Article Two of the United States Constitution establishes the executive branch of the federal government, which carries out and enforces federal laws. Article Two vests the power of the executive branch in the office of the president of the United States, lays out the procedures for electing and removing the president, and establishes the president's powers and responsibilities.
The Twelfth Amendment to the United States Constitution provides the procedure for electing the president and vice president. It replaced the procedure in Article II, Section 1, Clause 3, under which the Electoral College originally functioned. The amendment was proposed by Congress on December 9, 1803, and was ratified by the requisite three-fourths of state legislatures on June 15, 1804. The new rules took effect for the 1804 presidential election and have governed all subsequent presidential elections.
The vice president of the United States (VPOTUS) is the second-highest officer in the executive branch of the U.S. federal government, after the president of the United States, and ranks first in the presidential line of succession. The vice president is also an officer in the legislative branch, as the president of the Senate. In this capacity, the vice president is empowered to preside over the United States Senate, but may not vote except to cast a tie-breaking vote. The vice president is indirectly elected together with the president to a four-year term of office by the people of the United States through the Electoral College. Since the passage of the Twenty-fifth Amendment to the US Constitution, the vice president may also be appointed by the president to fill a vacancy, via majority confirmation by both the Senate and the House.
The 1796 United States presidential election was the third quadrennial presidential election of the United States. It was held from Friday, November 4 to Wednesday, December 7, 1796. It was the first contested American presidential election, the first presidential election in which political parties played a dominant role, and the only presidential election in which a president and vice president were elected from opposing tickets. Incumbent vice president John Adams of the Federalist Party defeated former secretary of state Thomas Jefferson of the Democratic-Republican Party.
The 1972 United States presidential election was the 47th quadrennial presidential election held on Tuesday, November 7, 1972. Incumbent Republican president Richard Nixon defeated Democratic U.S. senator George McGovern in a historic-level landslide.
The Twenty-third Amendment to the United States Constitution extends the right to participate in presidential elections to the District of Columbia. The amendment grants to the district electors in the Electoral College, as though it were a state, though the district can never have more electors than the least-populous state. How the electors are appointed is to be determined by Congress. The Twenty-third Amendment was proposed by the 86th Congress on June 16, 1960; it was ratified by the requisite number of states on March 29, 1961.
The Twenty-fifth Amendment to the United States Constitution deals with presidential succession and disability.
An electoral college is a set of electors who are selected to elect a candidate to particular offices. Often these represent different organizations, political parties or entities, with each organization, political party or entity represented by a particular number of electors or with votes weighted in a particular way.
In the United States, the Electoral College is the group of presidential electors required by the Constitution to form every 4 years for the sole purpose of voting for the president and vice president. Each state appoints electors under the methods described by its legislature, equal in number to its congressional delegation. The federal District of Columbia also has 3 electors under an amendment adopted in 1961. Federal office holders, including senators and representatives, cannot be electors. Of the current 538 electors, a simple majority of 270 or more electoral votes is required to elect the president and vice president. If no candidate achieves a majority there, a contingent election is held by the House of Representatives to elect the president and by the Senate to elect the vice president.
Birch Evans Bayh Jr. was an American Democratic Party politician who served as U.S. Senator from Indiana from 1963 to 1981. He was first elected to office in 1954, when he won election to the Indiana House of Representatives; in 1958, he was elected Speaker, the youngest person to hold that office in the state's history. In 1962, he ran for the U.S. Senate, narrowly defeating incumbent Republican Homer E. Capehart. Shortly after entering the Senate, he became Chairman of the Subcommittee on Constitutional Amendments, and in that role authored two constitutional amendments: the Twenty-fifth—which establishes procedures for an orderly transition of power in the case of the death, disability, or resignation of the President of the United States—and the Twenty-sixth, which lowered the voting age to 18 throughout the United States. He is the first person since James Madison and only non–Founding Father to have authored more than one constitutional amendment. Bayh also led unsuccessful efforts to ratify the Equal Rights Amendment and eliminate the Electoral College.
