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Showing posts with label electoral college. Show all posts
Showing posts with label electoral college. Show all posts

Monday, December 19, 2016

Could Faithless Electors Put Hillary In Office?





Could "faithless electors" put Clinton in office? Trump has 306 electors pledged to him and needs 270 to win. So at least 37 electors pledged to Trump would have to be "faithless" and vote for Clinton or another candidate instead for the Republican to lose.


Electoral College members will meet Monday around the country to place their votes for president of the United States.
It is a constitutionally mandated ritual every four years that this year Americans will watch with interest.
The Electoral College's usually ceremonial role has come under focus in the aftermath of the 2016 election due to a number of factors -- including that Democrat Hillary Clinton won the national popular vote by a significant margin, and the finding by the CIA and FBI that Russia used hacking to try to influence the election.
In light of these circumstances, pundits and members of the public are considering what role the 538 electors can and should play in deciding the final outcome of the election.
Public demonstrations opposed to Trump are expected in all 50 states and Washington, D.C., on Monday to encourage electors to vote in line with the national popular vote, protest organizers said. The Progressive Change Campaign Committee, which is spearheading several of the events, said its goal is to talk to electors as they enter the meetings in their respective states to help them feel supported should they decide to vote according to the popular vote.
While it is possible that a few electors who are pledged to Trump could go "faithless" and vote for Clinton or another candidate, most experts expect that Trump will get the 270 electoral votes he needs to win.
Here are some quick insights into the Electoral College vote:
What Happens on Monday? Electors will gather in their respective state capitols to engage in a voting process that is open to the press. The earliest results will likely come in after 10 a.m. ET and the latest around 7 p.m. ET.
Who Are The Electors? The Electoral College has 538 members, a number drawn from the sum of the total number of U.S. senators and House members plus three additional electors for Washington, D.C. All states except Maine and Nebraska are winner-take-all, meaning that whichever candidate wins the state’s popular vote gets all the electors. Maine and Nebraska do it differently: Two electors vote for whoever won the state popular vote, plus one elector for each congressional district goes to whoever won that district.
In most states, electors are chosen among political party activists. “Generally, the parties select members known for their loyalty and service to the party, such as party leaders, state and local elected officials and party activists,” according to the National Conference of State Legislatures.
Faithless Electors? ABC News has identified only one elector pledged to Trump -- Chris Suprun from Texas -- who has said he won’t vote for the Republican candidate. Suprun in an interview on ABC News’ "Nightline" this week referred to the Russian hacking, saying he was "concerned when a foreign government intrudes on our elections. They're not doing it with our best interest in mind. I don't think we deserve a classified briefing but I do think we should get as many facts as information we can without compromising sources or methods that the intelligence community can provide."
What about Russia? As of Sunday, 80 electors, all but one of whom are pledged to Clinton, have signed a letter urging Director of National Intelligence James Clapper to give them classified briefings on Russia’s hacking and any of its other cyberactivities related to U.S. elections. Christine Pelosi, House Democratic Leader Nancy Pelosi's daughter, who spearheaded the action, said electors needed to be fully informed on the issue before they cast their votes.
What about Hamilton? Founding father Alexander Hamilton warned in Federalist Paper No. 68 that there may be "the desire in foreign powers to gain an improper ascendant in our councils." The Electoral College, he implied, could serve as a fail-safe to prevent a candidate who may represent the interests of a foreign power from taking office. Some political activists and Hollywood celebrities opposed to Trump have said Hamilton's words provide a basis for electors to vote against Trump on Monday.
Could "faithless electors" put Clinton in office? Trump has 306 electors pledged to him and needs 270 to win. So at least 37 electors pledged to Trump would have to be "faithless" and vote for Clinton or another candidate instead for the Republican to lose. Thirty states have laws that require electors to vote as pledged. However, no elector in any state has ever been penalized or replaced, and none of these state laws has been fully vetted by the courts, according to the National Conference of State Legislatures.
The last time an elector crossed party lines was in 1972, when an elector nominated by the Republican Party cast his ballot for the Libertarian ticket, according to the National Conference of State Legislatures.
Faithless electors' votes could probably still be counted, according to Richard Winger, editor of Ballot Access News. Winger said there have been 157 faithless electors in our history, and Congress has counted every single one of those votes except for a case of three electors who voted for a dead man, Horace Greeley, in 1872. But Ned Foley of the Moritz College of Law said that Congress could still stop potential faithless electors, telling ABC News: "Even if there were 37 faithless electors, ultimately what matters is what Congress does on Jan. 6," when it counts electors' votes.
Congress certifies the final election results.
What if no one gets to 270? In the highly unlikely event that neither Clinton nor Trump gets 270 electoral votes, then the House of Representatives would vote and choose the next president.

