Electoral College Procedure
12th Amendment to the United States Constitution
What does the Electoral College Procedure mean?
The Twelfth Amendment revised the Electoral College procedure, requiring electors to cast separate ballots for President and Vice President. It was adopted after the problematic election of 1800, in which Thomas Jefferson and his running mate Aaron Burr received the same number of electoral votes, sending the election to the House of Representatives.
Source: U.S. Const. amend. 12
Original Text
“The Electors shall meet in their respective states and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same state with themselves; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice-President.”
Plain-English Explanation
The Twelfth Amendment revised the Electoral College procedure, requiring electors to cast separate ballots for President and Vice President. It was adopted after the problematic election of 1800, in which Thomas Jefferson and his running mate Aaron Burr received the same number of electoral votes, sending the election to the House of Representatives.
The amendment also specifies that if no candidate receives a majority of electoral votes, the House selects the President from the top three candidates (each state delegation getting one vote), while the Senate selects the Vice President from the top two candidates.
Key Doctrines
Landmark Cases
Ray v. Blair
(1952)Upheld the power of states to require presidential electors to pledge to vote for their party's nominee, finding that the Twelfth Amendment does not prohibit such pledge requirements.
Chiafalo v. Washington
(2020)Held that states may enforce laws binding presidential electors to vote for the candidate who wins the state's popular vote, effectively allowing states to penalize or replace faithless electors.
Exam Relevance
The Twelfth Amendment is tested in the context of the Electoral College system, presidential selection, and federalism. Understand the contingent election procedure and how it differs from the original Article II process.
Modern Applications
- Faithless elector laws and the National Popular Vote Interstate Compact
- Debates over Electoral College reform and abolition
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