Does Congress have the right to reject Electoral College votes?

Under the law, Congress may still reject a state’s electors if both houses decide to do so, but only when they determine either that the appointment of electors was not “lawfully certified” by the governor under the ascertainment process, or that the votes themselves were not “regularly given” by the electors.

What year was the electoral College created?

In 1804, 12th Amendment to the Constitution made sure that electors designate their votes for president and vice president, but the 12th Amendment leaves in place a tie breaking system established by the Constitution by which the House of Representatives breaks a tie on presidential electoral votes and the Senate …

Who composes the Electoral College?

When people cast their vote, they are actually voting for a group of people called electors. The number of electors each state gets is equal to its total number of Senators and Representatives in Congress. A total of 538 electors form the Electoral College. Each elector casts one vote following the general election.

What is the penalty for faithless electors?

In California a faithless elector may face a fine or imprisonment for up to 3 years for casting a faithless vote.

Is the Electoral College a threat to our democracy?

By declining to make the Electoral College an even great threat to our democracy, the Court did its job. Now it’s up to us. If you live in a state that hasn’t joined the interstate compact, you can urge your state legislators and your governor to sign on.

Does the Constitution give states too much power over choosing electors?

Writing for the court, Justice Elena Kagan said the Constitution gives states far-reaching authority over choosing presidential electors. That includes the power to set conditions on an elector’s appointment, “that is to say, what the elector must do for the appointment to take effect.”

Does the Electoral College favor small states?

Just because the Electoral College doesn’t favor small states, rural states or either party doesn’t mean our Founders didn’t create it for a reason. In fact, as Akhil Amar describes in his book America’s Constitution: A Biography, they were three reasons.

Is it easy to get rid of the Electoral College?

And thanks to the Justices’ decision, getting rid of it has never been easier. The Electoral College we have today isn’t the one in the original Constitution. Instead, it’s a product of the 12th Amendment – put in place after the 1800 contest between Jefferson and Burr so chaotic it got its own number in Hamilton.