The Tuesday following the first Monday in November has been fixed as the day for holding federal elections, called the Election Day. The Twelfth Amendment requires the House of Representatives to go into session immediately to vote for a president if no candidate for president receives a majority of the electoral votes (since 1964, 270 of the 538 electoral votes). It fixes the basis of representation in Congress. Advocates of a national popular vote for president suggest that this effect would also be true in popular vote elections. Here is a basic guide to the electoral college system", "Brown learns he can't serve as Kerry elector, steps down", "Appointment of 2020 Electors for President and Vice President of the United States", "Planning to write in Paul Ryan or Bernie Sanders? On this basis after the first census, the Electoral College still gave the free men of slave-owning states (but never slaves) extra power (Electors) based on a count of these disenfranchised people, in the choice of the U.S. En outre, les délégations d'au moins deux tiers de tous les États doivent être présentes pour que le vote puisse avoir lieu. [155], In 2010, Republicans in Pennsylvania, who controlled both houses of the legislature as well as the governorship, put forward a plan to change the state's winner-takes-all system to a congressional district method system. Proponents of these proposals argued that the electoral college system does not provide for direct democratic election, affords less-populous states an advantage, and allows a candidate to win the presidency without winning the most votes. Ce poids dans le Sénat et la Chambre des représentants étant proportionnel à sa population, il en va de même pour les voix au collège électoral. Cinq copies sont complétées et signées par chaque électeur. In … "[52] Though this was indisputably in violation of the concepts Hamilton articulated in the Federalist #68, once one state took that strategy, the others felt compelled to follow suit in order to compete for the strongest influence on the election.[51]. [133] Even in the 1824 election, a quarter of state legislatures (6 of 24) chose electors. La taille du collège électoral est égale à celle des deux chambres du Congrès (en 2008, 435 représentants et 100 sénateurs), plus trois électeurs alloués au district de Columbia (Washington DC). In McPherson v. Blacker, 146 U.S. 1 (1892), the Court cited Article II, Section 1, Clause 2 which states that a state's electors are selected "in such manner as the legislature thereof may direct" and wrote these words "operat[e] as a limitation upon the state in respect of any attempt to circumscribe the legislative power". Ce système date en effet du début du XIXe siècle, où le président était surtout une personnalité faisant fonction d’arbitre entre les états, et dont le pouvoir notamment en politique extérieure était bien moindre qu’actuellement. [194][page needed][failed verification]. Cette clause a conduit Dick Cheney initialement inscrit comme électeur au Texas comme George Bush à se réinscrire au Wyoming avant l'élection présidentielle de 2000. "[181] Akhil and Vikram Amar added: The founders' system also encouraged the continued disfranchisement of women. New York: Penguin, 2004. p. 514. Dans le New Jersey, les électeurs vérifient le nom du candidat sur un carton pré-imprimé ; en Caroline du Nord, ils écrivent le nom du candidat sur un papier blanc. Section 3 of the Twentieth Amendment specifies if the House of Representatives has not chosen a president-elect in time for the inauguration (noon EST on January 20), then the vice president-elect becomes acting president until the House selects a president. REHOBOTH BEACH/WASHINGTON (Reuters) - Le président américain, Donald Trump, a déclaré jeudi qu'il quitterait la Maison blanche si le collège électoral américain votait pour le président élu démocrate, Joe Biden.Bien qu'il semble ainsi concéder la défaite, Donald Trump a réitéré ses accusations de fraude, restées sans preuve jusqu'à présent. Alabama through Missouri (including the District of Columbia) are placed in one box and Montana through Wyoming are placed in the other box. Au vu du résultat serré de l'élection et du nombre important de grands électeurs au Texas, cela aurait pu conduire à l'élection d'un vice-président démocrate. When James Madison and Alexander Hamilton, two of the most important architects of the Electoral College, saw this strategy being taken by some states, they protested strongly. Le Maine et le Nebraska utilisent actuellement cette méthode. Then on Election Day, the voters select a ticket and thereby select the associated electors. Une telle situation a plus de chances de se produire quand plus de deux candidats reçoivent des suffrages de grands électeurs, mais peut également se produire si deux candidats reçoivent chacun 269 voix. The Certificates of Ascertainment are mandated to carry the state seal and the signature of the governor (or mayor of D.C.). [58], By 1800, Virginia and Rhode Island voted at large; Kentucky, Maryland, and North Carolina voted popularly by district; and eleven states voted by state legislature. According to this criticism, the electoral college reduces elections to a mere count of electors for a particular state, and, as a result, it obscures any voting problems within a particular state. [209], On April 29, 1969, the House Judiciary Committee voted 28 to 6 to approve the proposal. ", "These 3 Common Arguments For Preserving the Electoral College Are All Wrong", "It's Time to Abolish the Electoral