| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
538 members of the Electoral College 270 electoral votes needed to win | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Objections made to the electoral college votes of the 2016 U.S. presidential election. No objections | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
2016 U.S. presidential election | |
---|---|
Republican Party | |
Democratic Party | |
Third parties | |
Related races | |
| |
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. Joe Biden was the first incumbent Vice President since Richard Nixon in 1961 to certify a presidential election who would later ran for the president and won in the subsequent election.
This event was notable due to the many faithless electors in the electoral college votes, and the many unsuccessful objections raised by Democratic members of the United States House of Representatives.
The United States Electoral College is the group of presidential electors required by the Constitution to form every four years for the sole purpose of electing the president and vice president. Each state appoints electors according to its legislature, equal in number to its congressional delegation (senators and representatives). Federal office holders cannot be electors. Of the current 538 electors, an absolute majority of 270 or more electoral votes is required to elect the president and vice president. If no candidate achieves an absolute majority there, a contingent election is held by the United States House of Representatives to elect the president, and by the United States Senate to elect the vice president.
Each state and the District of Columbia produces two documents to be forwarded to Congress, a certificate of ascertainment and a certificate of vote . A certificate of ascertainment is an official document that identifies the state's appointed College electors and the tally of the final popular vote count for each candidate in that state in a presidential election; the certificate of ascertainment is submitted after an election by the governor of each state to the archivist of the United States and others, in accordance with 3 U.S.C. §§ 6–14 and the Electoral Count Act. Within the United States' electoral system, the certificates "[represent] a crucial link between the popular vote and votes cast by electors". The certificates must bear the state seal and the governor's signature. Staff from the Office of the Federal Register ensure that each certificate contains all legally required information. When each state's appointed electors meet to vote (on the first Monday after the second Wednesday of December), they sign and record their vote on a certificate of vote, which are then paired with the certificate of ascertainment, which together are sent to be opened and counted by congress.
The 12th Amendment mandates Congress assemble in joint session to count the electoral votes and declare the winners of the election. The Electoral Count Act, a federal law passed in 1887, further established specific procedures for the counting of the electoral votes by the joint Congress. The session is ordinarily required to take place on January 6 in the calendar year immediately following the meetings of the presidential electors. Since the 20th Amendment, the newly elected joint Congress declares the winner of the election; all elections before 1936 were determined by the outgoing Congress.
A state's certificate of vote can be rejected only if both Houses of Congress, debating separately, vote to accept an objection by a majority in each House. If the objection is approved by both Houses, the state's votes are not included in the count. Individual votes can also be objected to, and are also not counted. If there are no objections or all objections are overruled, the presiding officer simply includes a state's votes, as declared in the certificate of vote, in the official tally. After the certificates from all states are read and the respective votes are counted, the presiding officer simply announces the final state of the vote. This announcement concludes the joint session and formalizes the recognition of the president-elect and of the vice president-elect. The senators then depart from the House chamber. The final tally is printed in the Senate and House journals.
In the 2016 United States presidential election, ten members of the Electoral College voted or attempted to vote for a candidate different from the ones to whom they were pledged. Three of these votes were invalidated under the faithless elector laws of their respective states, and the elector either subsequently voted for the pledged candidate or was replaced by someone who did. Although there had been a combined total of 155 instances of individual electors voting faithlessly prior to 2016 in over two centuries of previous US presidential elections, 2016 was the first election in over a hundred years in which multiple electors worked to alter the result of the election.
As a result of the seven successfully cast faithless votes, the Democratic Party nominee, Hillary Clinton, lost five of her pledged electors while the Republican Party nominee and then president-elect, Donald Trump, lost two. Three of the faithless electors voted for Colin Powell while John Kasich, Ron Paul, Bernie Sanders, and Faith Spotted Eagle each received one vote. The defections fell well short of the number needed to change the result of the election; only two of the seven defected from the winner, whereas 37 were needed to defect in order to force a contingent election in Congress (a tally of less than 270).
The faithless electors who opposed Donald Trump were part of a movement dubbed the "Hamilton Electors" co-founded by Micheal Baca of Colorado and Bret Chiafalo of Washington. The movement attempted to find 37 Republican electors willing to vote for a different Republican in an effort to deny Donald Trump a majority in the Electoral College and force a contingent election in the House of Representatives. The electors advocated for voting their conscience to prevent the election of someone they viewed as unfit for the presidency as prescribed by Alexander Hamilton in No. 68 of The Federalist Papers . Despite their stated intentions to defeat Donald Trump, these electors cast their votes for persons other than the candidate to whom they were pledged, Trump's opponent Hillary Clinton. By the time they switched their votes away from Trump's opponent, it was numerically impossible to achieve their stated goal as all but 30 of the Trump-pledged electoral votes had already been cast (in different states in the same or later time zones), with 37 votes needed to switch to deny Trump an outright victory in the Electoral College. Electors were subjected to public pressure, including threats of death if they remained faithful to voting for Trump. The Washington elector who voted for Spotted Eagle did so in protest of Clinton's support for the Dakota Access Pipeline; the vote made Spotted Eagle the first Native American to ever receive an Electoral College vote for president, as well as one of the first two women, along with Clinton, to receive one.
