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.
Presidential elections were held in the United States on November 7, 2000. Republican nominee Governor George W. Bush of Texas, the eldest son of 41st U.S. President George H. W. Bush, narrowly defeated incumbent Democratic Vice President Al Gore. It was the fourth of five U.S. presidential elections, and the first since 1888, in which the winning candidate lost the popular vote, and is considered one of the closest U.S. presidential elections in history, with long-standing controversy about the result. Gore conceded the election on December 13 after the Supreme Court issued its decision.
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. This 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.
Bush v. Gore, 531 U.S. 98 (2000), was a landmark decision of the United States Supreme Court on December 12, 2000, that settled a recount dispute in Florida's 2000 presidential election between George W. Bush and Al Gore. On December 8, the Florida Supreme Court had ordered a statewide recount of all undervotes, over 61,000 ballots that the vote tabulation machines had missed. The Bush campaign immediately asked the U.S. Supreme Court to stay the decision and halt the recount. Justice Antonin Scalia, contending that all the manual recounts being performed in Florida's counties were illegitimate, urged his colleagues to grant the stay immediately. On December 9, the five conservative justices on the Court granted the stay, with Scalia citing "irreparable harm" that could befall Bush, as the recounts would cast "a needless and unjustified cloud" over Bush's legitimacy. In dissent, Justice John Paul Stevens wrote that "counting every legally cast vote cannot constitute irreparable harm." Oral arguments were scheduled for December 11.
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.
The National Popular Vote Interstate Compact (NPVIC) is an agreement among a group of U.S. states and the District of Columbia to award all their electoral votes to whichever presidential ticket wins the overall popular vote in the 50 states and the District of Columbia. The compact is designed to ensure that the candidate who receives the most votes nationwide is elected president, and it would come into effect only when it would guarantee that outcome.
The Rehnquist Court was the period in the history of the Supreme Court of the United States during which William Rehnquist served as Chief Justice. Rehnquist succeeded Warren E. Burger as Chief Justice after the latter's retirement, and Rehnquist held this position until his death in 2005, at which point John Roberts was nominated and confirmed as Rehnquist's replacement. The Rehnquist Court is generally considered to be more conservative than the preceding Burger Court, but not as conservative as the succeeding Roberts Court. According to Jeffrey Rosen, Rehnquist combined an amiable nature with great organizational skill, and he "led a Court that put the brakes on some of the excesses of the Earl Warren era while keeping pace with the sentiments of a majority of the country."
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.
Bush v. Palm Beach County Canvassing Board, 531 U.S. 70 (2000), was a United States Supreme Court decision involving Florida voters during the 2000 presidential election. In this case, the U.S. Supreme Court requested clarification from the Florida Supreme Court regarding the decision it had made in Palm Beach County Canvassing Board v. Harris . Shortly after the Florida Supreme Court provided those clarifications on December 11, the U.S. Supreme Court resolved the election in favor of George W. Bush over Al Gore in the case of Bush v. Gore.
The 1892 United States presidential election in Michigan took place on November 8, 1892. All contemporary 44 states were part of the 1892 United States presidential election. Voters chose 14 electors to the Electoral College, which selected the president and vice president.
Chiafalo v. Washington, 591 U.S. 578 (2020), was a United States Supreme Court case on the issue of "faithless electors" in the Electoral College stemming from the 2016 United States presidential election. The Court ruled unanimously, by a vote of 9–0, that states have the ability to enforce an elector's pledge in presidential elections. Chiafalo deals with electors who received US$1,000 fines for not voting for the nominees of their party in the state of Washington. The case was originally consolidated with Colorado Department of State v. Baca, 591 U.S. ___ (2020), a similar case based on a challenge to a Colorado law providing for the removal and replacement of an elector who does not vote for the presidential candidate who received the most votes in the state, with the electors claiming they have discretion to vote as they choose under the Twelfth Amendment to the United States Constitution. On March 10, 2020, Justice Sonia Sotomayor recused herself in the Colorado case due to a prior relationship to a respondent, and the cases were decided separately on July 6, 2020. Baca was a per curiam decision that followed from the unanimous ruling in Chiafalo against the faithless electors and in favor of the state.
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 independent state legislature theory or independent state legislature doctrine (ISL) is a judicially rejected legal theory that posits that the Constitution of the United States delegates authority to regulate federal elections within a state to that state's elected lawmakers without any checks and balances from state constitutions, state courts, governors, ballot initiatives, or other bodies with legislative power. In June 2023, in the case Moore v. Harper, the Supreme Court ruled in a 6–3 decision that the Elections Clause of the U.S. Constitution does not give state legislatures sole power over elections and rejected the ISL.
Moore v. Harper, 600 U.S. 1 (2023), is a decision of the Supreme Court of the United States that rejected the independent state legislature theory (ISL), a theory that asserts state legislatures have sole authority to establish election laws for federal elections within their respective states without judicial review by state courts, without presentment to state governors, and without constraint by state constitutions. The case arose from the redistricting of North Carolina's districts by its legislature after the 2020 United States census, which the state courts found to be too artificial and partisan, and an extreme case of gerrymandering in favor of the Republican Party.
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.
