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 1788–89 United States presidential election was the first quadrennial presidential election. It was held from Monday, December 15, 1788, to Wednesday, January 7, 1789, under the new Constitution ratified that same year. George Washington was unanimously elected for the first of his two terms as president and John Adams became the first vice president. This was the only U.S. presidential election that spanned two calendar years without a contingent election and the first national presidential election in American history.
The 1792 United States presidential election was the second quadrennial presidential election. It was held from Friday, November 2, to Wednesday, December 5, 1792. Incumbent President George Washington was elected to a second term by a unanimous vote in the electoral college, while John Adams was re-elected as vice president. Washington was essentially unopposed, but Adams faced a competitive re-election against Governor George Clinton of New York.
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.
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. The United States has been the only democracy in the 21st century that still uses an electoral college to select its executive president. The other democracies that used an electoral college for these elections switched to direct elections in the 19th or 20th century.:215
In the United States, the Electoral College is the group of presidential electors required by the Constitution to form every four 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 totaling 535 electors. 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.
Election Day in the United States is the annual day for general elections of federal public officials. It is statutorily set by the U.S. government as "the Tuesday next after the first Monday in November", i.e. the Tuesday that occurs within November 2 to November 8.
In the United States Electoral College, a faithless elector is an elector who does not vote for the candidates for U.S. President and U.S. Vice President for whom the elector had pledged to vote, and instead votes for another person for one or both offices or abstains from voting. As part of United States presidential elections, each state selects the method by which its electors are to be selected, which in modern times has been based on a popular vote in most states, and generally requires its electors to have pledged to vote for the candidates of their party if appointed. A pledged elector is only considered a faithless elector by breaking their pledge; unpledged electors have no pledge to break. The consequences of an elector voting in a way inconsistent with their pledge vary from state to state.
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. Both Davis and Stephens' offices were abolished on May 5, 1865, when the Confederate government dissolved, however, and so were unable to finish their terms.
The 1960 presidential election in Hawaii was held on November 8, 1960, as part of the 1960 United States presidential election. This was the first presidential election in which Hawaii participated; the state had been admitted to the Union just over a year earlier. The islands favored Senator John F. Kennedy, a Democrat, by a narrow margin of 115 votes, or 0.06%, after a court-ordered recount overturned an initial result favoring Vice President Richard Nixon, a Republican. The result was considered an upset, as Nixon had been thought likely to win the state's electoral votes.
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 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.
In the United States, a certificate of ascertainment is an official document that identifies a state's appointed electors for U.S. President and Vice President, and the final vote count for each candidate that received popular votes.
The Eastman memos, also known as the "coup memo", are documents by John Eastman, an American law professor retained by then-President Donald Trump advancing the fringe legal theory that a U.S. Vice President has unilateral authority to reject certified State electors. This would have the effect of nullifying an election in order to produce an outcome personally desired by the Vice President, such as a result in the Vice President's own party's favor, including retaining himself as Vice President, or if the Vice President is himself the presidential candidate, then to unilaterally make himself president.
The count of the Electoral College ballots during a joint session of the 115th United States Congress, pursuant to the Electoral Count Act, on January 6, 2017, was the final step to confirm then-President-elect Donald Trump's victory in the 2016 presidential election over Hillary Clinton.