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The Election Process

The Election Process. Module 6.4: Presidential Election. Electing the President. President and Vice-President are not directly elected by voters in the United States There is no national election The Electoral College States determine how to choose electors for their state

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The Election Process

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  1. The Election Process Module 6.4: Presidential Election

  2. Electing the President • President and Vice-President are not directly elected by voters in the United States • There is no national election • The Electoral College • States determine how to choose electors for their state • How does this work? • How is it supposed to work?

  3. What Voters See PotUS + VPotUS General Election PotUS Candidate PotUS Candidate VPotUS candidate VPotUS Candidate Primary Election Primary Election Voters

  4. What Actually Happens PotUS+VPotUS PotUS/VPotUS Candidates PotUS/VPotUS Candidates Electoral College National National Electors (Party Candidates for Electoral College) Electors (Party Candidates for Electoral College) State State General Election Party Org Party Org Primary Election Primary Election Voters

  5. The Electoral College: Then & Now • Each State shall appoint a number of electors • in such manner as the legislature thereof may direct • States may choose how electors are chosen • Direct election of individual electors • Direct election of “slates” • The current preferred method in 48 states (including Texas) • Modified direct election (Maine & Nebraska) • By congressional district • At large slate of two • Appointment by state legislature • The originally preferred method by at least 25% of states • Appointment by executive authority • Equal to congressional representation • Both House and Senate • Congress may determine the Time of choosing electors • and the Day the electors Vote • Day the same throughout the United States

  6. The Original Mode of Presidential Election: 1787-1803 • Electors meet in their respective states • Cast two ballots for President • One ballot must be for a person who lives in a different state from the Elector • Counting electors’ ballots • If the most votes= 50%+1 • Highest # votes=President • 2nd highest # votes= Vice President • If more than one receives a majority • House of Reps chooses President from the top 5 • House members must vote as states • Each delegation= 1 vote

  7. The Elections of 1788-1800 • 1788 (term begins 1789) • Most votes: Geo. Washington • non-partisan • 2nd most: John Adams • Federalist Society • 1792 (term begins 1793) • Most votes: Geo. Washington • 2nd most: John Adams • 1796 (term begins 1797) • Most votes: John Adams • Federalist Society • 2nd most: Thomas Jefferson • Anti-Federalist • 1800 (term begins 1801) • Most votes: Thomas Jefferson • Anti-Federalist • Most votes: Aaron Burr • Democratic-Republican • Decision made by the House of Representatives

  8. Amendment XII • Electors meet in their respective states • Cast two ballots • One for President • One for Vice President • One ballot must be for a person who lives in a different state from the Elector • Counting electors’ ballots • If the most votes for President = 50%+1 • Highest # votes=President • If the most votes for Vice President = 50%+1 • Highest # votes= Vice President • If no one receives a majority for President • House of Reps chooses President from the top 3 • House members must vote as states • Each delegation= 1 vote • If no one receives a majority for Vice President • Senate chooses Vice President from the top 3

  9. The Election of 1824 • Vice Presidential Candidates • John C. Calhoun • Democratic-Republican from SC • Nathan Sanford • Democratic-Republican from NY • Nathaniel Macon • Democratic Republican from NC • Andrew Jackson • Democratic-Republican from TN • Martin van Buren • Democratic-Republican from NY • Henry Clay • Democratic-Republican from KY • Electoral College Results • Calhoun • 182 votes • Sanford • 30 votes • Macon • 24 votes • Jackson • 13 votes • Van Buren • 9 votes • Clay • 2 votes • Presidential Candidates • Andrew Jackson • Democratic-Republican from TN • William Crawford • Democratic-Republican from GA • John Q. Adams • Democratic Republican from MA • Henry Clay • Democratic-Republican from KY • Electoral College Results • Jackson • 99 votes • JQ Adams • 84 votes • Crawford • 41 votes • Clay • 37 votes • No candidate carried a majority • Decision ‘thrown’ to US HR • US HR Split between Jackson & Crawford • Crawford suffers stroke • US HR chooses JQ Adams

  10. The Election of 1876 • Presidential Candidates • Rutherford B. Hayes • Republican from OH • Samuel J. Tilden • Democrat from NY • Peter Cooper • Greenback Labor Party from NY • Green Clay Smith • Prohibition Party from KY and MT Terr. • James A. Walker • American Party from VA • Electoral College Ballots • Hayes: 185 • Tilden: 184 • All others: 0 • The Controversy: • Most states chose popular elections for electoral slates by 1876 (CO excepted) • One Oregon elector disqualified (held federal office) • Tilden receives 51% of the ‘popular vote’ • Democrats claim fraud in FL, LA, OR, SC • Congress appoints electoral commission to investigate

  11. The Election of 1888 • Presidential Candidates • Benjamin Harrison: Republican from IN • Grover Cleveland: Democrat from NY • Clinton B. Fisk: Prohibition Party • Alson J. Streeter: Union Labor Party • Electoral College Ballots • Harrison: 233 Votes • Cleveland: 168 votes • All others: 0 votes • The Controversy • Most states chose popular elections for electoral slates • Total “popular” votes: • Harrison: 5,443,892 • Cleveland: 5,534,488 • Questionable tactics • “Blocks of Five” • William Wade Dudley of IN advises “trusted men” to pay voters to vote Republican • The Murchison Letter • CA Republican Osgoodby writes British ambassador under an assumed name asking how to vote • UK Ambassador recommends Cleveland • Mobilizes Irish-American vote against Cleveland

  12. The Election of 2000 • Presidential Candidates • Albert Gore Jr.: Democrat from TN • George W. Bush: Republican from TX • Harry Browne: Libertarian from TN • Ralph Nader: Green Party from CT • Patrick Buchanan: Reform Party from VA • Howard Phillips: Constitution Party from VA • John Hagelin: Natural Law Party from IA • Electoral College Ballots • Bush • 271 votes • Gore • 268 votes • All others • 0 votes • The Controversy • Most states chose popular elections for electoral slates • Total “popular” votes: • Gore: 51,003,926 • Bush: 50,460,110 • Florida Electoral Laws require automatic recounts in case of slim margins • Four counties recounted continuously • Several lawsuits filed, most were rejected or withdrawn • Bush v. Gore: claims injury by Gore by insisting on Florida SC decision • Gore v. Bush: claims injury by Bush through lawsuit • Bush v. Florida: claims violation of Equal Protection of the Laws by Florida SC • Gore v. Florida: also claims violation of Equal Protection

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