Editing United States Electoral College (section)

== Modern mechanics ==
[[File:Oregon Electors 2012.png|thumb|After the popular election in November, a state's [[Certificate of Ascertainment]] officially announces the state's electors for the Electoral College. The appointed Electoral College members later meet in the state capital in December to cast their votes.]]

=== Summary ===
Even though the aggregate national popular vote is calculated by state officials, media organizations, and the [[Federal Election Commission]], the people only [[Indirect election|indirectly elect]] the [[President of the United States|president]] and [[Vice President of the United States|vice president]]. The president and vice president of the United States are elected by the Electoral College, which consists of 538 electors from the fifty states and [[Washington, D.C.]] Electors are selected state-by-state, as determined by the laws of each state. Since the [[1824 United States presidential election|1824 election]], the majority of states have chosen their presidential electors based on [[Winner-takes-all voting|winner-take-all]] results in the statewide popular vote on [[Election Day (United States)|Election Day]].<ref name="FVWTA">{{cite web|last1=McCarthy|first1=Devin|title=How the Electoral College Became Winner-Take-All|url=http://www.fairvote.org/research-and-analysis/blog/how-the-electoral-college-became-winner-take-all/|website=Fairvote|access-date=November 22, 2014|archive-date=March 10, 2014|archive-url=http://webarchive.loc.gov/all/20140310172659/http%3A//www.fairvote.org/research%2Dand%2Danalysis/blog/how%2Dthe%2Delectoral%2Dcollege%2Dbecame%2Dwinner%2Dtake%2Dall/|url-status=dead}}</ref>

{{as of|2020}}, [[Maine]] and [[Nebraska]] are exceptions as both use the [[#Congressional district method|congressional district method]], Maine since 1972 and in Nebraska since 1992.<ref name="ecollege" /> In most states, the popular vote [[ballot]]s list the names of the presidential and vice presidential candidates (who run on a [[Ticket (election)|ticket]]). The slate of electors that represent the winning ticket will vote for those two offices. Electors are nominated by the party and, usually, they vote for the ticket to which are promised.<ref>{{Cite web |date=2020-11-11|title=The Electoral College |url=https://www.ncsl.org/research/elections-and-campaigns/the-electoral-college.aspx |access-date=2020-11-15 |website=National Conference of State Legislatures}}</ref>{{Primary source inline|date=February 2024}}

Many states require an elector to vote for the candidate to which the elector is pledged, but some "faithless electors" have voted for other candidates or refrained from voting. A candidate must receive an [[absolute majority]] of electoral votes (currently 270) to win the presidency or the vice presidency. If no candidate receives a majority in the election for president or vice president, the election is determined via a [[#Contingencies|contingency procedure]] established by the [[Twelfth Amendment to the United States Constitution|Twelfth Amendment]]. In such a situation, the House chooses one of the top three presidential electoral vote winners as the president, while the Senate chooses one of the top two vice presidential electoral vote winners as vice president.
{{Clear}}

=== Electors ===
==== Apportionment ====
{{further|United States congressional apportionment}}
[[File:US 2020 Census State Population Per Electoral Vote.png|thumb|upright=1.4|The population per electoral vote for each state and Washington, D.C., 2020 census. A single elector could represent more than 700,000 people, or under 200,000.]]

A state's number of electors equals the number of representatives plus two electors for the senators the state has in the [[United States Congress]].<ref>The present allotment of electors by state is shown in the ''Electoral vote distribution'' section.</ref><ref>The number of electors allocated to each state is based on [[Article Two of the United States Constitution|Article II, Section 1, Clause 2]] of the Constitution, subject to being reduced pursuant to [[Fourteenth Amendment to the United States Constitution#Apportionment of representation in House of Representatives|Section{{nbsp}}2 of the Fourteenth Amendment]].</ref> Each state is entitled to at least one representative, the remaining number of representatives per state is [[United States congressional apportionment|apportioned]] based on their respective populations, determined every ten years by the [[United States census]]. In summary, 153 electors are divided equally among the states and the District of Columbia (3 each), and the remaining 385 are assigned by an apportionment among states.<ref>[https://www2.census.gov/programs-surveys/decennial/2020/data/apportionment/apportionment-2020-tableC2.pdf Table C2. Apportionment Population and Number of Seats in U.S. House of Representatives by State: 1910 to 2020] U.S. 2020 Census.</ref>{{Primary source inline|date=February 2024}}

Under the [[Twenty-third Amendment to the United States Constitution|Twenty-third Amendment]], [[Washington, D.C.]], is allocated as many electors as it would have if it were a state but no more electors than the least populous state. Because the least populous state ([[Wyoming]], in the 2020 census) has three electors, D.C. cannot have more than three electors. Even if D.C. were a state, its population would entitle it to only three electors. Based on its population per electoral vote, D.C. has the third highest per capita Electoral College representation, after Wyoming and Vermont.<ref>[https://www2.census.gov/programs-surveys/decennial/2020/data/apportionment/apportionment-2020-table01.pdf Table 1. Apportionment Population and Number of Representatives by State] U.S. 2020 Census.</ref>{{Primary source inline|date=February 2024}}

Currently, there are 538 electors, based on 435 representatives, 100 senators from the fifty states and three electors from Washington, D.C. The six states with the most electors are [[California]] (54), [[Texas]] (40), [[Florida]] (30), [[New York (state)|New York]] (28), [[Illinois]] (19), and [[Pennsylvania]] (19). The District of Columbia and the six least populous states—[[Alaska]], [[Delaware]], [[North Dakota]], [[South Dakota]], [[Vermont]], and [[Wyoming]]—have three electors each.<ref>[https://www.archives.gov/electoral-college/allocation Distribution of Electoral Votes] U.S. National Archives.</ref>{{Primary source inline|date=February 2024}}

==== Nominations ====
The custom of allowing recognized [[Political parties in the United States|political parties]] to select a [[Slate (elections)|slate]] of prospective electors developed early. In contemporary practice, each [[Ticket (election)|presidential-vice presidential ticket]] has an associated slate of potential electors. Then on Election Day, the voters select a ticket and thereby select the associated electors.<ref name=CRS2017THN/>

Candidates for elector are nominated by state chapters of nationally oriented political parties in the months prior to [[Election Day (United States)|Election Day]]. In some states, the electors are nominated by voters in primaries the same way other presidential candidates are nominated. In some states, such as [[Oklahoma]], [[Virginia]], and [[North Carolina]], electors are nominated in party conventions. In [[Pennsylvania]], the campaign committee of each candidate names their respective electoral college candidates, an attempt to discourage [[faithless elector]]s. Varying by state, electors may also be elected by state legislatures or appointed by the parties themselves.<ref>{{Cite web |date=October 25, 2016 |title=How is the president elected? Here is a basic guide to the electoral college system |url=https://www.rawstory.com/2016/10/how-is-the-president-elected-here-is-a-basic-guide-to-the-electoral-college-system/ |website=[[Raw Story]]}}</ref>{{Unreliable fringe source|date=February 2024}}

==== Selection process ====
[[Article Two of the United States Constitution#Clause 2: Method of choosing electors|Article II, Section 1, Clause 2]] of the Constitution requires each state legislature to determine how electors for the state are to be chosen, but it disqualifies any person holding an Office of Trust or Profit under the United States, from being an elector.<ref>{{cite news|url=http://www.edisonresearch.com/home/archives/ClevelandPlainDealer10-29-2004.pdf|archive-url=https://web.archive.org/web/20110710171414/http://www.edisonresearch.com/home/archives/ClevelandPlainDealer10-29-2004.pdf|archive-date=July 10, 2011|title=Brown learns he can't serve as Kerry elector, steps down|publisher=Cleveland Plain Dealer (reprint at Edison Research)|author=Sabrina Eaton|date=October 29, 2004|access-date=January 3, 2008}}</ref> Under [[Fourteenth Amendment to the United States Constitution#Participants in rebellion|Section{{nbsp}}3 of the Fourteenth Amendment]], any person who has sworn an [[oath]] to support the United States Constitution in order to hold either a state or federal office, and later rebelled against the United States directly or by giving assistance to those doing so, is disqualified from being an elector. Congress may remove this disqualification by a two-thirds vote in each house.