The seven validated faithless votes for president were the most to defect from presidential candidates who were still alive in electoral college history, surpassing the six electors who defected from James Madison in the 1808 election. This number of defections has been exceeded only once: in 1872, a record 63 of 66 electors who were originally pledged to losing candidate Horace Greeley cast their votes for someone else (Greeley had died between election day and the meeting of the Electoral College). The six faithless vice-presidential votes in 2016 are short of the record for that office, without considering whether the vice-presidential candidates were still living, as multiple previous elections have had more than six faithless vice-presidential votes; in 1836, faithless electors moved the vice-presidential decision to the US Senate, though this did not affect the outcome. ( Full article... )
A total of 10 state certificates were objected to by Democratic members of Congress, all of which were to states won by Donald Trump. Objections to the votes needed to be in writing and signed by both a member of the House and a member of the Senate. Every House member who rose to object did so without a senator's signature. Many of the objections were raised due to disputed claims of voter suppression and foreign interference. Then-Vice President Joe Biden presided over the count. Senators Amy Klobuchar and Roy Blunt were the tellers from the Senate, and Representatives Gregg Harper and Bob Brady were the tellers from the House.
At 1:09 PM, Representative Jim McGovern raised the first objection, objecting the certification of Alabama's electors. Biden dismissed the objection because it lacked the signature of a senator. Shortly after, members Jamie Raskin and Pramila Jayapal objected to electors from Florida and Georgia, respectively. After Barbara Lee objected to Michigan's electors, her microphone was turned off. Lee later objected to West Virginia's electors. Representative Sheila Jackson Lee made a total of four objections, objecting the certification of Mississippi's, North Carolina's (in which Raul Grijalva also objected), South Carolina's, and Wisconsin's electors. Each time an objection was raised, Biden noted that the objections could not be entertained due to the lack of a signature from a senator. During Wyoming's certification, which was the final state to be certified, Maxine Waters pleaded to the chamber, asking for a senator to sign her objection. No senator came forward, and the procedure finished at 1:41 PM, with a total of 304 certified electoral college votes for Donald Trump and 227 certified electoral college votes for Hillary Clinton. [1] [2]
State | Electoral votes | Winner | Faithless electors | Objection raised by |
---|---|---|---|---|
Alabama | 9 | Trump/Pence | None | Jim McGovern (D-MA-2) [2] |
Alaska | 3 | Trump/Pence | None | No Objections |
Arizona | 11 | Trump/Pence | None | No Objections |
Arkansas | 6 | Trump/Pence | None | No Objections |
California | 55 | Clinton/Kaine | None | No Objections |
Colorado | 9 | Clinton/Kaine | None | No Objections |
Connecticut | 7 | Clinton/Kaine | None | No Objections |
Delaware | 3 | Clinton/Kaine | None | No Objections |
District of Columbia | 3 | Clinton/Kaine | None | No Objections |
Florida | 29 | Trump/Pence | None | Jamie Raskin (D-MD-8) [2] |
Georgia | 16 | Trump/Pence | None | Pramila Jayapal (D-WA-7) [2] |
Hawaii | 4 | 3 for Clinton/Kaine | 1 for Bernie Sanders | No Objections |
Idaho | 4 | Trump/Pence | None | No Objections |
Illinois | 20 | Clinton/Kaine | None | No Objections |
Indiana | 11 | Trump/Pence | None | No Objections |
Iowa | 6 | Trump/Pence | None | No Objections |
Kansas | 6 | Trump/Pence | None | No Objections |
Kentucky | 8 | Trump/Pence | None | No Objections |
Louisiana | 8 | Trump/Pence | None | No Objections |
Maine | 4 | 3 for Clinton/Kaine 1 for Trump/Pence | None | No Objections |
Maryland | 10 | Clinton/Kaine | None | No Objections |
Massachusetts | 11 | Clinton/Kaine | None | No Objections |
Michigan | 16 | Trump/Pence | None | Barbara Lee (D-CA-13) [2] |
Minnesota | 10 | Clinton/Kaine | None | No Objections |
Mississippi | 6 | Trump/Pence | None | Sheila Jackson Lee (D-TX-18) [2] |
Missouri | 10 | Trump/Pence | None | No Objections |
Montana | 3 | Trump/Pence | None | No Objections |
Nebraska | 5 | Trump/Pence | None | No Objections |
Nevada | 6 | Clinton/Kaine | None | No Objections |
New Hampshire | 4 | Clinton/Kaine | None | No Objections |
New Jersey | 14 | Clinton/Kaine | None | No Objections |
New Mexico | 5 | Clinton/Kaine | None | No Objections |
New York | 29 | Clinton/Kaine | None | No Objections |
North Carolina | 15 | Trump/Pence | None | Raul Grijalva (D-AZ-3) [2] Sheila Jackson Lee (D-TX-18) [2] |
North Dakota | 3 | Trump/Pence | None | No Objections |
Ohio | 18 | Trump/Pence | None | No Objections |
