Any State legislature could enact legislation that would change how the Governor or Mayor of DC appoints its electors. So, a State legislature could require that its electors vote for a candidate who did not receive a majority of the popular vote in its State. There is no Constitutional provision or Federal law that requires electors to vote according to the results of the popular vote in their States, so the States may decide to use something other than their State's popular vote results to direct how their electors vote.
If no candidate receives a majority of electoral votes, the Presidential election leaves the Electoral College process and moves to Congress. The House of Representatives elects the President from the 3 Presidential candidates who received the most electoral votes.
Each State delegation has one vote and it is up to the individual States to determine how to vote. Since the District of Columbia is not a State, it has no State delegation in the House and cannot vote. A candidate must receive at least 26 votes a majority of the States to be elected. The Senate elects the Vice President from the 2 Vice Presidential candidates with the most electoral votes.
Each Senator casts one vote for Vice President. Since the District of Columbia is has no Senators and is not represented in the vote. A candidate must receive at least 51 votes a majority of Senators to be elected. A tie is a statistically remote possibility, even in smaller States, and would not be known until late November or early December, after a recount and after the Secretary of State for the State had certified the election results.
Following the November election, one candidate for a Virginia House of Delegates seat was ahead by two 2 votes. Since the results were so close, there was a recount which found that one 1 vote had been miscounted. After the recount, the candidates had the same number of votes. Following State law, they drew lots for a winner. The candidates put their names on individual pieces of paper and put the pieces in a bowl.
A neutral third party pulled a name out of the bowl and that candidate was declared the winner. A very close finish could also result in a run-off election or legal action to decide the winner.
Just like a tie, State law determines how the winner is decided, and would be conclusive in determining the selection of electors. The law provides that if States have laws to determine controversies or contests as to the selection of electors, those determinations must be completed at least six days before the meeting of the electors.
The objection must be made in writing and signed by at least one Senator and one member of the House of Representatives. Both the Senate and the House of Representatives debate the objection separately. Debate is limited to two hours. The Electoral College consists of electors. A majority of electoral votes, in this case votes, is what is needed to be elected president. Congressional delegation — one for each House of Representatives member and one for each senator.
Currently, there are electors — from the Congressional delegations and 3 from the District of Columbia. State laws vary on how electors are chosen, but they are generally picked by political parties.
Potential electors are usually nominated at state party conventions, and voted on there. What may surprise you is that on Election Day, you are actually voting for electors when you vote for candidates on your ballot.
Maine and Nebraska are the only states that do not use a winner-take-all system. Instead, in these two states, one electoral vote is awarded to the presidential candidate who wins the popular vote in each congressional district, and the remaining two electoral votes are awarded to the candidate receiving the most votes statewide.
Do the electors have to vote for the person who won the popular vote in their state? There are no Constitutional provisions that force electors to vote for the candidate who wins the popular vote in the state. However, states can and some do require electors to vote the way the state does, voting for the candidate who wins the popular vote.
In July, the U. Supreme Court unanimously ruled in Chiafalo v. The decision says that states may pass laws that require electors to cast their votes in the way they said they would when they were nominated to be an elector. Thirty-three states, along with the District of Columbia, require electors to vote for the candidate they have pledged to vote for.
Five of those states provide a penalty of some sort for an elector who does not vote as he or she pledged to vote. It's unlikely, but here's what would happen if Trump and Biden each received electoral votes. The presidential election is left up to members of the House of Representatives in the event of a tie or any results where no one wins electoral votes. The choice for the vice president is left up to the Senate.
Members of the Electoral College gather in their states on the first Monday after the second Wednesday in December following the election to officially elect the president. The electors will meet on Dec. If the votes go to the House, states will vote as units. What that means: All of the House members from one state come together and vote, like their own mini state. Each delegation gets one vote.
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