All states currently choose presidential electors by popular vote. As of 2020, eight states{{Efn|Arizona, Idaho, Louisiana, North Dakota, Oklahoma, Rhode Island, South Dakota, Tennessee|name=|group=}} name the electors on the ballot. Mostly, the "short ballot" is used. The short ballot displays the names of the candidates for president and vice president, rather than the names of prospective electors.<ref>{{cite book|author=Darrell J. Kozlowski|title=Federalism|url=https://books.google.com/books?id=KR7VxjvSod8C|year=2010|publisher=Infobase Publishing|isbn=978-1-60413-218-2|pages=[https://books.google.com/books?id=KR7VxjvSod8C&pg=PA33 33–34]}}</ref> Some states support voting for [[write-in candidate]]s. Those that do may require pre-registration of write-in candidacy, with designation of electors being done at that time.<ref>{{cite web |title=Write-in Votes |url=https://www.electoral-vote.com/evp2020/Feature_stories/write-ins.html |access-date=August 3, 2020 |website=[[electoral-vote.com]]}}</ref><ref>{{cite news|url=https://www.washingtonpost.com/graphics/politics/2016-election/write-in-votes/|title= Planning to write in Paul Ryan or Bernie Sanders? It won't count in most states.|date=November 3, 2015|newspaper=The Washington Post}}</ref> Since 1992, all but two states have followed the {{nowrap|[[Plurality voting|winner takes all]]}} method of allocating electors by which every person named on the slate for the ticket winning the statewide popular vote are named as presidential electors.<ref name=fairvote20180801 /><ref>{{cite web|title=About the Electors|url=https://www.archives.gov/federal-register/electoral-college/electors.html|work=U.S. Electoral College|publisher=[[National Archives and Records Administration]]|location=Washington, D.C.|access-date=August 2, 2018}}</ref>

[[Maine]] and [[Nebraska]] are the only states not using this method.<ref name="ecollege">{{Cite web|url=http://archive.fairvote.org/e_college/me_ne.htm|title=The Electoral College – Maine and Nebraska|publisher=FairVote|access-date=November 16, 2011|archive-date=October 12, 2011|archive-url=https://web.archive.org/web/20111012191923/http://archive.fairvote.org/e_college/me_ne.htm|url-status=dead}}</ref> In those states, the winner of the popular vote in each of its [[List of United States congressional districts|congressional districts]] is awarded one elector, and the winner of the statewide vote is then awarded the state's remaining two electors.<ref name=fairvote20180801>{{cite web|title=Maine & Nebraska|url=http://www.fairvote.org/maine_nebraska|website=FairVote|location=Takoma Park, Maryland|access-date=August 1, 2018|archive-date=August 2, 2018|archive-url=https://web.archive.org/web/20180802041058/http://www.fairvote.org/maine_nebraska|url-status=dead}}</ref><ref>{{cite web |title=Split Electoral Votes in Maine and Nebraska |url=https://www.270towin.com/content/split-electoral-votes-maine-and-nebraska/ |access-date=August 1, 2018 |website=[[270 to Win]] |publisher=}}</ref> This method has been used in Maine since 1972 and in Nebraska since 1992. The [[Supreme Court of the United States|Supreme Court]] previously upheld the power for a state to choose electors on the basis of congressional districts, holding that states possess [[plenary power]] to decide how electors are appointed in ''[[McPherson v. Blacker]]'', {{ussc|146|1|1892}}.

The Tuesday following the first Monday in November has been fixed as the day for holding federal elections, called the [[Election Day (United States)|Election Day]].<ref>{{UnitedStatesCode|3|1}} A uniform national date for presidential elections was not set until 1845, although the Congress always had constitutional authority to do so. — Kimberling, William C. (1992) [http://www.fec.gov/pdf/eleccoll.pdf ''The Electoral College'', p. 7]</ref> After the election, each state prepares seven Certificates of Ascertainment, each listing the candidates for president and vice president, their pledged electors, and the total votes each candidacy received.<ref name="electcollinstr">{{cite web|publisher=National Archives and Records Administration|title=Electoral College Instructions to State Officials|url=https://www.archives.gov/federal-register/electoral-college/resources/state-officials-instructions.pdf|access-date=January 22, 2014}}</ref>{{Primary source inline|date=February 2024}} One certificate is sent, as soon after Election Day as practicable, to the [[Archivist of the United States|National Archivist]] in Washington. The Certificates of Ascertainment are mandated to carry the state seal and the signature of the governor, or [[Mayor of the District of Columbia|mayor]] of D.C.<ref>[https://web.archive.org/web/20160305010723/http://www.archives.gov/federal-register/electoral-college/2012-certificates/pdfs/ascertainment-washington-dc.pdf District of Columbia Certificate of Ascertainment] (archived from [https://www.archives.gov/federal-register/electoral-college/2012-certificates/pdfs/ascertainment-washington-dc.pdf the original] on 2006-03-05)</ref>{{Primary source inline|date=February 2024}}

==== Meetings ====
[[File:A certificate for the electoral vote for Rutherford B. Hayes and William A. Wheeler for the State of Louisiana dated 1876 part 6.jpg|thumb|When a state's electors meet in December, they cast their ballots and record their vote on a Certificate of Vote, which is then sent to the U.S. Congress. The certificate shown is from the 1876 election.]]
{{external media
| float  = right
| image1 = [https://www.reuters.com/news/picture/us-electoral-college-formally-confirms-j-idUSRTX8G4HR A 2020 Pennsylvania elector holds a ballot for Joe Biden] (Biden's name is handwritten on the blank line). ''Reuters''. December 14, 2020.
| image2 = [https://www.newyorker.com/news/daily-comment/the-outdated-law-that-republicans-could-use-to-upend-the-electoral-college-vote-next-time A closeup of the 2020 Georgia Electoral College ballot for Kamala Harris] (using a format in which Harris's name is checked on the pre-printed card). ''The New Yorker''. December 18, 2020.
| video1 = [https://www.youtube.com/watch?v=83zDGB5oceg 2020 California State Electoral College meeting], YouTube video. ''Reuters''. December 14, 2020.
}}

The Electoral College never meets as one body. Electors meet in their respective [[List of capitals in the United States#State capitals|state capitals]] (electors for the District of Columbia meet within the District) on the same day (set by Congress as the Tuesday after the second Wednesday in December) at which time they cast their electoral votes on separate ballots for president and vice president.<ref>{{cite web|url=http://caselaw.lp.findlaw.com/data/constitution/amendment12/|title=Twelfth Amendment|work=[[FindLaw]]|access-date=August 26, 2010}}</ref><ref>{{cite web|url=http://caselaw.lp.findlaw.com/data/constitution/amendment23/|title=Twenty-third Amendment|work=[[FindLaw]]|access-date=August 26, 2010}}</ref><ref>{{cite web|url=http://codes.lp.findlaw.com/uscode/3/1/7|title=U.S.C. §&nbsp;7 : US Code – Section 7: Meeting and vote of electors|work=[[FindLaw]]|access-date=August 26, 2010}}</ref>{{Primary source inline|date=February 2024}}<ref name="electoral2022"/>

