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Subject:
From:
Jamila Allston <[log in to unmask]>
Reply To:
The Gambia and related-issues mailing list <[log in to unmask]>
Date:
Tue, 14 Nov 2000 16:01:50 -0800
Content-Type:
text/plain
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The following piece was forwarded to me and contains interesting
information regarding The Electoral College

                   Jamila

_______________________________________________________________________


The Electoral College was established by the founding fathers as a
compromise
between election of the president by Congress and election by popular
vote.
The electors are a popularly elected body chosen by the States and the
District of Columbia on the Tuesday after the first Monday in November
(November 7, 2000). The Electoral College consists of 538 electors (one
for
each of 435 members of the House of Representatives and 100 Senators;
and 3
for the District of Columbia by virtue of the 23rd Amendment). Each
State's
allotment of electors is equal to the number of House members to which
it is
entitled plus two Senators. The decennial census is used to reapportion
the
number of electors allocated among the States.

The slates of electors are generally chosen by the political parties.
State
laws vary on the appointment of electors. The States prepare a list of
the
slate of electors for the candidate who receives the most popular votes
on a
Certificate of Ascertainment. The Governor of each State prepares seven
original Certificates of Ascertainment. The States send one original,
along
with two authenticated copies or two additional originals to the
Archivist of
the United States at the National Archives and Records Administration
(NARA)
by registered mail, which must be received by the first Monday after
the
second Wednesday in December (December 18, 2000). The Archivist
transmits the
originals to NARA's Office of the Federal Register (OFR). The OFR
forwards
one copy to each House of Congress and retains the original.

The electors meet in each State on the first Monday after the second
Wednesday in December (December 18, 2000). A majority of 270 electoral
votes
is required to elect the President and Vice President. No
Constitutional
provision or Federal law requires electors to vote in accordance with
the
popular vote in their State.

The electors prepare six original Certificates of Vote and annex a
Certificate of Ascertainment to each one. Each Certificate of Vote
lists all
persons voted for as President and the number of electors voting for
each
person and separately lists all persons voted for as Vice President and
the
number of electors voting for each person.

If no presidential candidate wins a majority of electoral votes, the
12th
Amendment to the Constitution provides for the presidential election to
be
decided by the House of Representatives. The House would select the
President
by majority vote, choosing from the three candidates who received the
greatest number of electoral votes. The vote would be taken by State,
with
each State delegation having one vote. If no Vice Presidential
candidate wins
a majority of electoral votes, the Senate would select the Vice
President by
majority vote, with each Senator choosing from the two candidates who
received the greatest number of electoral votes.


The States
The United States Constitution and Federal law place certain
responsibilities
relating to the Presidential election upon State executives and the
electors
for President and Vice President. Neither the Constitution nor Federal
law
prescribe the manner in which each State appoints its electors other
than
directing that they be appointed on the Tuesday after the first Monday
in
November (November 7, 2000). The Constitution forbids a Senator,
Representative, or person holding an office of trust or profit under
the
United States from being appointed as an elector.

In most States, the electors are appointed by state-wide popular
election.
The slate of electors for the candidate who receives the most popular
votes
is appointed. The slates of electors are generally chosen by the
political
parties. However, the States' laws vary on the appointment of electors.
In
Maine and Nebraska, two electors are chosen at-large by state-wide
popular
vote and the rest are selected by the popular vote in each
congressional
district. As a result, the electoral procedure in these States permits
a
split slate of electors to be chosen.

After the general election, the Governor of each State and the Mayor of
the
District of Columbia prepare a Certificate of Ascertainment of the
electors
appointed (herein, the term "Governor" includes the Mayor of the
District of
Columbia). The Certificate of Ascertainment must list the names of the
electors appointed and the number of votes received by each. It must
also
list the names of all other candidates for elector and the number of
votes
received by each. The Certificate must be signed by the Governor and
carry
the seal of the State. The format of the Certificate is not dictated by
Federal law, but conforms to the law or custom of the submitting State.

The Governor must prepare seven original Certificates of Ascertainment.
One
original, along with two authenticated copies (or two additional
originals)
must be sent by registered mail to the Archivist of the United States,
National Archives and Records Administration, Washington, DC 20408. The
Certificates should be sent as soon as possible after the election, but
should definitely be received by the Archivist before the statutory
deadline
(December 18, 2000). The other six originals must be delivered to the
State's
electors on or before the day the electors meet.

