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 ranking office 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 at the same time as the president to a four-year term of office by the people of the United States through the Electoral College, but the electoral votes are cast separately for these two offices. Following the passage in 1967 of the Twenty-fifth Amendment to the US Constitution, a vacancy in the office of vice president may be filled by presidential nomination and confirmation by a majority vote in both houses of Congress.
The 1820 United States presidential election was the ninth quadrennial presidential election. It was held from Wednesday, November 1, to Wednesday, 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. As of 2024, this is the most recent presidential election where an incumbent president was re-elected who was neither a Democrat nor a Republican, before the Democratic-Republican party split into separate parties. James Monroe's re-election marked the first time in U.S. history that a third consecutive president won a second election. This happened again with Barack Obama's re-election in 2012, following Bill Clinton in 1996 and George W. Bush in 2004, which all three consecutive presidents won their re-election campaigns, which is the only other time any two-term presidents succeded another. Monroe is also the first candidate to receive over 200 electoral votes for president.
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.
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.
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 of America 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 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 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.
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 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 following is a timeline of major events before, during, and after the 2020 United States presidential election, the 59th quadrennial United States presidential election, from November 2020 to January 2021. For prior events, see Timeline of the 2020 United States presidential election (2017–2019) and Timeline of the 2020 United States presidential election.
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 President-elect Joe Biden's victory in the 2020 presidential election over President Donald Trump.
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.
The Trump fake electors plot was a scheme to submit illegitimate certificates of ascertainment to falsely claim U.S. president Donald Trump had won the electoral college vote in certain states, following Trump's loss in the 2020 United States presidential election. After the results of the 2020 election determined Trump had lost, the scheme was devised by him, his associates, and Republican Party officials in seven states, and it formed a part of Trump and his associates' attempts to overturn the 2020 United States presidential election. The intent of the scheme was to pass the illegitimate certificates to then-vice president Mike Pence in the hope he would count them, rather than the authentic certificates, and thus overturn Joe Biden's victory. This scheme was defended by a fringe legal theory developed by Trump attorneys Kenneth Chesebro and John Eastman, detailed in the Eastman memos, which claimed a vice president has the constitutional discretion to swap official electors with an alternate slate during the certification process, thus changing the outcome of the electoral college vote and the overall winner of the presidential race. The scheme came to be known as the Pence Card. By June 2024, dozens of Republican state officials and Trump associates had been indicted in four states for their alleged involvement. The federal Smith special counsel investigation is investigating Trump's role in the events. According to testimony Trump was aware of the fake electors scheme, and knew that Eastman's plan for Pence to obstruct the certification of electoral votes was a violation of the Electoral Count Act.
State of Wisconsin v. Kenneth Chesebro, et al. is a state criminal prosecution concerning the Trump fake electors plot in Wisconsin. The three defendants, Kenneth J. Chesebro,Michael A. Roman, and James R. Troupis, were lawyers and political aides to Donald Trump's 2020 presidential campaign involved in planning and producing fraudulent electoral vote paperwork as part of a plot to replace or nullify the official electoral votes of the state of Wisconsin in the 2020 presidential election. The three defendants are each charged with a single count of conspiracy to utter forged official documents as legitimate.