Although procedures in each state vary slightly, the electors generally follow a similar series of steps, {{citation needed span|and the Congress has constitutional authority to regulate the procedures the states follow.|date=March 2021}} The meeting is opened by the election certification official—often that state's [[Secretary of state (U.S. state government)|secretary of state]] or equivalent—who reads the [[certificate of ascertainment]]. This document sets forth who was chosen to cast the electoral votes. The attendance of the electors is taken and any vacancies are noted in writing. The next step is the selection of a president or chairman of the meeting, sometimes also with a vice chairman. The electors sometimes choose a secretary, often not an elector, to take the minutes of the meeting. In many states, political officials give short speeches at this point in the proceedings.{{Primary source inline|date=February 2024}}

When the time for balloting arrives, the electors choose one or two people to act as tellers. Some states provide for the placing in nomination of a candidate to receive the electoral votes (the candidate for president of the political party of the electors). Each elector submits a written ballot with the name of a candidate for president. Ballot formats vary between the states: in [[New Jersey]] for example, the electors cast ballots by checking the name of the candidate on a pre-printed card. In [[North Carolina]], the electors write the name of the candidate on a blank card. The tellers count the ballots and announce the result. The next step is the casting of the vote for vice president, which follows a similar pattern.{{Primary source inline|date=February 2024}}

Under the Electoral Count Act (updated and codified in {{usc|3|9}}), each state's electors must complete six certificates of vote. Each Certificate of Vote (or ''Certificate of the Vote'') must be signed by all of the electors and a certificate of ascertainment must be attached to each of the certificates of vote. Each Certificate of Vote must include the names of those who received an electoral vote for either the office of president or of vice president. The electors certify the Certificates of Vote, and copies of the certificates are then sent in the following fashion:<ref>{{cite web|url=https://www.archives.gov/federal-register/electoral-college/state_responsibilities.html#vote|title=U.S. Electoral College – For State Officials|publisher=National Archives and Records Administration|access-date=November 7, 2012|url-status=dead|archive-url=https://web.archive.org/web/20121025053914/http://www.archives.gov/federal-register/electoral-college/state_responsibilities.html#vote|archive-date=October 25, 2012|df=mdy-all}}</ref>{{Primary source inline|date=February 2024}}
* One is sent by [[registered mail]] to the [[President of the Senate]] (who usually is the incumbent [[vice president of the United States]]);
* Two are sent by registered mail to the [[Archivist of the United States]];
* Two are sent to the [[Secretary of state (U.S. state government)|state's secretary of state]]; and
* One is sent to the chief judge of the [[United States district court]] where those electors met.

A staff member of the president of the Senate collects the certificates of vote as they arrive and prepares them for the joint session of the Congress. The certificates are arranged—unopened—in alphabetical order and placed in two special mahogany boxes. [[Alabama]] through [[Missouri]] (including the [[District of Columbia]]) are placed in one box and [[Montana]] through [[Wyoming]] are placed in the other box.<ref>{{cite web|url=https://www.nbcnews.com/id/wbna28555802|title=Congress meets to count electoral votes|agency=[[Associated Press]]|date=January 9, 2009|website=[[NBC News]]|access-date=April 5, 2012}}</ref>

Before 1950, the [[United States Secretary of State|Secretary of State]]'s office oversaw the certifications. Since then, the Office of Federal Register in the Archivist's office reviews them to make sure the documents sent to the archive and Congress match, and that all formalities have been followed, sometimes requiring states to correct the documents.<ref name=Zak/>

==== Faithless electors ====
{{main|Faithless elector}}

An elector votes for each office, but at least one of these votes (president or vice president) must be cast for a person who is not a resident of the same state as that elector.<ref>{{cite book|last=Kuroda|first=Tadahisa|year=1994|title=The Origins of the Twelfth Amendment: The Electoral College in the Early Republic, 1787–1804|publisher=Greenwood|isbn=978-0-313-29151-7|page=168}}</ref> A "faithless elector" is one who does not cast an electoral vote for the candidate of the party for whom that elector pledged to vote. Faithless electors are comparatively rare because electors are generally chosen among those who are already personally committed to a party and party's candidate.<ref>{{Cite news |last=Johnson |first=Linda S. |date=November 2, 2020 |title=Electors seldom go rogue in casting a state's votes for president |language=en-US |url=https://www.king5.com/article/news/verify/verify-faithless-electors-rare/507-8f5e13fb-2dc8-4ad3-93b0-c2c4b31ffebe |access-date=2020-11-09}}</ref>

Thirty-three [[U.S. state|states]] plus the [[District of Columbia]] have laws against faithless electors,<ref>{{cite web|title=Faithless Elector State Laws|url=https://www.fairvote.org/faithless_elector_state_laws|website=Fair Vote|access-date=July 25, 2020}}</ref> which were first enforced after the 2016 election, where [[Faithless electors in the 2016 United States presidential election|ten electors voted or attempted to vote contrary]] to their pledges. Faithless electors have never changed the outcome of a U.S. election for president. Altogether, 23,529 electors have taken part in the Electoral College as of the 2016 election. Only 165 electors have cast votes for someone other than their party's nominee. Of that group, 71 did so because the nominee had died{{snd}}63 Democratic Party electors in [[1872 United States presidential election|1872]], when presidential nominee [[Horace Greeley]] died; and eight Republican Party electors in [[1912 United States presidential election|1912]], when vice presidential nominee [[James S. Sherman]] died.<ref>{{cite web|title=Faithless Electors|last=Penrose|first=Drew|date=March 19, 2020|url=https://www.fairvote.org/faithless_electors|website=Fair Vote|access-date=March 19, 2020|archive-date=February 9, 2021|archive-url=https://web.archive.org/web/20210209184600/https://www.fairvote.org/faithless_electors|url-status=dead}}</ref>

