How the electoral college works
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Illustration: Allie Carl/Axios
With hours left until Election Day, the presidential race between former President Trump and Vice President Harris remains a coin-toss, meaning every electoral vote is crucial for a victory.
The big picture: While voters cast ballots for presidential candidates Tuesday, they are also selecting electors who will ultimately decide who the next president will be.
- The candidate who wins the popular vote is not guaranteed to win the electoral college.
- Such was the case most recently in 2016, when Hillary Clinton won the popular vote by nearly 3 million votes but lost by a combined 80,000 votes in three swing states that cemented Trump's path to victory.
- Democrats have railed against the electoral college system, which has favored Republicans in recent cycles, because of the disproportionate power of small states.
State of play: In the 2024 election, the road to clinching 270 delegates will likely come down to a handful of swing states for either candidate.
- Seven swing states are in play, and among them, there's a wide range in how much each ballot contributes to a single electoral college vote.
What is the electoral college?
The electoral college is a process established in the U.S. Constitution to elect the president and vice president.
- It was, in part, a compromise between electing a president by a vote in Congress and by a popular vote of qualified citizens.
How many electors are there?
The electoral college consists of 538 electors. A presidential candidate must secure a majority of their votes, 270, to win.
- Each state has the same number of electors as it does Congressional members — two Senators plus one for each House member (so at least three each).
- The larger a state's population, the more votes it gets.
- Washington, D.C., is allocated three electors and for purposes of the electoral college is considered a state.
How does the electoral college work?
In 48 states, the candidate who receives the most electoral votes wins them all.
- Nebraska and Maine instead award two electoral votes to the winner of the popular vote and the remaining electors go to the candidate who wins the popular vote each congressional district.
In nearly every state, the candidate who receives the most votes on Election Day in November wins the electoral votes for that state.
- Then, state electors meet in mid-December and cast votes for president. The candidate who receives the majority of votes wins the White House.
- On Jan. 6, Congress meets to count and certify the votes in a special session overseen by the vice president.
How are electors selected?
The process of how electors are selected and what their responsibilities are may vary by state.
- Generally, political parties in each state choose their electors every four years ahead of the general election.
- During the general election, when voters cast ballots for a candidate, they are voting to select their state's electors.
Who are "faithless electors" and what are their obligations?
Electors pledge to vote for the candidate of their party if that candidate wins the popular vote in their state (or in the case of Maine and Nebraska, in their district).
- "Faithless electors" vote for a candidate other than the one for whom they pledged.
- Neither the Constitution nor federal statutes address this issue, so the matter of "faithless electors" is left to the states.
- Most states and D.C. have laws requiring electors to pledge to cast their votes for their parties' nominees. Fifteen states have laws that impose sanctions on electors who break that pledge.
- In July 2020, the Supreme Court held that a state can "penalize an elector" for failing to honor the pledge.
What happens if there's a tie?
In the event of a 269 to 269 tie among electors the newly-elected House of Representatives decides the next president. Each state votes as one.
- Such was the case in 1801, after a tie between Thomas Jefferson and Aaron Burr resulted in the House choosing the former.
- The newly elected Senate would select the vice president, with each senator having one vote.
Go deeper: A clear-eyed view of what's coming: 76 days from Election Day to inauguration
