"The first question that offers itself is, whether the general form and aspect of the government be strictly republican. It is evident that no other form would be reconcilable with the genius of the people of America; with the fundamental principles of the Revolution; or with that honorable determination which animates every votary of freedom, to rest all our political experiments on the capacity of mankind for self-government. If the plan of the convention, therefore, be found to depart from the republican character, its advocates must abandon it as no longer defensible."
James Madison, Federalist No. 39
Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector.
The Electors shall meet in their respective States, and vote by Ballot for two Persons, of whom one at least shall not be an Inhabitant of the same State with themselves. And they shall make a List of all the Persons voted for, and of the Number of Votes for each; which List they shall sign and certify, and transmit sealed to the Seat of the Government of the United States, directed to the President of the Senate. The President of the Senate shall, in the Presence of the Senate and House of Representatives, open all the Certificates, and the Votes shall then be counted. The Person having the greatest Number of Votes shall be the President, if such Number be a Majority of the whole Number of Electors appointed; and if there be more than one who have such Majority, and have an equal Number of Votes, then the House of Representatives shall immediately chuse by Ballot one of them for President; and if no Person have a Majority, then from the five highest on the List the said House shall in like Manner chuse the President. But in chusing the President, the Votes shall be taken by States, the Representation from each State having one Vote; A quorum for this Purpose shall consist of a Member or Members from two thirds of the States, and a Majority of all the States shall be necessary to a Choice. In every Case, after the Choice of the President, the Person having the greatest Number of Votes of the Electors shall be the Vice President. But if there should remain two or more who have equal Votes, the Senate shall chuse from them by Ballot the Vice President.
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, and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice-President, and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate; -- the President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates and the votes shall then be counted; -- The person having the greatest number of votes for President, shall be the President, if such number be a majority of the whole number of Electors appointed; and if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President. But in choosing the President, the votes shall be taken by states, the representation from each state having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice. And if the House of Representatives shall not choose a President whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice-President shall act as President, as in case of the death or other constitutional disability of the President.-- The person having the greatest number of votes as Vice-President, shall be the Vice-President, if such number be a majority of the whole number of Electors appointed, and if no person have a majority, then from the two highest numbers on the list, the Senate shall choose the Vice-President; a quorum for the purpose shall consist of two-thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States.
Each State Gets a Certain Number of Electors
Each state has a set number of electoral votes. This number is based on how many members the state has in Congress:
Senators: Every state has 2.
Representatives: The number depends on the state’s population (bigger states have more).
For example:
California (a large state) has 54 electoral votes.
Wyoming (a small state) has 3 electoral votes.
Due to the 23rd amendment, DC gets the same number of electors as the least populous state
In total, there are 538 electors. A candidate needs a majority—270 electoral votes—to win.
Election Day: People Vote
When you vote for president, you’re actually voting for a group of electors pledged to that candidate. These electors make up the Electoral College.
"Winner-Takes-All" (in Most States)
In 48 states and Washington, D.C., the candidate who gets the most votes in a state wins all of that state’s electoral votes.
Example: If Candidate A wins 51% of the vote in Florida, they get all 30 of Florida’s electoral votes.
Two states (Maine and Nebraska) do it differently by splitting electoral votes based on districts and the statewide winner.
Electors Cast Their Votes
In December, the electors meet in their state capitals to officially cast their votes for president and vice president.
Congress Counts the Votes
In January, Congress counts the electoral votes. The candidate with at least 270 votes becomes the next president.
In the event of a tie (269-269), the House decides the winner, with each state delegation getting 1 vote
Swing states are the states that are close to a 50-50 balance between Democrats and Republicans, meaning that with each election, they may "swing" from one party to the other.
Typically, whichever candidate can get the most swing states to vote for them comes out on top of the election.
Something to remember: Swing states are always changing. In 2000, Florida was a (very important) swing state; now it consistently votes for the Republican candidate. Similarly, Colorado was a swing state up until 2008 but has voted for the Democrat in every election since.
This map shows the current status of states as swing states, as of 2024.
This map shows states that haven't changed the way they vote since 2000:
Here's a breakdown of where each state sits in relation to how close they are to being a swing state, or how "safe" they are for either party.