While faithless electors have never changed the outcome of any presidential election, there are two occasions where the vice presidential election has been influenced by faithless electors:
* In the [[1796 United States presidential election|1796 election]], 18 electors pledged to the Federalist Party ticket cast their first vote as pledged for John Adams, electing him president, but did not cast their second vote for his running mate Thomas Pinckney. As a result, Adams attained 71 electoral votes, Jefferson received 68, and Pinckney received 59, meaning Jefferson, rather than Pinckney, became vice president.<ref>Chernow, Ron. Alexander Hamilton. New York: Penguin, 2004. p. 514.</ref>
* In the [[1836 United States presidential election|1836 election]], Virginia's 23 electors, who were pledged to [[Richard Mentor Johnson]], voted instead for former U.S. senator [[William Smith (South Carolina senator)|William Smith]], which left Johnson one vote short of the majority needed to be elected. In accordance with the Twelfth Amendment, a contingent election was held in the Senate between the top two receivers of electoral votes, Johnson and [[Francis Granger]], for vice president, with Johnson being elected on the first ballot.<ref name=SB12192016NCC>{{cite web|last=Bomboy|first=Scott|title=The one election where Faithless Electors made a difference|date=December 19, 2016|url=https://constitutioncenter.org/blog/the-one-election-where-faithless-electors-made-a-difference|work=Constitution Daily|publisher=National Constitution Center|location=Philadelphia, Pennsylvania|access-date=March 17, 2020}}</ref>
Some constitutional scholars argued that state restrictions would be struck down if challenged based on Article II and the Twelfth Amendment.<ref>{{cite news|url=https://www.washingtonpost.com/national/qanda-electors-almost-always-follow-the-vote-in-their-state/2016/11/19/946f3906-ae76-11e6-8f19-21a1c65d2043_story.html|title=Q&A: Electors almost always follow the vote in their state|last=Barrow|first=Bill|date=November 19, 2016|newspaper=The Washington Post|access-date=November 19, 2016|archive-date=November 20, 2016|archive-url=https://web.archive.org/web/20161120011352/https://www.washingtonpost.com/national/qanda-electors-almost-always-follow-the-vote-in-their-state/2016/11/19/946f3906-ae76-11e6-8f19-21a1c65d2043_story.html|url-status=dead}}</ref> However, the [[Supreme Court of the United States|United States Supreme Court]] has consistently ruled that state restrictions are allowed under the Constitution. In ''[[Ray v. Blair]]'', {{ussc|343|214|1952}}, the court ruled in favor of state laws requiring electors to pledge to vote for the winning candidate, as well as removing electors who refuse to pledge. As stated in the ruling, electors are acting as a functionary of the state, not the federal government. In ''[[Chiafalo v. Washington]]'', [https://www.supremecourt.gov/opinions/19pdf/19-465_i425.pdf 591 U.S. ___] (2020), and a related case, the court held that electors must vote in accord with their state's laws.<ref>{{Cite news|date=July 6, 2020|url=https://www.nbcnews.com/politics/supreme-court/supreme-court-rules-faithless-electors-can-t-go-rogue-electoral-n1231394|title=Supreme Court rules 'faithless electors' can't go rogue at Electoral College|website=NBC News|last=Williams|first=Pete|access-date=July 6, 2020}}</ref><ref>{{Cite news|last=Howe|first=Amy|date=July 6, 2020|title=Opinion analysis: Court upholds 'faithless elector' laws|work=SCOTUSblog|url=https://www.scotusblog.com/2020/07/opinion-analysis-court-upholds-faithless-elector-laws/|access-date=July 6, 2020}}</ref> Faithless electors also may face censure from their political party, as they are usually chosen based on their perceived party loyalty.<ref>{{Cite web|last=Guzmán|first=Natasha|date=October 22, 2016|title=How Are Electors Selected For The Electoral College? This Historic Election Process Decides The Winner|url=https://www.bustle.com/articles/191061-how-are-electors-selected-for-the-electoral-college-this-historic-election-process-decides-the-winner|access-date=July 6, 2020|website=Bustle}}</ref>

=== Joint session of Congress ===
{{main|Electoral Count Act|Electoral Count Reform and Presidential Transition Improvement Act}}
{{external media
| float  = right
| video1 = [https://www.youtube.com/watch?v=9foQYGJ8Ug8 A joint session of Congress confirms the 2020 electoral college results], YouTube video. Global News. January 6, 2021.
}}
The [[Twelfth Amendment to the United States Constitution|Twelfth Amendment]] mandates Congress assemble in [[Joint session of the United States Congress|joint session]] to count the electoral votes and declare the winners of the election.<ref>"The President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates and the votes shall then be counted." [https://www.archives.gov/national-archives-experience/charters/constitution_amendments_11-27.html ''Constitution of the United States: Amendments 11–27''], National Archives and Records Administration.</ref> The session is ordinarily required to take place on January{{nbsp}}6 in the calendar year immediately following the meetings of the presidential electors.<ref name="3USC15">{{usc|3|15}}, ''Counting electoral votes in Congress''.</ref> Since the [[Twentieth Amendment to the United States Constitution|Twentieth Amendment]], the newly elected joint Congress declares the winner of the election. All elections before [[1936 United States presidential election|1936]] were determined by the outgoing House.

The [[Office of the Federal Register]] is charged with administering the Electoral College.<ref name="Zak"/> The meeting is held at 1{{nbsp}}p.m. in the chamber of the U.S. House of Representatives.<ref name="3USC15" /> The sitting vice president is expected to preside, but in several cases the [[President pro tempore of the United States Senate|president ''pro tempore'' of the Senate]] has chaired the proceedings. The vice president and the [[Speaker of the United States House of Representatives|speaker of the House]] sit at the podium, with the vice president sitting to the right of the speaker of the House. Senate pages bring in two mahogany boxes containing each state's certified vote and place them on tables in front of the senators and representatives. Each house appoints two tellers to count the vote, normally one member of each political party. Relevant portions of the certificate of vote are read for each state, in alphabetical order.

Before [[Electoral Count Reform and Presidential Transition Improvement Act of 2022|an amendment]] to the law in 2022, members of Congress could object to any state's vote count, provided objection is presented in writing and is signed by at least one member of each house of Congress. In 2022, the number of members required to make an objection was raised to one-fifth of each house. An appropriately made objection is followed by the suspension of the joint session and by separate debates and votes in each house of Congress. After both houses deliberate on the objection, the joint session is resumed.

A state's certificate of vote can be rejected only if both houses of Congress vote to accept the objection via a simple majority,<ref>{{Cite web|date=2020-12-15|title=EXPLAINER: How Congress will count Electoral College votes|url=https://apnews.com/article/congress-count-electoral-college-vote-5605532631a251ac8f902d1d1ca55428|access-date=2020-12-19|website=AP NEWS}}</ref> meaning the votes from the state in question are not counted. Individual votes can also be rejected, 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.

==== Historical objections and rejections ====
Objections to the electoral vote count are rarely raised, although it has occurred a few times.
* In [[1864 United States presidential election|1864]], all votes from Louisiana and Tennessee were rejected because of the [[American Civil War]].
* In [[1872 United States presidential election#Disputed votes|1872]], all votes from Arkansas and Louisiana plus three of the eleven electoral votes from Georgia were rejected, due to allegations of electoral fraud, and due to submitting votes for [[Horace Greeley|a candidate who had died]].<ref>{{cite book|author=David A. McKnight|url=https://books.google.com/books?id=1Z2d29DZj9gC|title=The Electoral System of the United States: A Critical and Historical Exposition of Its Fundamental Principles in the Constitution and the Acts and Proceedings of Congress Enforcing It|publisher=Wm. S. Hein Publishing|year=1878|isbn=978-0-8377-2446-1|page=[https://books.google.com/books?id=1Z2d29DZj9gC&pg=PA313 313]}}</ref>
* After the crises of the [[1876 United States presidential election|1876 election]], where in a few states it was claimed there were two competing state governments, and thus competing slates of electors, Congress adopted the Electoral Count Act to regularize objection procedure.<ref>{{Cite magazine |last=Blakemore |first=Erin |date=2021-01-05 |title=The 1876 election was the most divisive in U.S. history. Here's how Congress responded. |url=https://www.nationalgeographic.com/history/2021/01/1876-election-most-divisive-united-states-history-how-congress-responded/ |archive-url=https://web.archive.org/web/20210106004740/https://www.nationalgeographic.com/history/2021/01/1876-election-most-divisive-united-states-history-how-congress-responded/ |url-status=dead |archive-date=January 6, 2021 |magazine=National Geographic |language=en}}</ref>
* During the vote count in 2001 after the close [[2000 United States presidential election|2000 presidential election]] between Governor [[George W. Bush]] of Texas and Vice President [[Al Gore]]. The election had been controversial, and its outcome was decided by the court case ''[[Bush v. Gore]]''. Gore, who as vice president was required to preside over his own Electoral College defeat (by five electoral votes), denied the objections, all of which were raised by representatives and would have favored his candidacy, after no senators would agree to jointly object.
* Objections were raised in the vote count of the [[2004 United States presidential election|2004 election]], alleging voter suppression and machine irregularities in Ohio, and on that occasion one representative and one senator objected, following protocols mandated by the Electoral Count Act. The joint session was suspended as outlined in these protocols, and the objections were quickly disposed of and rejected by both houses of Congress.
* Eleven objections were raised during [[2017 United States Electoral College vote count|the vote count]] for the [[2016 United States presidential election|2016 election]], all by various Democratic representatives. As no senator joined the representatives in any objection, all objections were blocked by Vice President [[Joe Biden]].<ref>{{cite news |last1=Williams |first1=Brenna |title=11 times electoral vote count was interrupted |url=https://edition.cnn.com/2017/01/06/politics/electoral-college-vote-count-objections/index.html |access-date=28 June 2022 |work=CNN}}</ref>
* In the [[2020 United States presidential election|2020 election]], there were [[2021 United States Electoral College vote count#Joint session of Congress|two objections]], and the proceeding was interrupted by an [[January 6 United States Capitol attack|attack on the U.S. Capitol]] by supporters of outgoing President [[Donald Trump]]. Objections to the votes from Arizona and Pennsylvania were each raised by a House member and a senator, and triggered separate debate in each chamber, but were soundly defeated.<ref>{{Cite web|date=2021-01-06|title=The House just rejected an objection to Pennsylvania's electoral vote|url=https://edition.cnn.com/politics/live-news/congress-electoral-college-vote-count-2021#h_1dfb60b6ce44275f175e4812339016a2|access-date=2021-01-07|website=CNN|language=en}}</ref> A few House members raised objections to the votes from Georgia, Michigan, Nevada, and Wisconsin, but they could not move forward because no senator joined in those objections.<ref>{{cite web|url=https://www.forbes.com/sites/joewalsh/2021/01/07/objections-to-three-swing-states-electors-fall-flat-after-senators-refuse-to-participate-hawley-forces-debate-on-pennsylvania/?sh=3120211132c9|title=Objections To Four Swing States' Electors Fall Flat After Senators Refuse To Participate; Hawley Forces Debate On Pennsylvania
|date=January 7, 2020|website=forbes.com}}</ref>

