LC 14*2/!L:9'1-/5~ port No. 84-150A 780 1107 PROPOSALS TO REFORM OUR PRESIDENTIAL ELECTORAL SYSTEM: A SURVEY OF THE HISTORICAL BACKGROUND AND DEVELOPMENT OF THE ELECTORAL COLLEGE, AND A COMPILATION OF PROPOSALS TO REFORM IT, WITH PRO AND CON ANALYSES GOVERNMENT DOCUMENTS COUECTtON Thomas M. Durbin Legislative Attorney American Law Division August 1, 1980 Updated August 1, 1984 The Congressional Research Senice works exclusivelv for the Congress, conducting research. analvzing legdaticn. and providing information at the request of committees, hlern- bers, and their staffs. The Service makes such research available, without parti- san bias, in many forms including studies, reports, compila- tions, digests, and background briefings. Upon request, CRS assists committees in analyzing legslative proposals and issues, and in assessing the possible effects of these proposals and their alternatives. The Service's senior specialists and subject analysts are also available for personal consultations in their respective fields of expertise. CRS -iii ABSTRACT Tnie report discusses the present nethod of electin6 the President by the dlectoral Gollege. This report discusses the various state laws relating to the nomination and election of Presidential electors. The various proposals to reform the 2resent system of electing the President are discussed. EXECUTIVE SUMMARY This report is essentially concerned with the proposals to reform the present Electoral College system. The first part of the report pertains to the introduction, background, and history of the Elector a1 College . The problem of the faithless elector is discussed. Also discussed are the pro- cedures for filling any vacancy if a presidential or vice presidential candi- date or a president-elect or a vice president-elect were to die. The second part concerns state laws that regulate the nomination and election of presidential and vice presidential electors. The various methods of appointing electors,whether by state party conventions, or by state party committees, or by state party primaries, are examined. And summaries of the various laws of the States and the District of Columbia are examined, The third, fourth, and fifth parts of the report discuss in general the movement for the reform of the Electoral College. The various arguments favoring the retention of the present system are analyzed and contrasted with the arguments against the present system. The sixth part analyzes the four types of proposals to reform the present Electoral College system, The four reformative proposals include: (1) the direct election plan; (2) the district plan; (3) the proportional plan; and (4) the automatic plan. The direct election plan would provide for the direct election of the president and the vice president by the popular vote cast through- out the United States. The district plan would preserve the Electoral College system and provide that electors be chosen by the voters from the districts created within each with each state having in addition two at-large electors. Under the proportional plan, the Electoral College would be abolished, and the electors would be apportioned among the presidential and vice presidential candidates according to the number of popular votes received, thereby eliminating the winner-take-all aspect of the present system. And the auto- matic plan would abolish the Electoral College and simply award the electoral votes of each state to the presidential and vice presidential candidates who received the greatest number of popular votes in the state. Pro and con arguments for each of these proposals are examined. The seventh part examines recent congressional proposals for the reform of the Electoral College. Proposals in the 94th, 95th, 96th, 97th, and 98th Congresses are analyzed. CRS -vii CONTENTS Abstract.~................................~...m..~....e. Executive Summary..................................... I. Introduction ....................................... General Election and Election of Electors.. ....... Contested Elections of Presidential Electors.. .... Certification of Electors Sent to Administrator of General Services.. .......................... Persuading the Elected Electors.. ............... Meeting of the Electoral College.. ................ Counting of Electoral Votes at a Joint Session of Congress .......................................6 Faithless Elector.. ............................ 9 Election Thrown Into House.. .................... 11 Absence of a Majority of Electoral Votes for a Vice President.. ............................... 17 Death of a Presidential Candidate or President-. Elect.......................................... 19 1. Death of a Presidential Candidate.. ............ 19 2. Death of a President-Elect or a Vice President- Elect Before Inauguration.. ................... 20 3. Death of Presidential and Vice Presidential Candidates Not R.eceiving a Majority of Electoral Votes Before the House and Senate Meet to Elect Them....................................... 21 Failure to Elect By Inauguration Day. ............. 2 3 CRS -viii L . President and Vice President Being R.esidents of Same State.................................... 23 11 . State Laws Concerning the Nomination and Election of Presidential and Vice Presidential Electors .................... 25 A . Appointment of Electors .......................... 25 B . State Party Conventions ...........................28 C . State Party Committees........................... 28 D . State Party Primaries ............................ 29 E . Summaries of State Laws Relating to the Nomina- tion and election of Presidential Electors ........... 30 III . Development of the Electoral College And Movement for Reform .. 112 IV . Arguments In Favor of Retaining the Present System ............ 117 V . Arguments Against the Present System ........................ 120 VI . Proposals to Reform the Present System ...................... 127 A . Direct Election Plan............................ 129 B . District Plan................................... 151 C. Proportional Plan............................... 164 D . Automatic Plan................................. 180 VII . Proposals in the 94th. 95th. 96th. 97th. and 98th Congresses to Reform the Present Method of Electing the President and thevice President .......................................... 190 A . 94th Congress Proposals ...................... .. 190 B . 95th Congress Proposals ........................ 195 C . 96th Congress Proposals ........................ 200 D. 97th Congress Proposals.. ......................... 204 E. 98th Congress Proposals..... .,................... 208 PROPOSALS TO R.EF0R.M THE ELECTORAL COLLEGE I. Introduction A. General Election and Election of Electors The President of the United States is not elected directly by the people as are Senators and Representatives, but indirectly, by the Electoral College, which is composed of Presidential electors rho are elected directly by the peo- ple. rhe donstitution of the United States provides that "Each State shall ap- point, in such manner as the Legislature thereof may direct, a number of elec- tors, equal to the whole number of Senators and Representatives to rhich the State mag be entitled in Congress" (U.S. Const., art. 11, $ l), and the twenty- third amendment provides for electors from the District of <olumbia. All States and the district of Columbia provide for "appointment" of electors throu&h direct election by the people. In 1984 there were 53 States with a total of 103 Sena- ' tors and 435 Representatives, plus three electors from the District of iolumbia; thus the total number of Presidential electors in 1984 was 538. Under the constitution, Congress has the reaponsibilitj of setting the date on which electors are chosen and also of setting the date on which such electors shall meet and cast their votes (U.S. ionst., art. 11, $ 1). Longress, accord- ingly, has set the Zuesday after the first rlondaj in ~Vovenber in every fourth year as the date for choosing the electors, and the first donday after the second gednesday in December next following their election as the date on which such electors shall meet and cast their votes (3 U.S.C. 3s 1, 7). In practice, in every State except Maine, the 2olitical party obtaining a 9luralitg of votes, no matter how small, names the entire slate of electors. This practice, however, is not required by the ionstitutlon, and each State is free to change it at will. tlaine is the only State that has a lad that provides that presidential electors of each congressional district shall cast their bal- lots for candidates of President and fice President of the political party uhich received the largest number of votes in each congressional district. That sta- tute provides : The Presidential Electors at large shall cast their ballots for presidential and vice-presidential candidates who received the largest number of votes in the State. The Presidential Electors of each congressional district shall cast their ballots for presidential and vice-presidential candidates who received the largest number of votes in each con- gressional district. (Maine Rev. Stat. Ann., tit. 21, sec. 1184 1-A) 8. Gontested Elections of Presidential Electors rhe next step is the counting of the ballots and the canvassing of the votes for $residential electors in each State. Congress has enacted two provisions respecting the election of the electors by the States. Pirst, Section L of title 3, United States Code, provides that unenever any State has held an