The Electoral College, Simplified

The Electoral College refers to the institution—and by extension, the process—used to elect the next president of the United States every four years. This model for electing the president was first outlined in the U.S. Constitution and has evolved since its original adoption in 1787.

Below, we address frequently asked questions about the Electoral College and its role in U.S. presidential elections:

1. What is the Electoral College?
2. How does my vote count in the Electoral College?
3. Who are the electors?
4. How and when do electors cast their votes?
5. How are electoral votes counted and certified?
6. How has the Electoral College changed over time?

What is the Electoral College?

Established by Article II, Section 1, clause 2 of the U.S. Constitution, the Electoral College is the institution through which the next president of the United States is chosen. There are 538 total electors who cast their vote, and a presidential candidate must achieve a simple majority of electoral votes (270) to win the election.

Each state receives at least two electoral votes—one electoral vote per senator—and an additional number of votes equal to the state’s number of representatives in the House of Representatives. This ensures that even the least populus states receive at least three electoral votes. This system for allocating votes means that as state populations fluctuate with each decennial census, states’ total electoral college votes are responsive to changes in the composition of the country.

The presidential election is the only U.S. election in which the Electoral College is used to elect the winning candidate; the popular vote is used to determine all congressional, state, and local races.

How does my vote count in the Electoral College?

Forty-eight states and Washington, D.C. award all their electoral votes to the candidate who receives the greater vote share statewide (“winner take all”). The two exceptions are Maine (four electoral votes) and Nebraska (five), which each allot two electoral votes to the candidate who wins the most votes statewide. The remaining votes are allocated to candidates according to the winner of each congressional district, meaning that the states’ electoral votes may be split between two or more candidates.

It is possible for a candidate to win the most votes nationally but lose the electoral vote, ultimately losing the election. An election in which the winning candidate for president did not win the most individual votes has only occurred five times in U.S. history, most recently in 2016:

• John Quincy Adams (1824)
• Rutherford B. Hayes (1876)
• Benjamin Harrison (1888)
• George W. Bush (2000)
• Donald Trump (2016)

Who are the electors?

Electors are typically elected officials or significant party members, and each state legislature determines the process and timeline for selecting its electors. Article II of the Constitution, however, prevents sitting senators and members of Congress from serving as electors. In many states, electors are nominated during their party’s nominating conventions just like other candidates who appear on the ballot. By casting your vote on or before Election Day, voters play a role in the process of formally “selecting” your state’s electors.

How and when do electors cast their votes?

After Election Day, each state’s chief election official (in most states, the Secretary of State) prepares a certificate of ascertainment detailing the names of and total number of votes cast for each elector. Electors are then required to convene in person in their states to formally cast their votes on “the first Tuesday after the second Wednesday in December following the general election” (December 16, 2024). A certificate of ascertainment is attached to each copy of the electors’ ballots, one copy of which is submitted to the vice president to be counted and certified by Congress.

Electors are not bound by the Constitution or federal law to vote according to the popular vote in their state; however, 38 states and Washington, D.C., have laws in place requiring electors to vote for their party’s pledged candidate. The Supreme Court decision in Chiafalo v. Washington (2020) ruled that states are permitted to enforce penalties—including fines, replacement as an elector, and potential prosecution—against “faithless electors,” or those who vote against the popular vote in their state.

How are electoral votes counted and certified?

Congress convenes a joint session in January (January 6, 2024) to count and certify each states’ electoral votes. The vice president, as president of the Senate, presides over the meeting and announces who has been elected.

How has the Electoral College changed over time?

The process for electing a president and vice president through the Electoral College was altered by the ratification of the 12^th Amendment in 1804. The original process outlined in the Constitution awarded two votes per elector, who were permitted to vote for whichever two candidates they found fit for the presidency (with the requirement that at least one be from another state than the elector’s own). The candidate receiving a majority of votes would become president, with the runner-up becoming vice president.

A tie in the 1800 presidential election—which was decided by a one-vote-per-state election, or “contingent election,” in the House of Representatives—exposed shortcomings in this structure, prompting the 12^th Amendment. From the 1804 presidential election onwards, electors were required to cast one vote each for president and vice president. Electors are still required to cast one vote for a candidate from another state as their own, which in practice dissuades presidential candidates from choosing a vice-presidential running mate from their same state of residency.

Additionally, the adoption of the 23^rd Amendment in 1960 awarded three presidential electors to Washington, D.C., bringing the total number of electors to 538. In 2022, the passage of the Electoral Count Reform Act further clarified the specific roles and duties of Congress and the vice president in counting the Electoral College certificates and ensured that Congress receives and considers electoral votes that accurately reflect the results of the election.