=== Contingencies ===
{{further|Contingent election}}

==== Contingent presidential election by House ====
If no candidate for president receives an absolute majority of the electoral votes (since 1964, 270 of the 538 electoral votes), then the [[Twelfth Amendment to the United States Constitution|Twelfth Amendment]] requires the [[United States House of Representatives|House of Representatives]] to go into session immediately to choose a president. In this event, the House of Representatives is limited to choosing from among the three candidates who received the most electoral votes for president. Each state delegation votes ''en bloc''—each delegation having a single vote. The District of Columbia does not get to vote.

A candidate must receive an absolute majority of state delegation votes (i.e., from 1959, which is the last time a new state was admitted to the union, a minimum of 26 votes) in order for that candidate to become the ''president-elect''. Delegations from at least two thirds of all the states must be present for voting to take place. The House continues balloting until it elects a president.

The House of Representatives has been required to choose the president only twice: in [[1800 United States presidential election|1801]] under Article II, Section 1, Clause 3; and in [[1824 United States presidential election|1825]] under the Twelfth Amendment.

==== Contingent vice presidential election by Senate ====
If no candidate for vice president receives an absolute majority of electoral votes, then the [[United States Senate|Senate]] must go into session to choose a vice president. The Senate is limited to choosing from the two candidates who received the most electoral votes for vice president. Normally this would mean two candidates, one less than the number of candidates available in the House vote.

However, the text is written in such a way that ''all'' candidates with the most and second-most electoral votes are eligible for the Senate election—this number could theoretically be larger than two. The Senate votes in the normal manner in this case (i.e., ballots are individually cast by each senator, not by state delegations). Two-thirds of the senators must be present for voting to take place.

The Twelfth Amendment states a "majority of the whole number" of senators, currently 51 of 100, is necessary for election.<ref>{{cite web|url=http://www.ncseonline.org/nle/crsreports/government/gov-39.cfm#_1_8|archive-url=https://web.archive.org/web/20110628231654/http://www.ncseonline.org/nle/crsreports/government/gov-39.cfm|archive-date=June 28, 2011|title=RL30804: The Electoral College: An Overview and Analysis of Reform Proposals, L. Paige Whitaker and Thomas H. Neale, January 16, 2001|publisher=Ncseonline.org|access-date=August 26, 2010}}</ref> The language requiring an absolute majority of Senate votes precludes the sitting vice president from breaking any tie that might occur,<ref>{{Cite journal|last1=Longley|first1=Lawrence D.|last2=Peirce|first2=Neal R.|title=The Electoral College Primer 2000|place=New Haven, CT|journal=Yale University Press|year=1999|page=13}}</ref> although some academics and journalists have speculated to the contrary.<ref>{{cite news|url=https://www.usatoday.com/news/vote2000/storm.htm|work=USA Today|title=Election evolves into 'perfect' electoral storm|date=December 12, 2000|access-date=June 8, 2016|archive-url=https://web.archive.org/web/20060515165111/http://www.usatoday.com/news/vote2000/storm.htm|archive-date=May 15, 2006}}</ref>

The only time the Senate chose the vice president was in [[1836 United States presidential election#1837 contingent election|1837]]. In that instance, the Senate adopted an alphabetical [[Voting methods in deliberative assemblies|roll call]] and voting aloud. The rules further stated, "[I]f a majority of the number of senators shall vote for either the said [[Richard Mentor Johnson|Richard M. Johnson]] or [[Francis Granger]], he shall be declared by the presiding officer of the Senate constitutionally elected Vice President of the United States"; the Senate chose Johnson.<ref>{{cite web|url=http://memory.loc.gov/cgi-bin/ampage?collId=llsj&fileName=026/llsj026.db&recNum=228&itemLink=r%3Fammem%2Fhlaw%3A@field%28DOCID%2B@lit%28sj0262%29%29%3A%230260003&linkText=1|title=Senate Journal from 1837|publisher=Memory.loc.gov|access-date=August 26, 2010}}</ref>

==== Deadlocked election ====
Section 3 of the Twentieth Amendment specifies that if the House of Representatives has not chosen a ''president-elect'' in time for the inauguration (noon [[Eastern Time Zone|EST]] on January 20), then the ''vice president-elect'' becomes [[Acting President of the United States|acting president]] until the House selects a president. Section{{nbsp}}3 also specifies that Congress may statutorily provide for who will be acting president if there is neither a president-elect nor a vice president-elect in time for the inauguration. Under the [[Presidential Succession Act#Presidential Succession Act of 1947|Presidential Succession Act of 1947]], the [[Speaker of the United States House of Representatives|Speaker of the House]] would become acting president until either the House selects a president or the Senate selects a vice president. Neither of these situations has ever arisen to this day.

