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'Real' Election Starts Monday
Part 1: Bush wins electoral vote 271 - 266
 More of this Feature
• Part 2: A "Contingent Election in Congress? 
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"Close your eyes and imagine the race in 2012 with no electoral college and the popular vote differential within 10,000 votes. Imagine 50 Floridas."
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Update: 12/18/00

Successfully rounding the next-to-last curve on this year's treacherous the road to the White House, George W. Bush (R) collected all 271 electoral pledged to him as a result of the Nov. 7 election. Nevada's four electoral votes officially gave Bush the 270 votes necessary to claim a majority of the 538 total and the presidency pending approval of the electoral votes by Congress. The new 107th Congress will meet to certify the electoral votes on Jan. 5 or 6, 2001. Baring an objection to the electoral results in Congress, George W. Bush will be sworn in as the 43rd president of the United States on Jan. 20, 2001.

While Bush's main opponent, Vice President Gore won the nationwide popular vote be 337,576 votes, Gore collected only 266 electoral votes with victories in 21 states compared to 30 states for George W. Bush.

One elector pledged to Al Gore did not vote for him. District of Columbia elector Barbara Lett Simmons cast a blank ballot to protest the fact that D.C. is not represented in Congress.

[Electoral College Opinion Poll]

Dateline: 12/17/00

Al Gore has conceded to George W. Bush and is Bush is being called "president-elect." Once again, the electoral gun has been jumped. because the real election starts Monday.

On Monday, Dec. 18, 2000, the 538 electors of the Electoral College meet in their state capitals to cast ballots for president and vice president. A candidate needs 270 electoral votes to be elected.

In 26 states, the electors are "bound" by either state law or political party pledges to vote for the candidates certified as the winners of their state's popular vote. Florida's 25 electors, by the way, are bound by both pledges to their political party and state law.

In the other 24 states and the District of Columbia, the electors are neither bound nor pledged to vote for any specific candidate. However, since they were appointed by political parties according to the certified results of the states popular vote, the typically vote for the winning candidates.

Important Notes: 

  • Neither the U.S. Constitutional or any Federal law requires electors to vote according to the results of the popular vote in their States.

  • "The Supreme Court has held that the Constitution does not require that electors be completely free to act as they choose and therefore, political parties may extract pledges from electors to vote for the parties' nominees. Some State laws 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 Supreme Court has not specifically ruled on the question of whether pledges and penalties for failure to vote as pledged may be enforced under the Constitution. No elector has ever been prosecuted for failing to vote as pledged." -- National Archives and Records, Electoral College FAQ

In all presidential elections, over 99 percent of electors have voted as pledged. But... In 1976, a Washington State elector pledged to Gerald Ford voted for Ronald Reagan. In 1988, a West Virginia elector voted for Senator Lloyd Bentsen as President and for Governor Michael Dukakis as Vice President. 

Your Electors Are...
To find out more about your state's electors, see: Who ARE the Electors?

On to the Voting
Going into the December 18 electoral vote casting, final certified standings were:

Candidate States Won Electoral 
Votes
George W. Bush 30 271
Al Gore 21 267

Needed to win: 270 votes

So, What If...?
Should three electors pledged to Bush vote for Gore, Gore would then have the majority-winning 270 votes to Bush's 268.
If just two Bush electors vote for Gore, each candidates would have 269 votes, and the Supreme Court should report to battle stations. [See: What if the Election IS a Tie?]

Either event would almost certainly result in objections to the electoral vote, and even a "Contingent Election" of the president and vice president by Congress. Yes, it has happened before.

Next page > A "Contingent Election" in Congress? > Page 1, 2

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Written by: Robert C. Longley
Date: 12/16/2000
URL:
http://usgovinfo.about.com/library/weekly/aa121600a.htm

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