On the first Monday after the second Wednesday in December (December
18,
2000), the electors meet in their respective States. The State
legislature
may designate where in the State the meeting will take place. It
usually
takes place in the State capital, often in the capitol building. At
this
meeting, the electors vote by ballot for President and Vice President.
There
must be distinct ballots for President and Vice President. The
electors'
votes are recorded on a Certificate of Vote. This Certificate must
contain a
list of all persons voted for as President and the number of electors
voting
for each. It must also contain a list of persons voted for as Vice
President
and the number of electors voting for each. The names of candidates
receiving
no electoral votes do not appear on the Certificate of Vote.

There is no Constitutional provision or Federal law requiring electors
to
vote in accordance with the popular vote in their States. In the 1976
election, a Washington elector pledged to President Gerald Ford voted
for
Ronald Reagan. In the 1988 election, a West Virginia elector voted for
Senator Lloyd Bentsen as President and for Governor Michael Dukakis as
Vice
President. But some state laws require electors to cast their votes
according
to the popular vote and provide that so-called "faithless electors" may
be
subject to fines or may be disqualified for casting an invalid vote and
be
replaced by a substitute elector.

The format of the Certificate is not dictated by Federal law, but is
determined by the law or custom of each State. Six original
Certificates of
Vote must be prepared by the electors. Each Certificate must be signed
by all
of the electors. One of the six Certificates of Ascertainment forwarded
to
the electors by the Governor must be attached to each of the six
Certificates
of Vote. Each of the six pairs of Certificates must be sealed and
certified
by the electors to be the list of votes of that State.

The six pairs of Certificates are distributed as follows:
-- One, by registered mail, to the President of the United States
Senate, The
Capitol, Washington, DC 20510;
-- Two, by registered mail, to the Archivist of the United States,
National
Archives and Records Administration, Office of the Federal Register
(NF), 700
Pennsylvania Avenue, NW, Washington, DC 20408;
-- Two to the Secretary of State of the State, one of which is held
subject
to the order of the President of the United States Senate, the other to
be
preserved by the Secretary for public inspection for one year; and
-- One to the chief judge of the Federal district court of the district
in
which the electors meet.

Since there is a very short time between the meetings of the electors
in the
States and the counting of the electoral votes by Congress, and the
meetings
of electors coincides with the December holiday mail season, it is
imperative
that these Certificates be delivered as soon as possible. After the
Certificates of Ascertainment and Certificates of Vote are delivered to
the
appropriate persons, the States' functions in the electoral process are
completed.


NARA and Office of the Federal Register Procedures
The Archivist of the United States is required by law to perform
certain
functions relating to the electoral college (3 U.S.C. sections 6, 11,
12,
13). The Archivist has delegated to the Director of the Federal
Register the
authority to carry out the administration of the electoral college
process.

Prior to the General Election
In October of each Presidential election year, the Archivist sends a
letter
to the Governor of each State and the Mayor of the District of Columbia
along
with an instruction package prepared by the Office of the Federal
Register
(OFR) that sets out the States' responsibilities regarding the
electoral
college. The package also includes a quantity of booklets containing
applicable Federal Constitutional and statutory provisions regarding
presidential elections to be distributed to each elector.

Also in the month prior to the election, the OFR contacts the Assistant
Secretary of the Senate and the House Parliamentarian to make
arrangements
for the delivery of the electoral college certificates to Congress. And
finally, in the month prior to the election, the OFR prepares to
receive the
electoral college certificates from the States. The OFR makes special
arrangements with the Archivist's mailroom staff and messenger service
to
establish procedures for handling the Certificates and transmitting
them from
the Archives to the OFR.

After the General Election
During the week following the general election, the OFR calls the
Governor's
Office in each State and the Mayor's Office in the District of Columbia
to
make a personal contact with a person responsible for the electoral
college
process. In some States, the Secretary of State is the official
designated to
administer the electoral college, but other state officials may be
assigned
this responsibility according state law or custom. The OFR confirms
that
materials mailed in October have arrived and reviews the States' plans
for
carrying out their responsibilities.