====Continuity of government and peaceful transitions of power====
{{See also|List of United States presidential assassination attempts and plots|l1=United States presidential assassination attempts and plots|United States federal government continuity of operations}}

In ''Federalist No. 68'', Alexander Hamilton argued that one concern that led the Constitutional Convention to create the Electoral College was to ensure [[Peaceful transition of power|peaceful transitions of power]] and [[continuity of government]] during [[United States presidential transition|transitions between presidential administrations]].{{sfn|Rossiter|2003|p=410}}{{efn|"It was ... peculiarly desirable to afford as little opportunity as possible [in the election of the President] to tumult and disorder. ... [The] precautions which have been so happily concerted in the system under consideration, promise an effectual security against this mischief. The choice of ''several'', to form an intermediate body of Electors, will be much less apt to convulse the community, with any extraordinary or violent movements... [As] the Electors, chosen in each State, are to assemble and vote in the State in which they are chosen, this detached and divided situation will expose them much less to heats and ferments, which might be communicated [to] them [by] the People, than if they were all to be convened at one time, in one place."}} While recognizing that the question had not been presented in the case, the [[Supreme Court of the United States|U.S. Supreme Court]] stated in the majority opinion in ''[[Chiafalo v. Washington]]'' (2020) that "nothing in this opinion should be taken to permit the States to bind electors to a deceased candidate" after noting that more than one-third of the cumulative faithless elector votes in U.S. presidential elections history were cast during the [[1872 United States presidential election|1872 presidential election]] when [[Liberal Republican Party (United States)|Liberal Republican Party]] and [[Democratic Party (United States)|Democratic Party]] nominee [[Horace Greeley]] died after the [[Election Day (United States)|polls were held]] and vote tabulations were completed by the states but before the Electoral College cast its ballots, and acknowledging the petitioners concern about the potential turmoil that the death of a presidential candidate between Election Day and the Electoral College meetings could cause.<ref>{{ussc|name=Chiafalo v. Washington|volume=591|year=2020|docket=19-465|slip=16–17}}</ref><ref>{{cite report|last=Shelly|first=Jacob D.|date=July 10, 2020|title=Supreme Court Clarifies Rules for Electoral College: States May Restrict Faithless Electors|publisher=Congressional Research Service|page=3|url=https://crsreports.congress.gov/product/pdf/LSB/LSB10515|access-date=July 10, 2023}}</ref>

In 1872, Greeley carried the popular vote in 6 states ([[1872 United States presidential election in Georgia|Georgia]], [[1872 United States presidential election in Kentucky|Kentucky]], [[1872 United States presidential election in Maryland|Maryland]], [[1872 United States presidential election in Missouri|Missouri]], [[1872 United States presidential election in Tennessee|Tennessee]], and [[1872 United States presidential election in Texas|Texas]]) and had 66 electoral votes pledged to him. After his death on November 29, 1872, 63 of the electors pledged to him voted faithlessly, while 3 votes (from Georgia) that remained pledged to him were rejected at the Electoral College vote count on February 12, 1873, on the grounds that he had died.{{sfn|Neale|2020b|p=4}}{{sfn|Senate Journal 42(3)|pp=334–337}} Greeley's running mate, [[B. Gratz Brown]], still received the 3 electoral votes from Georgia for vice president that were rejected for Greeley. This brought Brown's number of electoral votes for vice president to 47 since he still received all 28 electoral votes from Maryland, Tennessee, and Texas, and 16 other electoral votes from Georgia, Kentucky, and Missouri in total. The other 19 electors from the latter states voted faithlessly for vice president.{{sfn|Senate Journal 42(3)|p=346}}

During the [[Presidential transition of Abraham Lincoln|presidential transition]] following the [[1860 United States presidential election|1860 presidential election]], [[Abraham Lincoln]] had to arrive in Washington, D.C. in disguise and on an altered train schedule after the [[Pinkerton (detective agency)|Pinkerton National Detective Agency]] found evidence that suggested a [[Baltimore Plot|secessionist plot to assassinate Lincoln would be attempted in Baltimore]].<ref>{{cite book|last=Donald|first=David Herbert|author-link=David Herbert Donald|year=1996|title=Lincoln|publisher=Simon and Schuster|location=New York, New York|pages=273–279|url={{google books|plainurl=y|id=fuTY3mxs9awC}}|isbn=978-0-684-82535-9}}</ref><ref>{{cite book|last=Holzer|first=Harold|title=Lincoln President-elect: Abraham Lincoln and the Great Secession Winter, 1860-1861|year=2008|page=378|publisher=Simon & Schuster |isbn=978-0-7432-8947-4}}</ref> During the [[Presidential transition of Herbert Hoover|presidential transition]] following the [[1928 United States presidential election|1928 presidential election]], an [[Argentines|Argentine]] anarchist group plotted to assassinate [[Herbert Hoover]] while Hoover was traveling through [[Central America|Central]] and [[South America]] and crossing the [[Andes]] from [[Chile]] by train. The plotters were arrested before the attempt was made.<ref name="LifeHH">{{Cite book |last=Jeansonne |first=Glen |url=https://books.google.com/books?id=0SDIAAAAQBAJ&q=Good+will+tour |title=The Life of Herbert Hoover: Fighting Quaker, 1928-1933 |publisher=Palgrave Macmillan |year=2012 |isbn=978-1-137-34673-5 |location=New York |pages=44–45 |access-date=May 20, 2016}}</ref><ref>{{Cite web |title=The Museum Exhibit Galleries, Gallery 5: The Logical Candidate, The President-Elect |url=http://hoover.archives.gov/exhibits/Hooverstory/gallery05/ |url-status=dead |archive-url=https://web.archive.org/web/20160306153100/http://hoover.archives.gov/exhibits/Hooverstory/gallery05/ |archive-date=March 6, 2016 |access-date=February 24, 2016 |publisher=Herbert Hoover Presidential Library and Museum |location=West Branch, Iowa}}</ref>

During the [[Presidential transition of Franklin D. Roosevelt|presidential transition]] following the [[1932 United States presidential election|1932 presidential election]], [[Giuseppe Zangara]] attempted to assassinate [[Franklin D. Roosevelt]] by gunshot while Roosevelt was giving an impromptu speech in a car in [[Miami]], but instead killed [[Mayor of Chicago|Chicago Mayor]] [[Anton Cermak]], who was a passenger in the car, and wounded 5 bystanders.{{sfn|Continuity of Government Commission|2009|pp=31–32}}<ref>{{Cite book |last=Picchi |first=Blaise |url=https://www.worldcat.org/oclc/38468505 |title=The Five Weeks of Giuseppe Zangara : The Man Who Would Assassinate FDR |date=1998 |publisher=Academy Chicago Publishers |isbn=9780897334433 |location=Chicago |oclc=38468505 |pages=19–20}}</ref> During the [[Presidential transition of John F. Kennedy|presidential transition]] following the [[1960 United States presidential election|1960 presidential election]], [[Richard Paul Pavlick]] plotted to assassinate [[John F. Kennedy]] while Kennedy was vacationing in [[Palm Beach, Florida]], by detonating a dynamite-laden car where Kennedy was staying. Pavlick delayed his attempt and was arrested and [[Involuntary commitment|committed]] to a mental hospital.<ref name=postman>{{cite book|url=https://books.google.com/books?id=M9_BSXV_s_4C&dq=richard+paul+pavlick&pg=PA164|isbn=9780313364754|title=Killing the President: Assassinations, Attempts, and Rumored Attempts on U.S. Commanders-in-Chief: Assassinations, Attempts, and Rumored Attempts on U.S. Commanders-in-Chief|last1=Oliver|first1=Willard|last2=Marion|first2=Nancy E.|publisher=ABC-CLIO|year=2010}}</ref><ref name=children>{{cite book|url=https://books.google.com/books?id=nxDyGK-iLiYC&dq=richard+paul+pavlick&pg=PA48|isbn=9781581129847|title=The Fine Art of Executive Protection: Handbook for the Executive Protection Officer|last=Hunsicker|first=A.|publisher=Universal-Publishers|year=2007}}</ref><ref name=hate>{{cite book|url=https://books.google.com/books?id=rFE7nTO-iLcC&dq=richard+paul+pavlick&pg=PA89|isbn=978-1-60819-247-2|title=Brothers in Arms: The Kennedys, the Castros, and the Politics of Murder|last1=Russo|first1=Gus|last2=Molton |first2=Stephen|publisher=Bloomsbury Publishing USA|date=2010}}</ref><ref>{{cite web|last=Greene|first=Bob|title=The man who did not kill JFK|date=24 October 2010|publisher=[[CNN]] |url=http://www.cnn.com/2010/OPINION/10/24/greene.jfk.arrest/}}</ref>