College", "Should We Abolish the Electoral College? The electors meet and vote in December and the inauguration of the president and vice president takes place in January. Ratification of 38 state legislatures would have been needed for adoption. [72], Besides the Constitution prohibiting Congress from regulating foreign or domestic slave trade before 1808 and a duty on states to return escaped "persons held to service",[73] legal scholar Akhil Reed Amar argues that the College was originally advocated by slaveholders as a bulwark to prop up slavery. State legislation is sufficient to use this method. La question est réapparue vivement en 2000, lorsque le candidat démocrate Al Gore a reçu la majorité des votes au niveau national (plus de 500 000 voix d'avance) mais n'a pas obtenu celle du collège électoral. Cette méthode a été utilisée dans le Maine depuis 1972 et dans le Nebraska depuis 1992. Jusqu'à présent, aucun électeur infidèle n'a modifié le résultat d'une élection. Published Agreeably to Resolve of 16th January, 1812. In 1800, the Democratic-Republican Party again nominated Jefferson for president and also nominated Aaron Burr for vice president. [14][17] Should a majority of votes not be cast for a candidate, a contingent election takes place: the House holds a presidential election session, where one vote is cast by each of the fifty states; the Senate is responsible for electing the vice president, with each senator having one vote. The custom of allowing recognized political parties to select a slate of prospective electors developed early. [225][226] Unlike the Bayh–Celler amendment, with its 40% threshold for election, these proposals do not require a candidate to achieve a certain percentage of votes to be elected.[227][228][229]. [53] Hamilton drafted an amendment to the Constitution mandating the district plan for selecting electors. I prefer to allow the Congress to proceed with its work without the interruption of a new proposal. [26], Later in the convention, a committee formed to work out various details including the mode of election of the president, including final recommendations for the electors, a group of people apportioned among the states in the same numbers as their representatives in Congress (the formula for which had been resolved in lengthy debates resulting in the Connecticut Compromise and Three-Fifths Compromise), but chosen by each state "in such manner as its Legislature may direct". [213], On October 8, 1969, the New York Times reported that 30 state legislatures were "either certain or likely to approve a constitutional amendment embodying the direct election plan if it passes its final Congressional test in the Senate." However, the difference stems from the fact that every state always had two more electoral districts than congressional districts. Congressional Quarterly, Inc. 1997, Brian D. Humes, Elaine K. Swift, Richard M. Valley, Kenneth Finegold, and Evelyn C. Fink, "Representation of the Antebellum South in the House of Representatives: Measuring the Impact of the Three-Fifths Clause" in David W. Brady and Mathew D. McCubbins, eds., Party, Process and Political Change in Congress: New Perspectives on the History of Congress (2002), Stanford University Press. Ce groupe s’appelle le collège électoral. Ce document stipule le nombre de votes pour les postes de président et de vice-président, et quel candidat a reçu ces votes. Among its provisions, the law established deadlines that the states must meet when selecting their electors, resolving disputes, and when they must cast their electoral votes. However, Federalist #68, insofar as it reflects the intent of the founders, states that Electors will be "selected by their fellow-citizens from the general mass," and with regard to choosing Electors, "they [the framers] have referred it in the first instance to an immediate act of the people of America." On the other hand, three dissenting justices in Bush v. Gore, 531 U.S. 98 (2000), wrote: "[N]othing in Article II of the Federal Constitution frees the state legislature from the constraints in the State Constitution that created it. The Senate votes in the normal manner in this case (i.e., ballots are individually cast by each senator, not by state delegations). The tellers count the ballots and announce the result. Mister et Teter étaient de grands électeurs — un groupe qui constitue un élément important du processus de sélection du président des États-Unis. The final tally is printed in the Senate and House journals. A candidate must receive an absolute majority of state delegation votes (i.e., at present, a minimum of 26 votes) in order for that candidate to become the president-elect. 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 electing the president and vice president. Since the election of 1824, the majority of states have chosen their presidential electors based on winner-take-all results in the statewide popular vote on Election Day. The next step is the selection of a president or chairman of the meeting, sometimes also with a vice chairman. 