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Some states, however, do have laws requiring that state's electors to vote for the candidate to whom they are pledged. Electors who break their pledge are called " faithless electors. Over the course of 58 presidential elections sinceonly 0. As stated in the ruling, electors are acting as a functionary of the state, not the federal government. Therefore, states have the right to govern the process of choosing electors.
The constitutionality of state laws punishing electors for actually casting a faithless vote, rather than refusing to pledge, has never been decided by the Supreme Court. However, in his dissent in Ray v. Blair, Justice Robert Jackson wrote: Faithless electors have never changed the outcome of any presidential election. Contingent election The Twelfth Amendment mandates Congress assemble in joint session to count the electoral votes and declare the winners of the election.
The vice president and the Speaker of the House sit at the podium, with the vice president in the seat of the Speaker of the House. Senate pages bring in the two mahogany boxes containing each state's certified vote and place them on tables in front of the senators and representatives. Each house appoints two tellers to count the vote normally one member of each political party. Relevant portions of the Certificate of Vote are read for each state, in alphabetical order.
Members of Congress can object to any state's vote count, provided objection is presented in writing and is signed by at least one member of each house of Congress. An objection supported by at least one senator and one representative will be followed by the suspension of the joint session and by separate debates and votes in each House of Congress; after both Houses deliberate on the objection, the joint session is resumed. A state's certificate of vote can be rejected only if both Houses of Congress vote to accept the objection.
In that case, the votes from the State in question are simply ignored. The votes of Arkansas and Louisiana were rejected in the presidential election of Gore, who as vice president was required to preside over his own Electoral College defeat by five electoral votesdenied the objections, all of which were raised by only several representatives and would have favored his candidacy, after no senators would agree to jointly object.
Objections were again raised in the vote count of the elections, and on that occasion the document was presented by one representative and one senator. Although the joint session was suspended, the objections were quickly disposed of and rejected by both Houses of Congress. If there are no objections or all objections are overruled, the presiding officer simply includes a state's votes, as declared in the certificate of vote, in the official tally.
After the certificates from all states are read and the respective votes are counted, the presiding officer simply announces the final result of the vote and, provided the required absolute majority of votes was achieved, declares the names of the persons elected president and vice president. This announcement concludes the joint session and formalizes the recognition of the president-elect and of the vice president-elect.
The senators then depart from the House Chamber. The final tally is printed in the Senate and House journals. Contingent presidential election by House[ edit ] The Twelfth Amendment requires the House of Representatives to go into session immediately to vote for a president if no candidate for president receives a majority of the electoral votes sinceof the electoral votes.
In this event, the House of Representatives is limited to choosing from among the three candidates who received the most electoral votes for president. Each state delegation votes en bloc—each delegation having a single vote; the District of Columbia does not receive a vote. A candidate must receive an absolute majority of state delegation votes i.
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- 2014 United States Senate elections
- 2010 United States elections
- 2011 Canadian federal election
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