You'll notice that some states seem to appear multiple times (Maine and Nebraska). This is because they are not a "winner-take-all" state, meaning that each congressional district awards their own elector, based on the results. Both Maine and Nebraska have a district that leans in a different direction than the rest of the state. On the map above those two districts do appear as swing districts, but they are not usually brought up in conversations about swing states for two reasons:
They are only worth one elector each, meaning they are fairly inconsequential compared to large swing states like Pennsylvania.
They often offset one another- the Nebraska (a safe Republican state) district often votes Democratic, and the Maine (a lean Democratic state) district often votes Republican. Thus in the list below, they are regarded as lean Democrat/Republican, rather than truly swing.
California
Colorado
Connecticut
Delaware
Hawaii
Illinois
Maine (1)
Maryland
Massachusetts
New Jersey
Oregon
Rhode Island
Vermont
Washington
D.C.
Maine
Minnesota
Nebraska (2)
New Hampshire
New Mexico
Virginia
Arizona
Georgia
Michigan
Nevada
North Carolina
Pennsylvania
Wisconsin
Florida
Iowa
Maine (2)
Texas
Alabama
Alaska
Arkansas
Idaho
Indiana
Kansas
Kentucky
Louisiana
Mississippi
Missouri
Montana
Nebraska
Nebraska (1)
Nebraska (2)
North Dakota
Ohio
Oklahoma
South Carolina
South Dakota
Tennessee
Utah
West Virginia
Wyoming
It's important to remember, though, that the number of states a candidate wins doesn't automatically determine their overall victory. Many states have lots of land, but not a lot of people. Alternatively, some states have lots of people jammed into small areas. So while winning states DOES help someone get electors via the two senate seats allocated, it does not automatically mean they have an upper hand. Compare the two maps below.
This map shows the results based solely on who won each county
Whereas this map shows where votes are concentrated.
Some people who aim to defend the Electoral College point to the map on the left and claim that the Electoral College is fairer, because it serves more of the country's will. Whereas people who wish to discredit the Electoral College point to the map on the right to showcase that much of the areas that show up as red on the first map are basically empty lands.
Both of these arguments are somewhat disingenuous, but both can be true.
Land doesn't vote- people vote.
States also vote, not just people.
So, both maps showcase something, but neither get down to the crux of what the electoral college is all about- balancing the ideals and values of both democracy and federalism.
Both of these maps point to one thing- winning swings states is very important. In each swing state there is at least one population epicenter- and with that comes a lot of electors.
Disproportionate Representation
States with smaller populations have disproportionately higher influence per voter compared to larger states because every state has a minimum of three electoral votes regardless of population size.
For example, a vote in Wyoming carries much more weight than a vote in California.
"Winner-Takes-All" System
Most states use a winner-takes-all approach, where the candidate receiving the majority of the popular vote in that state gets all its electoral votes.
This system can result in the disenfranchisement of voters who supported the losing candidate within their state.
Possibility of a Popular Vote/Electoral College Mismatch
A candidate can lose the nationwide popular vote but still win the presidency by securing a majority of electoral votes. This has occurred in several elections, including in 2000 and 2016.
Critics argue this undermines the principle of "one person, one vote."
Focus on Swing States
Candidates tend to concentrate their campaigns on a few battleground or swing states that are more competitive, often ignoring states that are solidly "red" or "blue."
This means the concerns of voters in swing states often take precedence over those in other parts of the country.
Potential for "Faithless Electors"
While rare, there is the possibility that an elector may vote contrary to the pledged candidate of their state, raising concerns about accountability and the integrity of the system.
Barrier to Third Parties
The Electoral College makes it difficult for third-party or independent candidates to gain traction, as winning a plurality in a state is typically required to receive electoral votes.
This reinforces the two-party system.
Complexity and Lack of Transparency
The system is seen as overly complicated and not well understood by many voters, potentially reducing trust in the electoral process.
Historical Roots in Slavery
Some critics point out that the Electoral College was partially designed to balance power between Northern and Southern states by including enslaved populations (via the Three-Fifths Compromise) in population counts for determining electoral votes, which they argue taints its origins.
Inflexibility in Modern Times
The system was designed for a different era, and critics argue it does not align well with modern democratic ideals and population distributions.