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 provided in Article II, Section 1, Clause 3, by which the Electoral College originally functioned. The amendment was proposed by the 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 2000 United States presidential election was the 54th quadrennial presidential election, held on Tuesday, November 7, 2000. Republican candidate George W. Bush, the governor of Texas and eldest son of the 41st president, George H. W. Bush, won the election, defeating incumbent Vice President Al Gore. It was the fourth of five American presidential elections, and the first since 1888, in which the winning candidate lost the popular vote, and is considered one of the closest elections in US history, with longstanding controversy surrounding the ultimate results.
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 Electoral College is the group of presidential electors required by the Constitution to form every four years for the sole purpose of appointing the president and vice president. Each state and the District of Columbia appoints electors pursuant to the methods described by its legislature, equal in number to its congressional delegation. Federal office holders, including senators and representatives, 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.
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, convinced 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 for Bush, 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.
The 2000 United States presidential election recount in Florida was a period of vote recounting in Florida that occurred during the weeks after Election Day in the 2000 United States presidential election between George W. Bush and Al Gore. The Florida vote was ultimately settled in Bush's favor by a margin of 537 votes when the U.S. Supreme Court, in Bush v. Gore, stopped a recount that had been initiated upon a ruling by the Florida Supreme Court. Bush's win in Florida gave him a majority of votes in the Electoral College and victory in the presidential election.
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 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 candidate 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. As of June 2022, it has been adopted by fifteen states and the District of Columbia. These states have 195 electoral votes, which is 36% of the Electoral College and 72% of the 270 votes needed to give the compact legal force.
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 Burger as Chief Justice after the latter's retirement, and Rehnquist served as Chief Justice 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."
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 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 2 major candidates were Texas Governor George W. Bush of the Republican Party and sitting 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 Vice President Gore come out victorious with New Hampshire and its four electoral votes, he would have won the presidency, regardless of the outcome 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.
Equal Citizens is an American non-profit, non-partisan group that is "dedicated to reforms that will achieve citizen equality". It was founded in late 2016 by Harvard Law professor Lawrence Lessig to continue the effort to bring about the set of reforms he proposed during his 2016 presidential campaign. Notably, as its inaugural campaign, the group launched "Electors Trust" immediately after the 2016 general election. They did this to provide free and strictly confidential legal support to any elector who wished to vote their conscience. Working together with several other groups, such as the Hamilton Electors and celebrities, the campaign resulted in the largest number of "faithless" electoral votes ever cast in a single presidential election.
Chiafalo v. Washington, 591 U.S. ___ (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 8–0, 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 adding to procedures set out in the Constitution of the United States for the counting of electoral votes following a presidential election. The Act was enacted by Congress in 1887, ten years after the disputed 1876 presidential election, in which several states submitted competing slates of electors and a divided Congress was unable to resolve the deadlock for weeks. Close elections in 1880 and 1884 followed, and again raised the possibility that with no formally established counting procedure in place, partisans in Congress might use the counting process to force a desired result.
The independent state legislature theory or independent state legislature doctrine (ISL) 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 courts, governors, or other bodies with legislative power. Advocates of ISL ground their interpretation in the Elections and Electors Clauses of the U.S. Constitution. Where state legislatures enact laws that conflict with their state constitutions, including provisions added to those constitutions through ballot initiatives passed by a state's citizens, proponents of ISL believe that state legislation rather than state constitutions take precedence. They also argue that only the federal courts, not state courts, can resolve conflicts between state laws and state constitutions with respect to administration of federal elections within a state.
