Page 5 - ISQ October 2020
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                                       The Electoral Process Explained



              Each state appoints a  Number of Electors equal to the   remove and replace electors voting in a different manner
              whole  Number of Senators and  Representatives in  the   than their state popular vote, limiting the extent to which
              state.                                           faithless electors could likely influence the election out-
                                                               come.
              All states, except for Maine and Nebraska (who follow a
              district-level system), follow a ‘winner-takes-all’ approach   State legislators have broad powers over the elector
              to delegating electoral votes.                   selection process and the associated time-lines. Techni-
                                                               cally, it would be legal for legislatures to appoint electors
              Electors are not consistently legally bound to a given can-  that diverge from their state’s popular vote winner.
              didate and some have been ‘faithless’ in the past. A recent
              Supreme Court decision supported state laws that







                                                                                          All states, expect for Maine
                                                                                          and Nebraska (who follow
                                                                                          a district-level system),
                                                                                          follow a ‘winner-take-all’
                                                                                          approach to delegating
                                                                                          electoral votes.



                                                                            538 ELECTORAL TOTAL VOTES

                                                                            270 ELECTORAL VOTES NEEDED TO WIN













                            DECEMBER 8            DECEMBER 14         DECEMBER 23          JANUARY 6
         Congress has the   Current state-level statutes   The current statute   Another aspect of the   If electoral votes are not
       authority to determine the   require their state to resolve   states that votes should   current statute requires   received by Congress by the
        time that Electors are   disputes at least six days   be cast on the first   votes to be submitted to   fourth Wednesday, the President
       appointed and the date   prior to when Electors meet   Monday after the second   Congress by the fourth    of the Senate or the Archivist of
        that Electors cast their   and cast votes.  In some   Wednesday in   Wednesday in December.  the US are allowed to use “the
       votes.  This date is to be   instances, officeholders   December.                   most expeditious method
        consistent across the   have sent two electoral                                    available” to deliver votes to
          United States.    slates to Washington, DC for                                   Congress.  These votes are counted
                            adjudication.                                                  by Congress at 1 pm on January 6,
                                                                                           2021.







           Sources: ConstitutionCenter.org, Congressional Research Service, Archives.gov, GovExec.com, Raymond James Research
           All expressions of opinion reflect the judgment of the author, and are subject to change.

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