During the [[Presidential transition of Barack Obama|presidential transition]] following the [[2008 United States presidential election|2008 presidential election]], [[Barack Obama]] was targeted in separate security incidents by [[List of United States presidential assassination attempts and plots#Barack Obama|an assassination plot]] and [[Security incidents involving Barack Obama#Maine "dirty bomb" threat|a death threat]],<ref>{{cite web |title=Dirty Bomb parts found in Slain man's home|date=February 10, 2009 |url=http://bangordailynews.com/2009/02/10/politics/report-dirty-bomb-parts-found-in-slain-mans-home/}}</ref><ref>{{Cite news |last1=Jeff Zeleny |last2=Jim Rutenberg |date=December 5, 2009 |title=Threats Against Obama Spiked Early |work=The New York Times |url=https://www.nytimes.com/2009/12/06/us/06threat.html |url-access=subscription}}</ref> after an [[Barack Obama assassination plot in Denver|assassination plot in Denver]] during the [[2008 Democratic National Convention]] and an [[Barack Obama assassination plot in Tennessee|assassination plot in Tennessee]] during the election were prevented.<ref>{{cite news |last1=Piazza |first1=Jo |last2=Meek |first2=James Gordon |last3=Kennedy |first3=Helen |url=http://www.nydailynews.com/news/politics/2008/08/27/2008-08-27_feds_trio_of_wouldbe_obama_assassins_not.html |title=Feds: Trio of would-be Obama assassins not much of "threat" |work=[[Daily News (New York)|New York Daily News]] |date=August 27, 2008 |access-date=September 1, 2008}}</ref><ref name="ABC1027">{{cite news |last=Date |first=Jack |url=https://abcnews.go.com/TheLaw/Vote2008/story?id=6122962&page=1 |title=Feds thwart alleged Obama assassination plot. |work=[[ABC News (United States)|ABC News]] |date=October 27, 2008 |access-date=October 28, 2008}}</ref>

During the [[Presidential transition of Joe Biden|presidential transition]] following the [[2020 United States presidential election|2020 presidential election]], as a result of then-president [[Donald Trump]]'s false insistence that he had won the election, the [[General Services Administration]] did not declare Biden the winner until November 23.<ref>{{Cite web |last=Herb |first=Kristen Holmes,Jeremy |date=2020-11-23 |title=First on CNN: Key government agency acknowledges Biden's win and begins formal transition {{!}} CNN Politics |url=https://www.cnn.com/2020/11/23/politics/transition-biden-gsa-begin/index.html |access-date=2024-07-29 |website=CNN |language=en}}</ref> The subsequent [[January 6 United States Capitol attack|attack on the United States Capitol]] on January 6 caused delays in the [[2021 United States Electoral College vote count|counting of electoral votes]] to certify Joe Biden's victory in the 2020 election, but was ultimately unsuccessful in preventing the count from occurring.<ref>{{Cite web |last1=Winsor |first1=Morgan |last2=Pereira |first2=Ivan |last3=Mansell |first3=William |date=January 7, 2021 |title=4 dead after US Capitol breached by pro-Trump mob during 'failed insurrection' |website=[[ABC News (United States)|ABC News]] |url=https://abcnews.go.com/Politics/capitol-breached-protesters/story?id=75081629 }}</ref>

Ratified in 1933, Section 3 of the 20th Amendment requires that if a [[President-elect of the United States|president-elect]] dies before [[United States presidential inauguration|Inauguration Day]], that the [[Vice President-elect of the United States|vice president-elect]] becomes the president.{{sfn|Neale|2020b|pp=5–6}}{{sfn|Rossiter|2003|p=564}} Akhil Amar has noted that the explicit text of the 20th Amendment does not specify when the candidates of the winning presidential ticket officially become the president-elect and vice president-elect, and that the text of Article II, Section I and the 12th Amendment suggests that candidates for president and vice president are only formally elected upon the Electoral College vote count.<ref>{{cite journal|last=Amar|first=Akhil Reed|year=1995|title=Presidents, Vice Presidents, and Death: Closing the Constitution's Succession Gap|journal=Arkansas Law Review|publisher=University of Arkansas School of Law|volume=48|pages=215–221|url=https://openyls.law.yale.edu/bitstream/handle/20.500.13051/5398/Presidents__Vice_Presidents__and_Death____Closing_the_Constitution_s_Succession_Gap.pdf|access-date=July 3, 2023}}</ref> Conversely, a 2020 report issued by the [[Congressional Research Service]] (CRS), stated that the balance of scholarly opinion has concluded that the winning presidential ticket is formally elected as soon as the majority of the electoral votes they receive are cast, according to the 1932 House committee report on the 20th Amendment.{{sfn|Neale|2020b|pp=5–6}}

If a vacancy on a presidential ticket occurs before Election Day—as in [[1912 United States presidential election|1912]] when [[List of United States Republican Party presidential tickets|Republican nominee for Vice President]] [[James S. Sherman]] died less than a week before the election and was replaced by [[Nicholas Murray Butler]] at the Electoral College meetings, and in [[1972 United States presidential election|1972]] when [[List of United States Democratic Party presidential tickets|Democratic nominee for Vice President]] [[Thomas Eagleton]] withdrew his nomination less than three weeks after the [[1972 Democratic National Convention|Democratic National Convention]] and was replaced by [[Sargent Shriver]]—the internal rules of the political parties apply for filling vacancies.{{sfn|Neale|2020b|pp=2–3}} If a vacancy on a presidential ticket occurs between Election Day and the Electoral College meetings, the 2020 CRS report notes that most legal commentators have suggested that political parties would still follow their internal rules for filling the vacancies.{{sfn|Neale|2020b|pp=3–4}} However, in 1872, the [[Democratic National Committee]] did not meet to name a replacement for Horace Greeley,{{sfn|Neale|2020b|p=4}} and the 2020 CRS report notes that presidential electors may argue that they are permitted to vote faithlessly if a vacancy occurs between Election Day and the Electoral College meetings since they were pledged to vote for a specific candidate.{{sfn|Neale|2020b|pp=3–4}}