Friday, December 16, 2016

How the Electoral College voting will unfold on Monday?

National Constitution Center 


On November 8, 2016, voters around the country to choose electors pledged to represent their party candidates in Electoral College voting. In the end, 306 electors were pledged to Donald Trump and 232 were pledged to Hillary Clinton. In the overall popular vote, which is not a factor in the Electoral College, Clinton led Trump by about 2.8 million votes. On December 13, 2016, the states and the District of Columbia filed certificates of ascertainment with a federal government agency. The Office of the Federal Register coordinates the Electoral College process, and on rare occasions, it also handles the administration of the constitutional amendment process. In May 1950, President Harry Truman signed Reorganization Plan No. 20, which transferred the administration of the Electoral College from the Secretary of State to the Office of the Federal Register. Since then, the office has overseen the Electoral College process.
The Office and its Archivist receives two documents from each state. One is the Certificate of Ascertainment, which confirms that the state’s chief executive has validated the election results and the names of qualified electors chosen to represent each candidate. This year, the certificates were due on December 13 under the federal safe-harbor law. Once the certificates are verified, they are posted on the Office’s website. On December 19, the Electoral College meetings are held. The Archivist sends general instructions to the state in advance about how the Electoral College meetings should be conducted. Federal law does not allow the states to choose an alternate date for the meeting of electors—it must be held on the first Monday after the second Wednesday in December. The state legislature designates where the meeting will take place; it is usually at the state capital. At this meeting, the electors for the candidate with the most certified votes cast their votes for President and Vice President. If any electors are unable to carry out their duties on the day of the Electoral College meeting, the laws of each state determine the method for filling vacancies. Any controversy concerning the appointment of electors must be decided under state law at least six days prior to the meeting of the electors. State laws also determine how the Electoral College deals with faithless electors who cast votes for candidates other than those whom they pledged to vote for. In some cases, their votes are registered. According to information about the Electoral College proceedings from the National Association of Secretaries of States, Electoral College voting is conducted between 9 a.m. and 3 p.m. local at various state capitals and at the District of Columbia. The Associated Press called the Electoral College vote for Barack Obama shortly before 6 p.m. Eastern Time on December 17, 2012. Of the 51 Electoral College meetings, 23 states and the District of Columbia have provisions requiring that electors vote for the nominees of their pledged parties. In some cases, as in Michigan, faithless electors are disqualified and replaced by alternates. “Refusal or failure to vote for the candidates for president and vice-president appearing on the Michigan ballot of the political party which nominated the elector constitutes a resignation from the office of elector, his vote shall not be recorded and the remaining electors shall forthwith fill the vacancy,’ the Michigan law reads. It’s unclear what happens in states that bar faithless electors but don’t provide for their disqualification. Most of these states have laws that say electors “shall” vote for their party’s nominee. Colorado law, for example, says “each presidential elector shall vote for the presidential candidate and, by separate ballot, vice-presidential candidate who received the highest number of votes at the preceding general election in this state.” A Colorado state judge on Tuesday ruled that any faithless electors violating this provision in the state law would suffer the same fate as Michigan’s faithless electors. After the voting is concluded, the state-level secretaries of states transmit the results to the Office of the Federal Register on or after December 19, 2016 after the electors sign and seal a Certificate of Vote for each state. Other copies go to the Vice President (as president of the Senate) and other officials. As the results of the Certificates of Vote are confirmed by the Office of the Federal Register, they are posted on its website. The certificates must be received by December 28. Then, the Archivist meets with House and Senate clerks by January 3, to prepare paperwork for the January 6, 2017 reading of the votes at a joint session of Congress. During the joint session starting at 1 p.m., the votes are read out loud in alphabetical order by state. Member of Congress can object by voice and in writing to contest a set of votes from a state. But unless the House and Senate agree to disqualify the votes, they are counted in the final tally and a President and Vice President are elected.