Laws, rules, customs, practices in the U.S. "Electoral College"

Important note:  The use of the words "electoral" and "electors" in the Constitution is misleading because they imply the President is "elected."  In fact, a careful review of the provisions in the Constitution that describe this "electoral college" and how it works is more like the President being selected or chosen by a panel of "select men" similar to the trustees or commissioners of a village or town.  Both the Constitution and the Federalist Papers imply that the President was not intended to be a person motivated by political party loyalties or strong ideological views, but rather was supposed to be a professional administrator, like a town manager hired (not elected by the voters) by the elected "Board of Select Men" to manage the business-like functions of the town government in an efficient and constructive manner, including of course, enforcing the laws and ordinances.  Through the process of history and greater equality, the Board of Selectmen has become a Select Board or Selectboard, including women.  Are the "electors" in the Presidential Electoral College also women?  Again, a careful reading of the Constitution will reveal that there is no provision whatsoever suggesting that on the "ballot" cast by the "electors" for the President that the electors are bound by any considerations or loyalties other than their own personal judgment as to which candidate is the best qualified to hold the office.  The state legislatures are vested with the power to decide WHO shall be their state presidential electors, but NOT HOW (FOR WHOM) each elector shall cast their ballot.  Therefore, the acts of several state legislatures (listed below) intended to control how (for whom) their state electors shall vote are in conflict with the federal Constitution.  If no candidate receives a majority of the "electoral votes" cast by the electors (50%+), then the electoral college loses all control over the selection of the President and the state legislatures SELECT the President by a clearly NON-DEMOCRATIC method:  each state legislature, with the states varying greatly in population, gets to cast ONE vote.  Therefore, if this lack of majority "electors votes" occurred in 2020, the 26 smallest state legislatures could choose the President.  Or, the President would be chosen by the political party that controlled the most state legislatures, either 26 state legislatures or more.  Currently, 30 are controlled by the Republican Party.  There is a great deal of discomfort and controversy over why the framers of the Constitution invented this "electoral college" system for selection of the chief executive officer of the Executive Branch, but it is really clear that the Constitution DOES NOT describe the usual method of an "election" by citizen voters that applies to federal legislators, state legislators and state governors.  Opinion:  Our election practices are customs and traditions invented by the states and the two-party system, and not by the proper procedures of law or Constitutional amendment.  Little in our elections occurs as a matter of law; most of what occurs is a matter of habit.  The people alone have the power to improve our election practices by demanding election reforms be enacted by law.

 

State Legal Requirements or Regulation of Pledges

Electors in these States are bound by State Law and/or by their pledges to cast their vote for a specified candidate or party:

ALABAMA – Party Pledge / State Law – § 17-19-2

ALASKA – Party Pledge / State Law – § 15.30.040; 15.30.070

CALIFORNIA – State Law – § 6906

COLORADO – State Law – § 1-4-304

CONNECTICUT – State Law – § 9-175

DISTRICT OF COLUMBIA – DC Pledge / DC Law – § 1-1001.08(g)

FLORIDA – Party Pledge / State Law – § 103.021(1)

HAWAII – State Law – §§ 14-26 to 14-28

MAINE – State Law – § 805

MARYLAND – State Law – § 8-505

MASSACHUSETTS – Party Pledge / State Law – Ch. 53, § 8, Supp.

MICHIGAN – State Law – §168.47 (Violation cancels vote and Elector is replaced.)

MISSISSIPPI – Party Pledge / State Law – §23-15-785(3)

MONTANA – State Law – § 13-25-304

NEBRASKA – State Law – § 32-714

NEW MEXICO – State Law – § 1-15-5 to 1-15-9 (Violation is a fourth degree felony.)

NORTH CAROLINA – State Law – § 163-212 (Violation cancels vote; elector is replaced and is subject to $500 fine.)

OHIO – State Law – § 3505.40

OKLAHOMA – State Pledge / State Law – 26, §§ 10-102; 10-109 (Violation of oath is a misdemeanor, carrying a fine of up to $1000.)

OREGON – State Pledge / State Law – § 248.355

SOUTH CAROLINA – State Pledge / State Law – § 7-19-80 (Replacement and criminal sanctions for violation.)

VERMONT – State Law – title 17, § 2732

* VIRGINIA – State Law – § 24.1-162 (Virginia statute may be advisory –

“Shall be expected” to vote for nominees.)

WASHINGTON – Party Pledge / State Law – §§ 29.71.020, 29.71.040, Supp. ($1,000 fine.)

WISCONSIN – State Law – § 7.75

WYOMING – State Law – §§ 22-19-106; 22-19-108

 

ELECTORAL VOTERS BY STATE POPULATION:  (total 538)

270 electoral voters or more required to win the office of President

55        California

38        Texas

29        Florida

29        New York

20        Illinois

20        Pennsylvania

18        Ohio

16        Georgia

16        Michigan

15        North Carolina

14        New Jersey

 

NOTE:  11 larger states have 270 electoral voters, enough to elect the President.  39 smaller states -- plus DC -- have 268 electoral voters.    Original purposes of the Presidential Electoral College included the goal of preventing larger states from dominating selection or appointment of a President.

13        Virginia

12        Washington                (25)    

11        Arizona

11        Indiana           

11        Massachusetts

11        Tennessee                   (44)

10        Maryland

10        Minnesota

10        Missouri

10        Wisconsin                   (40)

9          Alabama

9          Colorado

9          South Carolina            (27)

8          Kentucky

8          Louisiana                    (16)

7          Connecticut

7          Oklahoma

7          Oregon                        (21)

6          Arkansas

6          Iowa

6          Kansas

6          Mississippi

6          Nevada

6          Utah                            (36)

5          Nebraska

5          New Mexico

5          West Virginia             (15)

4          Hawaii

4          Idaho

4          Maine

4          New Hampshire

4          Rhode Island               (20)

3          Alaska

3          Delaware

3          District of Columbia  * not a state

3          Montana

3          North Dakota

3          South Dakota

3          Vermont

3          Wyoming                    (24)     (268)