The Electoral Commission, sometimes referred to as the Hayes-Tilden or Tilden-Hayes Electoral Commission, was a temporary body created by the United States Congress on January 29, 1877, to resolve the disputed United States presidential election of 1876. Democrat Samuel J. Tilden and Republican Rutherford B. Hayes were the main contenders in the election. Tilden won 184 undisputed electoral votes, one vote shy of the 185 needed to win, to Hayes' 165, with 20 electoral votes from four states unresolved. Both Tilden and Hayes electors submitted votes from these states, and each claimed victory.
Lloyd W. Bailey was a physician and ophthalmologist from Rocky Mount, North Carolina, who achieved notoriety as a faithless elector during the 1968 U.S. presidential election. On December 16, 1968, he became the 145th faithless elector in the history of the United States Electoral College. Because Bailey did not vote for Nixon, the candidate received 301 electoral votes instead of the expected 302 electoral votes. But Bailey's vote did not affect the outcome of the election, and Nixon was elected.
The president-elect of the United States is the candidate who has presumptively won the United States presidential election and is awaiting inauguration to become the president. There is no explicit indication in the U.S. Constitution as to when that person actually becomes president-elect, although the Twentieth Amendment uses the term "president-elect", thus giving the term "president-elect" constitutional justification. It is assumed the Congressional certification of votes cast by the Electoral College of the United States – occurring after the third day of January following the swearing-in of the new Congress, per provisions of the Twelfth Amendment – unambiguously confirms the successful candidate as the official "president-elect" under the U.S. Constitution. As an unofficial term, president-elect has been used by the media since at least the latter half of the 19th century, and was in use by politicians since at least the 1790s. Politicians and the media have applied the term to the projected winner, even on election night, and very few who turned out to have lost have been referred to as such.
The election of the president and the vice president of the United States is an indirect election in which citizens of the United States who are registered to vote in one of the fifty U.S. states or in Washington, D.C., cast ballots not directly for those offices, but instead for members of the Electoral College. These electors then cast direct votes, known as electoral votes, for president, and for vice president. The candidate who receives an absolute majority of electoral votes is then elected to that office. If no candidate receives an absolute majority of the votes for president, the House of Representatives elects the president; likewise if no one receives an absolute majority of the votes for vice president, then the Senate elects the vice president.
The 1861 Confederate States presidential election of November 6, 1861, was the first and only presidential election held under the Permanent Constitution of the Confederate States of America. Jefferson Davis, who had been elected president and Alexander H. Stephens, who had been elected vice president, under the Provisional Constitution, were elected to six-year terms that would have lasted from February 22, 1862, until February 22, 1868. But, both Davis and Stephens' offices were abolished on May 5, 1865, when the Confederate government dissolved, and so were unable to finish their terms.
In the United States, a contingent election is used to elect the president or vice president if no candidate receives a majority of the whole number of Electors appointed. A presidential contingent election is decided by a special vote of the United States House of Representatives, while a vice-presidential contingent election is decided by a vote of the United States Senate. During a contingent election in the House, each state delegation votes en bloc to choose the president instead of representatives voting individually. Senators, by contrast, cast votes individually for vice president.
The United States Electoral College was established by the U.S. Constitution, which was adopted in 1789, as part of the process for the indirect election of the President and Vice-President of the United States. The institution has been criticized since its establishment and a number of efforts have been made to reform the way it works or abolish it altogether. Any change would require a constitutional amendment. In 1971, one of these attempts was almost successful in being proposed to the States. An interstate compact proposal, which would bypass the requirement for a constitutional amendment, is at 76% of successful completion as of August 2023.
The Electoral Count Act of 1887 (ECA) is a United States federal law that added to procedures set out in the Constitution of the United States for the counting of electoral votes following a presidential election. In its unamended form, it last governed at the time of the 2021 United States Electoral College vote count. The Act has since been substantially amended by the Electoral Count Reform and Presidential Transition Improvement Act of 2022.
There is ongoing legal debate about the constitutionality of the National Popular Vote Interstate Compact in the United States. At issue are interpretations of the Compact Clause of Article I, Section X, and states' plenary power under the Presidential Electors Clause of Article II, Section I.