Oklahoma | 7 | Trump/Pence | None | No Objections |
Oregon | 7 | Clinton/Kaine | None | No Objections |
Pennsylvania | 20 | Trump/Pence | None | No Objections |
Rhode Island | 4 | Clinton/Kaine | None | No Objections |
South Carolina | 9 | Trump/Pence | None | Sheila Jackson Lee (D-TX-18) [2] |
South Dakota | 3 | Trump/Pence | None | No Objections |
Tennessee | 11 | Trump/Pence | None | No Objections |
Texas | 38 | 36 for Trump/Pence | 1 for John Kasich 1 for Ron Paul | No Objections |
Utah | 6 | Trump/Pence | None | No Objections |
Vermont | 3 | Clinton/Kaine | None | No Objections |
Virginia | 13 | Clinton/Kaine | None | No Objections |
Washington | 12 | 8 for Clinton/Kaine | 3 for Colin Powell 1 for Faith Spotted Eagle | No Objections |
West Virginia | 5 | Trump/Pence | None | Barbara Lee (D-CA-13) [2] |
Wisconsin | 10 | Trump/Pence | None | Sheila Jackson Lee (D-TX-18) [2] |
Wyoming | 3 | Trump/Pence | None | Maxine Waters (D-CA-43) [2] |
*Maine awards electors by congressional district. Clinton won Maine at-large and Maine's first congressional district, while Trump won the second district.
Presidential elections were held in the United States from November 1 to December 6, 1820. Taking place at the height of the Era of Good Feelings, the election saw incumbent Democratic-Republican President James Monroe win reelection without a major opponent. It was the third and the most recent United States presidential election in which a presidential candidate ran effectively unopposed. James Monroe's re-election marked the first time in U.S. history that a third consecutive president won a second election.
In the United States, the Electoral College is the group of presidential electors that is formed every four years during the presidential election for the sole purpose of voting for the president and vice president. The process is described in Article Two of the Constitution. The number of electoral votes exercised by each state is equal to that state's congressional delegation which is the number of Senators (two) plus the number of Representatives for that state. Each state appoints electors using legal procedures determined by its legislature. Federal office holders, including senators and representatives, cannot be electors. Additionally, the Twenty-third Amendment granted the federal District of Columbia three electors. A simple majority of electoral votes is required to elect the president and vice president. If no candidate achieves a majority, a contingent election is held by the House of Representatives, to elect the president, and by the Senate, to elect the vice president.
In the United States Electoral College, a faithless elector is generally a party representative who does not have faith in the election result within their region and instead votes for another person for one or both offices, or abstains from voting. As part of United States presidential elections, each state legislates the method by which its electors are to be selected. Many states require electors to have pledged to vote for the candidates of their party if appointed. The consequences of an elector voting in a way inconsistent with their pledge vary from state to state.
A joint session of the United States Congress is a gathering of members of the two chambers of the bicameral legislature of the federal government of the United States: the Senate and the House of Representatives. Joint sessions can be held on any special occasion, but are required to be held when the president delivers a State of the Union address, when they gather to count and certify the votes of the Electoral College as the presidential election, or when they convene on the occasion of a presidential inauguration. A joint meeting is a ceremonial or formal occasion and does not perform any legislative function, and no resolution is proposed nor vote taken.
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", thereby giving the term constitutional basis. 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 lose have been referred to as such.
The election of the president and for 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 2000 United States presidential election in New Hampshire took place on Election Day on November 7, 2000, as part of the 2000 United States presidential election. The two major candidates were Texas Governor George W. Bush of the Republican Party and Vice President Al Gore of the Democratic Party. When all votes were tallied, Bush was declared the winner with a plurality of the vote over Gore, receiving 48% of the vote to Gore's 47%, while Green Party candidate Ralph Nader received almost 4% of the vote in the state. Bush went on to win the election nationwide. Had incumbent Gore come out victorious in New Hampshire with its four electoral votes, he would have won the presidency, regardless of the outcome of Bush v. Gore.