10 that the greater the population and expanse of the Republic, the more difficulty factions would face in organizing due to such issues as sectionalism. The phrase was first written into federal law in 1845, and today the term appears in 3 U.S.C. However, once the Electoral College had been decided on, several delegates (Mason, Butler, Morris, Wilson, and Madison) openly recognized its ability to protect the election process from cabal, corruption, intrigue, and faction. La Constitution des États-Unis mentionne le collège électoral dans son article II, section 1. [233][234], Electors of the sixteen adherents of the compact number 196, which is 73% of the 270 required for it to take effect, or be considered justiciable. Pennsylvania had voted for the Democratic candidate in the five previous presidential elections, so this was seen an attempt to take away Democratic electoral votes. Gary Bugh's research of congressional debates over proposed constitutional amendments to abolish the Electoral College reveals reform opponents have often appealed to a traditional republican version of representation, whereas reform advocates have tended to reference a more democratic view. [105] One certificate is sent, as soon after Election Day as practicable, to the National Archivist in Washington. In many states, political officials give short speeches at this point in the proceedings. Each state government was free to have its own plan for selecting its electors, and the Constitution does not explicitly require states to popularly elect their electors. [223], In a letter to The New York Times, Representative Jonathan B. Bingham (D-New York) highlighted the danger of the "flawed, outdated mechanism of the Electoral College" by underscoring how a shift of fewer than 10,000 votes in two key states would have led to President Gerald Ford winning the 1976 presidential election despite Jimmy Carter's nationwide 1.7 million-vote margin. [219] A second motion for cloture on September 29, 1970, also failed, by 53 to 34. Ces grands électeurs se réunissent ensuite dans la capitale de leur État respectif pour élire le président et le vice-président ; mis à part en de très rares occasions, ils votent en faveur de la paire de candidats pour laquelle ils ont été élus. REUTERS | Le 27/11/20 à 00:00 | Mis à jour le 27/11/20 à 07:46 USA 2020-Trump quittera la Maison blanche si le collège électoral vote pour Biden | Crédits photo : Alex Brandon/AP/Sipa 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 Virginia Plan called for Congress to elect the president. Supporters of the Electoral College argue candidates must build a popular base that is geographically broader and more diverse in voter interests than either a simple national plurality or majority. Such an amendment, which would abolish the Electoral College, will ensure that the candidate chosen by the voters actually becomes President. 270 Electoral Votes. Each state delegation votes en bloc — each delegation having a single vote; the District of Columbia does not get to vote. Les 85 autres votes furent modifiés dans l'intérêt de l'électeur, ou peut-être par accident. The substitution of electors obviated this difficulty and seemed on the whole to be liable to the fewest objections. that the Electoral College is not a cause of the two-party system, and that it had a tendency to improve the chances of third-party candidates in some situations. [178] If the presidential election were decided by a national popular vote, in contrast, campaigns and parties would have a strong incentive to work to increase turnout everywhere. [4], Critics argue that the Electoral College system is less democratic than a direct popular vote and that the College violates the democratic principle of "one person, one vote. [17][82], Since 1936, the date fixed by Congress for the meeting of the Electoral College is "on the first Monday after the second Wednesday in December next following their appointment". [140] Nebraska split its electoral votes for the first time in 2008, giving John McCain its statewide electors and those of two congressional districts, while Barack Obama won the electoral vote of Nebraska's 2nd congressional district. [169] The true national popular vote was also uncertain in the 1960 election, and the plurality for the winner depends on how votes for Alabama electors are allocated.[170]. Alabama was still using the general ticket as late as 1960 and was one of the last states to switch to the short ballot. The choice was to be made by a majority of the Electoral College, as majority rule is critical to the principles of republican government. In 1864, all of the votes from Louisiana and Tennessee were rejected, and in 1872, all of the votes from Arkansas and Louisiana plus three of the eleven electoral votes from Georgia were rejected.[124]. There are two versions of the congressional district method: one has been implemented in Maine and Nebraska; another was used in New York in 1828 and proposed for use in Virginia. Madison also drafted a constitutional amendment that would insure the original "district" plan of the framers. In 1824, the presidential selection was passed to the House of Representatives, and John Quincy Adams was chosen over Andrew Jackson, who won fewer citizens' votes. Depuis l'adoption du 23e amendement, le district de Columbia reçoit a priori autant de grands électeurs qu'il en aurait s'il était un État, mais ne peut cependant pas en recevoir plus que l'État le moins peuplé de l'Union. [106], The Electoral College never meets as one body. Le Nebraska l'emploie depuis 1992. The House continues balloting until it elects a president. For a more detailed account of this proposal read. 17 – 116th Congress (2019–2020): A joint resolution proposing an amendment to the Constitution of the United States to abolish the electoral college and to provide for the direct election of the President and Vice President of the United States", "What Is National Popular Vote Bill/National Popular Vote Interstate Compact & Why Is It Important", "Supreme Court's "faithless electors" decision validates case for the National Popular Vote Interstate Compact", "The Supreme Court Just Pointed Out the Absurdity of the Electoral College. Then Jackson won in 1828, but would have lost if the College were citizen-only apportionment. [111] Before 1950, the Secretary of State's office oversaw the certifications, but 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. [6] Individual citizens in less populated states with 5% of the Electoral College have proportionately more voting power than those in more populous states,[7] and candidates can win by focusing their resources on just a few "swing states". With this system, the pair of candidates (running for president and vice-president) who had received the highest number of votes would win the presidency and vice presidency provided they won at least 40% of the national popular vote. Although faithless electors have never changed the outcome of a state popular vote, or the national total, that scenario was further weakened by the 2020 court case. Enfin, en 1876, le Colorado, nouvellement admis dans l'Union, choisit la voie législative par manque de temps et d'argent. Choice of the president should reflect the "sense of the people" at a particular time, not the dictates of a faction in a "pre-established body" such as Congress or the State legislatures, and independent of the influence of "foreign powers". Note: the day when the electors cast their votes is the first Monday after the second Wednesday in December. [220] However, the proposal was never considered again and died when the 91st Congress ended on January 3, 1971. If any State shall exclude any of her adult male citizens from the elective franchise, or abridge that right, she shall forfeit her right to representation in the same proportion. He hailed from South Carolina and was a slaveholder. Une fois déterminés, ces grands électeurs votent pour l'élection du président et du vice-président. By this method, voters in each district would cast their ballots for the electors they supported and the winner in each district would become the elector. The same clause empowers each state legislature to determine the manner by which that state's electors are chosen but prohibits federal office holders from being named electors. They argue that the two party system has provided stability because it encourages a delayed adjustment during times of rapid political and cultural change. In the general ticket, voters cast ballots for individuals running for presidential elector (while in the short ballot, voters cast ballots for an entire slate of electors). This is precisely what happened to New York in 1789 when the legislature failed to appoint any electors.[139]. Even though the aggregate national popular vote is calculated by state officials, media organizations, and the Federal Election Commission, the people only indirectly elect the president. Conversely, the institutional structure of a national popular vote system would encourage candidates to pursue voter turnout wherever votes could be found, even in safe states they are already expected to win, and in safe states they have no hope of winning. En conséquence, le Congrès proposa le 12e amendement, qui requiert que les grands électeurs votent séparément pour le président et le vice-président, en remplacement du système décrit dans la Constitution. L'apparition de partis politiques compliqua les élections de 1796 et de 1800. Madison and Hamilton were so upset by what they saw as a distortion of the original intent that they advocated a constitutional amendment to prevent anything other than the district plan: "the election of Presidential Electors by districts, is an amendment very proper to be brought forward," Madison told George Hay in 1823. [138], The Constitution gives each state legislature the power to decide how its state's electors are chosen[134] and it can be easier and cheaper for a state legislature to simply appoint a slate of electors than to create a legislative framework for holding elections to determine the electors. [59], By 1832, only South Carolina legislatively chose its electors, and it abandoned the method after 1860. D’où la signature d’un National Popular Vote Interstate Compact en 2006 mais qui n’a été approuvé pour le moment que par 12 États sur 50 (mars 2019). The Electoral College decreases the advantage a political party or campaign might gain for encouraging voters to turn out, except in those swing states. Make sure to update your bookmarks! Avant 1824, à chaque élection, au moins un quart des États avaient utilisé la voie législative pour désigner leurs grands électeurs. The general ticket is quite similar to the current system and is often confused with it. This was similar to how states are currently separated into congressional districts. Après le vote, les électeurs complètent le certificat de vote. 10, James Madison argued against "an interested and overbearing majority" and the "mischiefs of faction" in an electoral system. Proponents of the current system argue the collective opinion of even a small state merits attention at the federal level greater than that given to a small, though numerically equivalent, portion of a very populous state. 