“On the flip side, if we didn’t have it, some of those big states on the coast would determine the winner and those mid-Atlantic states and smaller states would feel like they’re not represented by the person in the Oval Office.". Section 4 of the Electoral Count Act (now 3 U.S.C. What are the basics of the Electoral College? After the electoral votes are cast, they are sealed and sent to Congress. The meeting is required by the Constitution and includes several distinct steps. As a result, electoral votes are teed up to be cast on Dec. 14. However, that's why we're living with our 200-some-year-old legacy.". There are currently 538 electors, and an absolute majority of electoral votes, 270 or more, is required to win the election. The Constitution requires Congress to meet and count the electoral votes. While rare, there have been some instances of disruption during this vote counting session in modern history. The Constitution requires Congress to meet and count the electoral votes. , which you may not have given serious thought to since middle school. Electors will cast their votes on Dec. 19. It significantly expands upon the Twelfth Amendment, which states only that "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." In 2016, Trump won with 304 electoral votes. The congressional count is the final step in reaffirming Biden’s presidential win, again, after the Electoral College officially elected him on Dec. 14. The nonprofit organization was founded by retired Supreme Court Justice Sandra Day O’Connor as a way to make civics more engaging. Brennan pointed out that Republicans have won the popular vote only once in the last seven elections yet have appointed six of the nine Supreme Court justices. In a few days, Congress will vote to accept or reject certifying the Electoral College vote. California, Texas and other big states are forced to live with the system because there are too many smaller states that would fight off a constitutional amendment to abolish the Electoral College, Chemerinsky said. December 14, 2020 —Electors vote The electors in each State meet to select the President and Vice President of the United States. (AP Photo/Patrick Semansky) But Humphries of iCivics said she’s torn. I wouldn't necessarily say that's true nowadays. If there is a tie, then the House decides the presidency, with each congressional delegation having one vote. The Constitution requires Congress to meet and count the electoral votes. Trump blames cities for fraud. How many Electoral College votes are needed to win? If the Founding Fathers had decided the popular vote would determine the presidency, enslaved people would have had no impact on the election because they were not allowed to vote. The congressional count is the final step in reaffirming Biden’s presidential win, after the Electoral College officially elected him on Monday. On Dec. 19, electors will gather in their states to cast their votes for president and vice president. If there is a tie, then the House decides the presidency, with each congressional delegation having one vote. All rights reserved. Then, on January 6, a joint session of Congress meets at the Capitol to count the electoral votes and declare the outcome of the election, paving the way for the presidential inauguration on January 20. The congressional count is the final step in reaffirming Biden’s presidential win, again, after the Electoral College officially elected him on Dec. 14. The Electoral College is a "winner take all" system because the winner of the popular vote in each state gets all of the state’s electoral votes, except in Maine and Nebraska, which award their electoral votes more proportionally. A little constitutional reading helps understand how the Founding Fathers settled on the Electoral College, according to Humphries. On this date, a joint session of Congress is convened by the president of … The state parties appoint electors to cast the electoral ballots on the Monday after the second Wednesday in December – more than a month after Americans cast their ballots. "When the Constitution was written, most Americans weren’t educated, weren’t allowed to vote or weren’t able to know who was running, and that’s partly why this system was created," Merrill said. Each body then votes on whether to reject the state’s results. In 32 states, rogue electors face fines and the possibility of being replaced. This year's election had Hillary Clinton winning the popular vote by four times the margin that Gore had over Bush in 2000.