The Electoral College: Reform Proposals in the 108th Congress

Publication Date: June 2005

Publisher: Library of Congress. Congressional Research Service

Author(s):

Research Area: Politics

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Abstract:

American voters elect the President and Vice President of the United States under a complex arrangement of constitutional provisions, federal and state laws, and political party practices known as the electoral college system. For additional information on contemporary operation of the system, please see CRS Report RL32611, The Electoral College: How It Works in Contemporary Presidential Elections, by Thomas H. Neale.

Despite occasional close elections, this system has delivered uncontested results in 46 of 50 elections since adoption of the 12th Amendment, effective in 1804. Throughout this period, nevertheless, it has been the subject of persistent criticism and many reform proposals. Related measures fall into two basic categories: those that would eliminate the electoral college and substitute direct popular election of the President and Vice President, and those that would retain the existing system in some form and correct perceived defects.

For additional information on electoral college contingencies and broader aspects of reform proposals, please consult CRS Report RL30804, The Electoral College: An Overview and Analysis of Reform Proposals, by L. Paige Whitaker and Thomas H. Neale. Three proposed constitutional amendments to change or replace the electoral college system were offered in the 108th Congress. Section 4 of H.J.Res. 28 (Representative Jesse Jackson, Jr., and others) sought to "ensure that each Elector votes for the candidate for President and Vice President who received a majority of the popular vote in the State." H.J.Res. 103 (Representative Gene Green and others) and H.J.Res. 109, (Representative Jesse Jackson, Jr., and others) and H.J.Res. 112 (Representative Zoe Lofgren) proposed replacing the electoral college system with direct popular election. In addition, another bill related indirectly to the electoral college system. H.R. 4867 (Representative Peter Deutsch and others) would have changed the requirements for congressional objections to the validity of electoral votes at the joint session of Congress at which electoral votes are counted and certified. No action beyond committee referral was taken during the 108th Congress on these measures.

A state electoral college reform proposal also attracted attention in the 2004 elections. In Colorado, voters rejected a state constitutional amendment that would have replaced the existing general ticket system with a rounded proportional method of allocating electoral votes.

This report remains available to Congress, but will be not be updated.