Electoral College: Reform Proposals in the 107th Congress

Publication Date: September 2003

Publisher: Library of Congress. Congressional Research Service

Author(s):

Research Area: Politics

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Abstract:

The United States Constitution provides for indirect election of the President and Vice President by a group of officials known collectively as the electoral college. For additional information on contemporary operation of the system, consult CRS Report RS20273, The Electoral College: How It Works in Contemporary Presidential Elections.

Critics contend that the electoral college is archaic and undemocratic, that it provides an unfair advantage to less populous states; that the "winner-take-all" provision, by which most states award all their electoral votes to the candidates winning the most popular votes, deprives many voters of any influence in the election; and that the system has the potential to elect a President who receives more electoral votes, but fewer popular votes, than his principal opponent. Further, they assert, the contingent election process, by which Congress elects the President and Vice President if no candidates receive an electoral college majority, is even less democratic. For additional information on contingent election, consult CRS Report RS20300, Election of the President and Vice President by Congress: Contingent Election. Supporters maintain that the electoral college is an integral element of the federal system, that the need to accrue state-by-state majorities is a strong support of the two party system, and that the system has delivered clear electoral mandates in all but four elections since 1804.

Following the closely contested presidential election of 2000, in which the winning candidates for President and Vice President gained fewer popular votes than their major party opponents, there was renewed congressional interest in electoral college reform. For additional information on electoral college contingencies and broader aspects of reform proposals, consult CRS Report RL30804, The Electoral College: An Overview and Analysis of Reform Proposals.

Seven proposals to reform the electoral college system were introduced in the 107th Congress. H.J.Res. 3 (Representative Green of Texas), and H.J.Res. 5 (Representative Delahunt), eliminating the electoral college and substituting direct popular election of the President; H.J.Res. 1 (Representative Clyburn), H.J.Res. 18 (Representative Engel), and H.J.Res. 37 (Representative Clement) incorporating the "district" method of awarding electoral votes; and H.J.Res. 17 (Representative Engel), providing for proportional award of electoral votes. H.J.Res. 25 (Representative Leach) was a hybrid plan. No action was taken on these measures, other than referral to the House Committee on the Judiciary. Instead, attention in the 107th Congress focused on election administration reform. For more information on this subject, please consult CRS electronic briefing book, Election Reform, available to Members of Congress and congressional staff at the CRS web site [http://www.congress.gov/brbk/html/eberf1.shtml] . This report will not be updated.