7 – 116th Congress (2019–2020): Proposing an amendment to the Constitution of the United States to abolish the electoral college and to provide for the direct election of the president and vice president of the United States", "Text – S.J.Res. Le collège électoral est l’une des institutions qui reflètent la conception de l’Amérique en tant que république fédérale, ce qui signifie que l’autorité est divisée entre différents niveaux de gouvernement, a souligné l’historien Allen Guelzo du Gettysburg College dans la revue National Affairs. USA Le collège électoral confirme la victoire de Donald Trump. Joe Biden clinches electoral college win as California certifies Even as Biden and Vice President-elect Kamala Harris proceed with the transition to a … Senator Bayh indicated that supporters of the measure were about a dozen votes shy from the 67 needed for the proposal to pass the full Senate. It prevents instances where a party dominant in one state may dishonestly inflate the votes for a candidate and thereby affect the election outcome. The Certificates are arranged – unopened – in alphabetical order and placed in two special mahogany boxes. This amendment refers to "the right to vote at any election for the choice of electors for President and Vice President of the United States" (among other elections). Additionally, the Twelfth Amendment states a "majority of the whole number" of senators (currently 51 of 100) is necessary for election. [30], The Convention approved the Committee's Electoral College proposal, with minor modifications, on September 6, 1787. The 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, 146 U.S. 1 (1892). They [the framers of the constitution] have not made the appointment of the President to depend on any preexisting bodies of men [i.e. In the election of 1872, defeated Liberal Republican candidate Horace Greeley died during this time interval, which resulted in disarray for the Democratic Party, who also supported Greeley, but 63 of the 66 the Greeley electors split their votes for four alternate candidates. In 2013, the Virginia proposal was tabled. The Office of the Federal Register is charged with administering the Electoral College.[85]. [193] However, it has been argued[who?] Un électeur infidèle (faithless elector) est un électeur qui vote pour un autre candidat que celui pour lequel il a été élu ou qui refuse de voter pour un quelconque candidat. Thereafter, the Senate majority leader, Mike Mansfield of Montana, moved to lay the proposal aside so the Senate could attend to other business. [118] However, the United States Supreme Court has consistently ruled that state restrictions are allowed under the Constitution. [88] In those states, the winner of the popular vote in each of its congressional districts is awarded one elector, and the winner of the statewide vote is then awarded the state's remaining two electors. L'élection du président et du vice-président des États-Unis est indirecte. [123] The sitting vice president is expected to preside, but in several cases the president pro tempore of the Senate has chaired the proceedings. As noted above, the two situations in which legislative choice has been used since the Civil War have both been because there was not enough time or money to prepare for an election. The House of Representatives has chosen the president only twice: in 1801 under Article II, Section 1, Clause 3; and in 1825 under the Twelfth Amendment. These certificates are opened during a joint session of Congress, held in the first week of January, and read aloud by the incumbent vice president, acting in his capacity as President of the Senate. [221], President Carter's proposed program for the reform of the Electoral College was very liberal for a modern president during this time, and in some aspects of the package, it went beyond original expectations. [33], In The Federalist Papers, James Madison explained his views on the selection of the president and the Constitution. [51] So the slate of electors chosen by the state were no longer free agents, independent thinkers, or deliberative representatives. 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. Tous les États exigent que les noms de tous les candidats soient transmis au secrétaire d'État de l'État (ou le poste équivalent) au moins un mois avant l'élection. 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. La méthode fut utilisée par les États suivants (années entre parenthèses) : La méthode des districts (également nommée « méthode Maine-Nebraska ») consiste à élire un grand électeur par district congressionnel, les deux derniers étant sélectionnés sur la base des suffrages exprimés dans l'intégralité de l'État. Les parties pertinentes de chaque certificat sont lues pour chaque État, dans l'ordre alphabétique. D'ailleurs, depuis la guerre de Sécession, la voie législative ne fut employée que par manque de temps ou de moyens. Section 3 also specifies 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. The electors sometimes choose a secretary, often not himself an elector, to take the minutes of the meeting. [191] Because Banzhaf's method ignores the demographic makeup of the states, it has been criticized for treating votes like independent coin-flips. Note: three electoral votes which were still cast for Greeley, despite him being dead, were rejected. daccess-ods.un.org. Under the implemented method, one electoral vote goes per the plurality of the popular votes of each congressional district (for the U.S. House of Representatives); and two per the statewide popular vote. Before the advent of the "short ballot" in the early 20th century (as described in Selection process) the most common means of electing the presidential electors was through the general ticket.
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