Receipt of Certificates of Ascertainment
Certificates should begin arriving at NARA shortly after the general
election
held on November 7, 2000. The Archives makes a record of the
Certificates of
Ascertainment it receives and transmits them to the OFR's Legal Affairs
and
Policy Staff by special delivery. The OFR logs in a record of the
Certificates and checks them for facial legal sufficiency. If there are
any
problems with a Certificate, an OFR attorney calls the contact person
in the
State to advise them of the defect. The OFR makes copies of the
Certificates
of Ascertainment available for public inspection and secures the
originals.

Receipt of Certificates of Vote
Certificates of Vote should begin arriving at NARA shortly after the
State
meetings of the electors held on December 18, 2000. Certificates of
Vote are
recorded on a log sheet when received at the Archivist's office and at
the
OFR. Each Certificate is checked for facial legal sufficiency, and if
there
are any problems with a Certificate, an OFR attorney calls the contact
person
in that State and the Assistant Secretary of the Senate to inform them
of the
problems and offer advice as to a solution. After the Certificates of
Vote
have been determined to be facially sufficient, the OFR makes copies of
them
available for public inspection and secures the originals.

Certificates of Ascertainment Transmitted to Congress
The OFR prepares cover letters for the Archivist's signature to
accompany the
Certificates of Ascertainment transmitted to Congress. The OFR hand
delivers
the Certificates and cover letters to the Vice President's Office in
the
Senate (the Vice President is the President of the Senate) and the
Speaker's
Room on the House side of the Capitol and obtains a receipt. If all the
Certificates of Ascertainment are received in a timely fashion, they
are sent
to Congress in one group. However, late arriving Certificates may also
be
hand delivered separately to Congress so that transmittal of the other
Certificates is not delayed.

Certificates of Vote Subject to the Call of the President of the Senate
The OFR holds one of the two original Certificates of Vote subject to
the
call of the President of the Senate in the event that one or more
Certificates fail to reach the Senate in a timely manner. If the
Archivist
does not receive a Certificate of Vote from a State by a week after the
electors meet, the OFR calls that State's contact person to make sure
the
Certificates were mailed. If the Certificates were not mailed, the OFR
advises the State to transmit the Certificates by express mail. If the
Certificates were mailed and are overdue in arriving, the OFR calls the
Postal Service to request that it trace the package. Finally, if no
Certificate of Vote is received from a State by the fourth Wednesday in
December after the election, the OFR employs the procedural steps set
forth
at 3 U.S.C. sections 12 and 13 by securing a duplicate from the
Secretary of
State of the State or by dispatching a special messenger to obtain the
duplicate held by a Federal District judge and hand carrying it to
Washington
D.C.

Preserving Certificates
After Congress has met in joint session for the official counting of
electoral votes, all Certificates of Ascertainment and Certificates of
Vote
in OFR's files are combined into one file. Each file contains all
Certificates from a State, any cover letter accompanying the
Certificates,
and any envelopes bearing certifications of electors' votes. The files
are
placed in archival boxes and made available for public inspection at
the OFR
for one year and then transferred to NARA for permanent retention.


The Congress
House and Senate staff come to the Office of the Federal Register (OFR)
to
inspect the Certificates of Vote in late December. Because the
statutory
procedure prescribes that the Certificates of Vote sent to the
President of
the Senate be held under seal until Congress opens and counts them in
joint
session, the Congress depends on the OFR to ensure the facial legal
sufficiency of Certificates. If any State's Certificate fails to reach
the
President of the Senate, the President of the Senate calls on OFR to
deliver
duplicate originals in its possession to complete the set held by
Congress.
After the 1988 general election, the President of the Senate called for
nineteen of the Certificates of Vote held by the OFR. For the 1992
election,
the OFR supplied the Congress with two missing Certificates of Vote.

The Congress is scheduled to meet in joint session in the House of
Representatives at one o'clock January 6, 2001 (this date is subject to
change) to conduct the official tally of electoral votes. The Vice
President,
as President of the Senate, is the presiding officer. Two tellers are
appointed to open, present and record the votes of the States in
alphabetical
order. The President of the Senate announces the results of the vote
and
declares which persons, if any, have been elected President and Vice
President of the United States. The results are entered into the
official
journals of the House and Senate. The President of the Senate then
calls for
objections to be made. If any objections are registered, they must be
submitted in writing and be signed by at least one member of the House
and
Senate. The House and Senate would withdraw to their respective
chambers to
consider the merits of any objections according the procedure set out
under 3
U.S.C. section 15.


"We will either find a way or make one."  Hannibal

__________________________________________________
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