Under the [[Article Two of the United States Constitution#Clause 6: Vacancy and disability|Presidential Succession Clause of Article II, Section I]], Congress is delegated the power to "by Law provide for the Case of Removal, Death, Resignation or Inability, both of the President and Vice President, declaring what Officer shall then act as President, and such Officer shall act accordingly, until the Disability be removed, or a President shall be elected."{{sfn|Rossiter|2003|p=551}}{{efn|Section 1 of the [[Twenty-fifth Amendment to the United States Constitution|25th Amendment]] superseded the text of the Presidential Succession Clause of Article II, Section I that stated "In Case of the Removal of the President from Office, or of his Death, Resignation, or Inability to discharge the Powers and Duties of the said Office, the Same shall devolve on the Vice President". Instead, Section 1 of the 25th Amendment provides that "In case of the removal of the President from office or of his death or resignation, the Vice President shall become President." Section 2 of the 25th Amendment authorizes the president to nominate a vice president in the event of a vacancy subject to confirmation by both houses of Congress.{{sfn|Neale|2020a|pp=6–7}}{{sfn|Rossiter|2003|p=567}}}}{{efn|In 1841, the death of [[William Henry Harrison]] as president caused debate in Congress about whether [[John Tyler]] had formally succeeded to the Presidency or whether he was an acting president. Tyler took the [[Oath of office of the president of the United States|oath of office]] and Congress implicitly ratified Tyler's decision in documents published subsequent to his ascension that referred to him as "the President of the United States". Tyler's ascension set the precedent that the vice president becomes the president in the event of a vacancy until the ratification of the 25th Amendment.{{sfn|Neale|2020a|pp=3–4}}}} Pursuant to the Presidential Succession Clause, the [[2nd United States Congress]] passed the [[Presidential Succession Act#Presidential Succession Act of 1792|Presidential Succession Act of 1792]] that required a [[By-election|special election]] by the Electoral College in the case of a dual vacancy in the presidency and vice presidency.{{sfn|Continuity of Government Commission|2009|pp=25–26}}{{sfn|Neale|2020a|p=3}} Despite vacancies in the Vice Presidency from 1792 to 1886,{{efn|For nearly one-fourth of the period of time from 1792 to 1886, the Vice Presidency was vacant due to the [[Assassination of Abraham Lincoln|assassinations of Abraham Lincoln]] and [[Assassination of James A. Garfield|James A. Garfield]] in 1865 and 1881 respectively, the [[List of presidents of the United States who died in office|deaths of Presidents]] William Henry Harrison and [[Zachary Taylor]] in 1841 and 1850 respectively, the deaths of vice presidents [[George Clinton (vice president)|George Clinton]], [[Elbridge Gerry]], [[William R. King]], [[Henry Wilson]], and [[Thomas A. Hendricks]] in 1812, 1814, 1853, 1875, and 1885 respectively, and the resignation of the vice presidency by [[John C. Calhoun]] in 1832.{{sfn|Continuity of Government Commission|2009|pp=66–67}}{{sfn|Neale|2020a|pp=25–26}}}} the special election requirement would be repealed with the rest of the Presidential Succession Act of 1792 by the [[49th United States Congress]] in passing the [[Presidential Succession Act#Presidential Succession Act of 1886|Presidential Succession Act of 1886]].{{sfn|Continuity of Government Commission|2009|pp=26–30}}{{sfn|Neale|2020a|p=4}}

In a special message to the [[80th United States Congress]] calling for revisions to the Presidential Succession Act of 1886, President [[Harry S. Truman]] proposed restoring special elections for dual vacancies in the Presidency and Vice Presidency. While most of Truman's proposal was included in the final version of the [[Presidential Succession Act#Presidential Succession Act of 1947|Presidential Succession Act of 1947]], the restoration of special elections for dual vacancies was not.{{sfn|Continuity of Government Commission|2009|pp=32–33; 64–65}}{{sfn|Neale|2020a|pp=4–6}} Along with six other recommendations related to presidential succession,{{sfn|Continuity of Government Commission|2009|pp=45–49}} the [[Continuity of Government Commission]] recommended restoring special elections for president in the event of a dual vacancy in the presidency and vice presidency due to a catastrophic [[Terrorism|terrorist attack]] or [[Nuclear warfare|nuclear strike]], in part because all members of the [[United States presidential line of succession|presidential line of succession]] live and work in Washington, D.C.{{sfn|Continuity of Government Commission|2009|pp=39; 47}}

Under the 12th Amendment, presidential electors are still required to meet and cast their ballots for president and vice president within their respective states.{{sfn|Rossiter|2003|p=560}} The CRS noted in a separate 2020 report that members of the presidential line of succession, after the vice president, only become an acting president under the Presidential Succession Clause and Section 3 of the 20th Amendment, rather than fully succeeding to the presidency.{{sfn|Neale|2020a|pp=1–7}}

=== Current electoral vote distribution ===
{| class="wikitable sortable"
|+ Electoral votes (EV) allocations for the 2024 and 2028 presidential elections.<ref name="2020census01">{{cite web|url=https://www.census.gov/data/tables/2020/dec/2020-apportionment-data.html|title=2020 Census Apportionment Results|date=April 26, 2021|publisher=U.S. Census Bureau|location=Washington, D.C.|access-date=April 26, 2021}} Each state's number of electoral votes is equal to its total congressional representation (its number of Representatives plus its two Senators).</ref><br />Triangular markers {{nowrap|(<sup>{{increase}}{{decrease}}</sup>)}} indicate gains or losses following the 2020 census.<ref>{{cite web|url=https://apnews.com/article/electoral-college-census-2020-government-and-politics-politics-86e1a31aeeea02004a3c71abd58097ee|title=Winners and losers from first release of 2020 census data|website=Associated Press|date=April 26, 2021}}</ref>
! EV × States !! States<sup>*</sup>
|-
| align=right | '''54''' × 1 = 54  || {{nowrap|<sup>{{decrease}}</sup>California}}
|-
| align=right | '''40''' × 1 = 40  || {{nowrap|<sup>{{increase}}{{increase}}</sup>Texas}}
|-
| align=right | '''30''' × 1 = 30  || {{nowrap|<sup>{{increase}}</sup>Florida}}
|-
| align=right | '''28''' × 1 = 28  || {{nowrap|<sup>{{decrease}}</sup>New York}}
|-
| align=right | '''19''' × 2 = 38  || {{nowrap|<sup>{{decrease}}</sup>Illinois,}} {{nowrap|<sup>{{decrease}}</sup>Pennsylvania}}
|-
| align=right | '''17''' × 1 = 17  || {{nowrap|<sup>{{decrease}}</sup>Ohio}}
|-
| align=right | '''16''' × 2 = 32  || Georgia, {{nowrap|<sup>{{increase}}</sup>North Carolina}}
|-
| align=right | '''15''' × 1 = 15  || {{nowrap|<sup>{{decrease}}</sup>Michigan}}
|-
| align=right | '''14''' × 1 = 14  || New Jersey
|-
| align=right | '''13''' × 1 = 13  || Virginia
|-
| align=right | '''12''' × 1 = 12  || Washington
|-
| align=right | '''11''' × 4 = 44  || Arizona, Indiana, Massachusetts, Tennessee
|-
| align=right | '''10''' × 5 = 50  || {{nowrap|<sup>{{increase}}</sup>Colorado,}} Maryland, Minnesota, Missouri, Wisconsin
|-
| align=right | '''9''' × 2 = 18  || Alabama, South Carolina
|-
| align=right | '''8''' × 3 = 24  || Kentucky, Louisiana, {{nowrap|<sup>{{increase}}</sup>Oregon}}
|-
| align=right | '''7''' × 2 = 14  || Connecticut, Oklahoma
|-
| align=right | '''6''' × 6 = 36  || Arkansas, Iowa, Kansas, Mississippi, Nevada, Utah
|-
| align=right | '''5''' × 2 = 10  || Nebraska**, New Mexico
|-
| align=right | '''4''' × 7 = 28  || Hawaii, Idaho, Maine**, {{nowrap|<sup>{{increase}}</sup>Montana,}} New Hampshire, Rhode Island, {{nowrap|<sup>{{decrease}}</sup>West Virginia}}
|-
| align=right | '''3''' × 7 = 21  || Alaska, Delaware, District of Columbia*, North Dakota, South Dakota, Vermont, Wyoming
|-
| align=right |  = 538  || Total electors
|}
: * ''The [[Twenty-third Amendment to the United States Constitution|Twenty-third Amendment]] grants {{abbr|D.C.|District of Columbia}} the same number of electors as the least populous state. This has always been three.''
: ** ''Maine's four electors and Nebraska's five are distributed using the [[#Congressional district method|Congressional district method]].''