A Citizen's Guide to the Electoral College: How It Works in Elections

The U.S. presidential election happens every four years. All eligible voters can participate in the election to choose the next president of the United States. However, the president is not selected based on the popular vote. Instead, the U.S. uses an electoral college system to elect the president.

The Electoral College can be confusing for first-time voters. This provides an overview of the electoral system and how it works in U.S. presidential elections. For more information about the Electoral College and how it affects your voting rights, speak to a local voting civil rights attorney. 

What Is the Electoral College?

The Electoral College is the process for electing the president of the United States. It is not based on the popular vote. Electors represent the state’s election choice. Electors vote in favor of their state’s winning candidate.

For example, in 2020, California had 55 electors. Joe Biden won the state’s popular vote on Election Day. Those 55 electors voted for President Joe Biden in the 2020 Electoral College vote.

Each state gets a number of electoral votes based on members of Congress. Each state has two senators, and each senator receives one electoral vote. States also get one elector for each member of the House of Representatives. Members of the House are based on population. States with larger populations get more electoral votes. The District of Columbia is not a state, but Washington, D.C., gets three electoral voters.

For example, Florida’s population was more than 21 million, and Wyoming’s was fewer than 600,000. That year, Florida had 29 electoral votes for two state senators and 27 members of the House, while Wyoming had three electoral votes for two state senators and 1 House representative.

Who Are the Electoral College Electors?

Electors can be state elected officials, political party leaders, or others affiliated with the party. The major political parties (Democrat and Republican) in each state select their slate of electors, and the process can depend on the state. The parties can nominate electors during party conventions, and the party committee can also vote on state electors.

Why Do Some States Get More Electoral Votes?

The state’s electoral votes depend on congressional district representatives. The number of members of the House of Representatives is based on the state population. States with larger populations get more electors because they have more representatives in the House.

All states get a minimum of two electors from the two Senate seats in each state. This can result in smaller states having an overrepresented presence in the Electoral College. The states with the smallest populations include Wyoming, Vermont, and Alaska. The states with the largest populations include California, Texas, and Florida.

How Is the President Elected?

Candidates register with the Federal Election Commission before the election year. States and parties hold presidential primary elections and caucuses to select their candidates, including the president and vice president of the United States. The presidential election occurs on the first Tuesday after the first Monday in November.

The presidential candidate with the majority of Electoral College votes wins the election. Since the general election in 1964, the total number of presidential electors has been 538. The number of presidential electors for 2028 will remain 538. To get a majority of the elector votes, a candidate needs at least 270 electoral votes.

If no candidate gets the required number of votes (270 in 2028), the decision goes to the House of Representatives. Under the Twelfth Amendment to the U.S. Constitution, the members of the House can decide the election. For example, in 1824, no candidate got the majority of electoral votes, and the House elected John Quincy Adams.

What Are the Pros and Cons of the Electoral College?

Several criticisms of the Electoral College exist. In this model, there is no direct democratic election of the American president, and no other modern democracy uses an electoral college system to elect the president.

In an Electoral College, the presidential candidate with the most popular votes can still lose the election. This has happened several times since the country’s founding. In 1824, John Quincy Adams had more electoral votes, but Andrew Jackson got more votes overall. Most recently, in 2016, Hillary Clinton won the popular vote but lost the electoral race to President Donald Trump.

Even though parties choose electors who will vote in favor of their state’s winner, there is no guarantee that they will vote a certain way. Faithless electors can change sides and vote for another candidate. However, many states have sanctions for voters who change their vote.

Can States Change the Electoral College?

The Electoral College is part of Article II of the U.S. Constitution. The only way to change the Electoral College process would be to pass a constitutional amendment. Over the years, several suggested amendments have been made, but none have passed.

There is a National Popular Vote Interstate Compact that would change how the Electoral College works. The compact would change from the current winner-take-all allocation to cast electoral votes based on the state’s popular vote. As of 2024, seventeen states and Washington, D.C. have adopted the compact. However, it will not go into effect until the adopters represent a majority of the Electoral College.  If you have questions about the Electoral College and your voting rights, talk to an attorney. If your local election officials violate your voting rights, talk to a local civil rights attorney for legal advice.