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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