The Electoral College And Direct Election Of The President

Presents refutations of arguments in support of direct election of the president and, assembling supportive data on electoral and popular votes, argues for retention of the present electoral system.

A New Statesman Book of the Year “America’s greatest historian of democracy now offers an extraordinary history of the most bizarre aspect of our representative democracy—the electoral college...A brilliant contribution to a critical current debate.” —Lawrence Lessig, author of They Don’t Represent Us Every four years, millions of Americans wonder why they choose their presidents through an arcane institution that permits the loser of the popular vote to become president and narrows campaigns to swing states. Congress has tried on many occasions to alter or scuttle the Electoral College, and in this master class in American political history, a renowned Harvard professor explains its confounding persistence. After tracing the tangled origins of the Electoral College back to the Constitutional Convention, Alexander Keyssar outlines the constant stream of efforts since then to abolish or reform it. Why have they all failed? The complexity of the design and partisan one-upmanship have a lot to do with it, as do the difficulty of passing constitutional amendments and the South’s long history of restrictive voting laws. By revealing the reasons for past failures and showing how close we’ve come to abolishing the Electoral College, Keyssar offers encouragement to those hoping for change. “Conclusively demonstrates the absurdity of preserving an institution that has been so contentious throughout U.S. history and has not infrequently produced results that defied the popular will.” —Michael Kazin, The Nation “Rigorous and highly readable...shows how the electoral college has endured despite being reviled by statesmen from James Madison, Thomas Jefferson, and Andrew Jackson to Edward Kennedy, Bob Dole, and Gerald Ford.” —Lawrence Douglas, Times Literary Supplement

"Robert Alexander convincingly argues that presidential electors--long considered by many as inconsequential, if not benign--are a serious danger to the health of our representative democracy. In one of the first systematic studies of its kind, Alexander presents a theory of elector behavior that explains why electors will continue to plague the system unless we institute reform. This book is indispensable for a deeper understanding of the presidential electoral process." - Gary E. Bugh, Texas A&M University "Presidential Electors and the Electoral College is an eye opener. Robert Alexander's exhaustive research has revealed some surprising results about the arcane and, as some maintain, undemocratic Electoral College. The fact that many electors are lobbied to change their votes after the presidential election should serve as a warning that the Electoral College is a disaster waiting to happen--again." - Michael A. Genovese, Loyola Marymount University "Robert Alexander's Presidential Electors and the Electoral College is a valuable and much-needed examination of a long-neglected constitutional challenge. His analytical research is a serious contribution to our understanding of the Electoral College and its problems." - Thomas Cronin, Colorado College "Dr. Alexander has brought this very important history to life in a way that can help all of us look more carefully into the future. With lots of current public debate about the future of the Electoral College, this book provides a comprehensive and much-needed examination of one of the challenges that we have faced since the founding of our nation." - Mark Ritchie, Minnesota Secretary of State

When Americans vote for President and Vice President, they are actually choosing presidential electors, known collectively as the electoral college. It is these officials who choose the President and Vice President of the United States. The complex elements comprising the electoral college system are responsible for one of the most important processes of the American political and constitutional system: election of the President and Vice President. A failure to elect, or worse, the choice of a chief executive whose legitimacy might be open to question, could precipitate a profound constitutional crisis that would require prompt, judicious, and well-informed action by Congress. Article II, Section 1 of the Constitution, as amended in 1804 by the 12th Amendment, sets forth the requirements for election of the President and Vice President. It authorizes each state to appoint, by whatever means the legislature chooses, a number of electors equal to the combined total of its Senate and House of Representatives delegations, for a contemporary total of 538, including three electors for the District of Columbia. Since the Civil War, the states have universally provided for popular election of the presidential electors. Anyone may serve as an elector, except Members of Congress and persons holding offices of "Trust or Profit" under the Constitution. In each presidential election year, the political parties and other groups that have secured a place on the ballot in each state nominate a "slate" or "ticket" of candidates for elector. When voters cast a single vote for their favored candidates on general election day, Tuesday after the first Monday in November (November 6 in 2012), they are actually voting for the slate of electors pledged to those candidates. The entire slate of electors winning the most popular votes in the state is elected, a practice known as winner-take-all, or the general ticket system. Maine and Nebraska use an alternative method, the district plan, which awards two electors to the popular vote winners statewide, and one to the popular vote winners in each congressional district. Electors assemble in their respective states on the Monday after the second Wednesday in December (December 17 in 2012). They are expected to vote for the candidates they represent. Separate ballots are cast for President and Vice President, after which the electoral college ceases to exist until the next presidential election. State electoral vote results are reported to Congress and are counted and declared at a joint session of Congress, usually held on January 6 of the year succeeding the election, a date that may be altered by legislation. Since January 6 falls on a Sunday in 2013, Congress will likely set another date for the joint session in 2013, possibly January 8. A majority of electoral votes (currently 270 of 538) is required to win, but the results submitted by any state are open to challenge at the joint session, as provided by law. Past proposals for change by constitutional amendment have included various reform options and direct popular election, which would eliminate the electoral college system, but no substantive action on this issue has been taken in Congress for more than 20 years. At present, however, a non-governmental organization, the National Popular Vote (NPV) campaign, proposes to reform the electoral college by action taken at the state level; eight states and the District of Columbia have approved the NPV compact to date.