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1 1 (October 22, 2020)

handle is hein.crs/govdcih0001 and id is 1 raw text is: %Fnw C~l rES .rh$e Updated October 22, 2020 The Electoral College: A 2020 Presidential Election Timeline Every four years, the election process for President and Vice President follows a familiar timeline of events. At the same time, a related series of procedures governing electoral college actions proceeds on a parallel track. This report focuses on the electoral college timeline for the 2020 presidential election. For additional information on the electoral college, see CRS Report RL32611, The Electoral College: How It Works in Contemporary Presidential Elections, by Thomas H. Neale. Thet 2&)2e Nkmiation~ and~ Ekection In a presidential election year, campaigns for the nation's highest offices include a number of sequential processes and events that take place over a period that may begin years before election day. Broadly defined, these include the informal campaign of candidate declarations, fundraising, organizing, and intraparty debates (various start times through February of the election year); the formal nomination campaign, in which candidates contest nominating caucuses and primaries (February-July); the national party conventions, where the presidential and vice presidential candidates are nominated (July-August); the general election campaign (August-November), including presidential and vice presidential debates (September- October); and general election day, November 3, 2020. During the election campaign, a series of events related to electoral college operations proceeds on a parallel timeline, overlapping both the nomination and general election schedules. It includes nomination of candidates for the office of elector; choice of the electors by the voters on election day; ascertainment of results in the states; meetings and votes by electors in their respective states; and reporting results as directed by law. It culminates with the joint session of Congress to count the electoral votes and declare the President and Vice President to be elected. The electoral college timeline is governed by the U.S. Code at 3 U.S.C. §§1-18, the Twelfth and Twentieth Amendments to the Constitution, and state laws and political party rules. In each state, political parties and independent candidates that qualify for ballot access nominate a ticket (or slate) of candidates for the office of elector for President and Vice President. The number of elector-candidates nominated by each party or group is equal to the number of the state's electoral votes. Most candidates are nominated by state party committees or at a state party convention. Electors may not be U.S. Senators, U.S. Representatives, or anyone holding an Office of Trust or Profit under the United States. In practice, nominees tend to be a mixture of state and local elected officials, party activists, celebrities, and ordinary citizens. Faitles Elctos: ndeendnt r Bundto Vote for the Pecsple's Coce? The role of presidential electors has been widely debated. Some observers claim they are free agents, while others maintain they must vote for the candidates to whom they are pledged, although this is not required by the Constitution. In some years, faithless electors have voted against their party's nominees, although they have never influenced a presidential election outcome. Thirty-three states and the District of Columbia have laws or party regulations that require electors to vote for the people's choice in their state, and in some states faithless electors may be replaced or may be subject to various penalties. jul t' 200 'uprem Co' rt R Ng onFahes Electors, Ci~hifos ic WshI~ngton The constitutionality of state measures to prohibit or penalize faithless electors has been debated for many years. On July 6, 2020, the Supreme Court ruled in Chiafolo v. Washington that state laws penalizing or replacing faithless electors are constitutionally valid. For further information and a legal analysis, see CRS Legal Sidebar LSB10515, Supreme Court Clarifies Rules for Electoral College: States May Restrict Faithless Electors, which explains the Court's decision and reviews its broader implications. General election day for electors for the President and Vice President is set by law (3 U.S.C. §1) as the Tuesday after the first Monday in November in presidential election years. Voters cast a single vote for a joint ticket of their preferred candidates for President and Vice President. When they do so, they are actually voting for the electors committed to support those candidates. Noemer4Deemeri4, 2020:,ontn Popular Following election day, the states are to count and certify popular vote results according to their respective statutory and procedural requirements. When the states have completed their vote counts and ascertained the official results, the U.S. Code (3 U.S.C. §6) requires the state governors to prepare, as soon as practicable, documents known as Certificates of Ascertainment of the vote. The certificates must list the names of the electors chosen by the voters and the number of votes received in the popular election results, also the names of all losing candidates for elector, and the number of votes they received. Certificates of Ascertainment, which are often signed by state governors, must carry the seal of the state. One copy is forwarded to the Archivist of the United States (the \\\\\ \ \N \ \I \N, \ \\ \ \ Q\\ \\\ \\\

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