The House and Senate would withdraw to their respective chambers to
consider the merits of any objections according the procedure set out
under 3 U.S.C. section 15. |