The 1996 United States presidential election in Georgia took place on November 5, 1996, as part of the 1996 United States presidential election. Voters chose 13 representatives, or electors to the Electoral College, who voted for president and vice president.
In the 2016 United States presidential election, ten members of the Electoral College voted or attempted to vote for a candidate different from the ones to whom they were pledged. Three of these votes were invalidated under the faithless elector laws of their respective states, and the elector either subsequently voted for the pledged candidate or was replaced by someone who did. Although there had been a combined total of 155 instances of individual electors voting faithlessly prior to 2016 in over two centuries of previous US presidential elections, 2016 was the first election in over a hundred years in which multiple electors worked to alter the result of the election.
The 2020 United States presidential election in Alabama took place on Tuesday, November 3, 2020, as part of the 2020 United States presidential election in which all 50 states and the District of Columbia participated. Alabama voters chose nine electors to represent them in the Electoral College via a popular vote pitting incumbent Republican President Donald Trump and his running mate, incumbent Vice President Mike Pence, against Democratic challenger and former Vice President Joe Biden and his running mate, United States Senator Kamala Harris of California. Also on the ballot was the Libertarian nominee, psychology lecturer Jo Jorgensen and her running mate, entrepreneur and podcaster Spike Cohen. Write-in candidates were permitted without registration, and their results were not individually counted.
The 2020 United States presidential election in Alaska took place on Tuesday, November 3, 2020, as part of the 2020 United States presidential election in which all 50 states and the District of Columbia participated. Alaska voters chose three electors to represent them in the Electoral College via a popular vote pitting incumbent Republican President Donald Trump and his running mate, incumbent Vice President Mike Pence, against Democratic challenger and former Vice President Joe Biden and his running mate, United States Senator Kamala Harris of California. The Libertarian, Green, Constitution, and Alliance Party nominees were also on the ballot, as was an Independent candidate.
The 2020 United States presidential election in Arkansas took place on Tuesday, November 3, 2020, as part of the 2020 United States presidential election in which all 50 states plus the District of Columbia participated. Arkansas voters chose six electors to represent them in the Electoral College via a popular vote putting incumbent Republican President Donald Trump and his running mate, incumbent Vice President Mike Pence, against Democratic challenger and former Vice President Joe Biden and his running mate, United States Senator Kamala Harris of California. Also on the ballot were the nominees for the Libertarian, Green, Constitution, American Solidarity, Life and Liberty, and Socialism and Liberation parties and Independent candidates. Write-in candidates are not allowed to participate in presidential elections.
The 2020 United States presidential election in California was held on Tuesday, November 3, 2020, as part of the 2020 United States presidential election in which all 50 states plus the District of Columbia participated. California voters chose electors to represent them in the Electoral College via a popular vote, pitting the Republican Party's nominee, incumbent President Donald Trump, and running mate Vice President Mike Pence against Democratic Party nominee, former Vice President Joe Biden, and his running mate Kamala Harris, the junior senator from California. In the 2020 election, California had 55 electoral votes in the Electoral College, the most of any state. Biden won by a wide margin, as was expected; however, California was one of six states where Trump received a larger percentage of the two-party vote than he did in 2016. This election also marked the first time since 2004 that the Republican candidate won more than one million votes in Los Angeles County due to increased turnout.
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 is criticized since its establishment and a number of efforts have been made to reform the way it works or abolish it. 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.
The count of the Electoral College ballots during a joint session of the 117th United States Congress, pursuant to the Electoral Count Act, on January 6–7, 2021, was the final step to confirm then President-elect Joe Biden's victory in the 2020 presidential election over President Donald Trump.
The 2024 United States presidential election in Louisiana was held on Tuesday, November 5, 2024, as part of the 2024 United States presidential election in which all 50 states plus the District of Columbia participated. Louisiana voters will choose electors to represent them in the Electoral College via a popular vote. The state of Louisiana has eight electoral votes in the Electoral College, following reapportionment due to the 2020 United States census in which the state neither gained nor lost a seat.
The count of the Electoral College ballots during a joint session of the 119th United States Congress, pursuant to the Electoral Count Act and Electoral Count Reform and Presidential Transition Improvement Act of 2022, on January 6, 2025, will be the final step to confirm President-elect Donald Trump's victory in the 2024 presidential election over Kamala Harris. Harris will be the first incumbent Vice President since Al Gore in 2001 to certify a presidential election that he or she was the presidential candidate and lost.