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Electoral Collage

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From: Kimberly Herbert (kimberly_at_TeacherArtExchange)
Date: Mon Nov 06 2000 - 19:10:22 PST


UGH! I typed out a detailed answer to the questions about the electoral
collage and then lost it and the info about who sent me the questions. I've
retyped some of the answers and since I lost the address of the person who
sent the questions I'm posting to the list. Sorry. Here are the basics:
1. The electoral collage is appointed by each state
2. Each state has a number of votes equal to the number of representatives +
2 senators. The citizens of Washington DC are allowed 3 votes in the
electoral collage even though they don't have voting representation in the
congress, because they pay taxes. Citizens of the Territories do not have a
vote they don't pay taxes.
3. Each state votes as a block whoever wins the popular vote in a state gets
all the electoral votes for that state by tradition it is not actually
stated in the text of the constitution or amendment
4. To win a candidate must receive 270 electoral votes to win. If candidate
A wins the 11 biggest states and candidate B wins all of the other 39 + DC,
candidate A would win the election. (I looked up the eleven states and their
electoral votes before I lost the previous post. I'm not doing it again, but
the largest four are California 54, New York 33, Texas 32, and Florida 25).
5. If as some are predicting Gore wins the electoral collage, but Bush wins
the popular vote, I believe that the rule of law will prevail and Gore will
be sworn in without violence. Then before the next general election an
amendment will be passed changing the election of the President to a popular
vote.

Below are the original text Article and Amendment XII The hyperlinked
section in Article II was changed by Amendment XII. The misspellings are
from the site and I believe they were correct or accepted spellings at the
time the constitution was written.
Article. II.
Section. 1.
The executive Power shall be vested in a President of the United States of
America. He shall hold his Office during the Term of four Years, and,
together with the Vice President, chosen for the same Term, be elected, as
follows:
Each State shall appoint, in such Manner as the Legislature thereof may
direct, a Number of Electors, equal to the whole Number of Senators and
Representatives to which the State may be entitled in the Congress: but no
Senator or Representative, or Person holding an Office of Trust or Profit
under the United States, shall be appointed an Elector.
The Electors shall meet in their respective States, and vote by Ballot for
two Persons, of whom one at least shall not be an Inhabitant of the same
State with themselves. And they shall make a List of all the Persons voted
for, and of the Number of Votes for each; which List they shall sign and
certify, and transmit sealed to the Seat of the Government of the United
States, directed to the President of the Senate. The President of the Senate
shall, in the Presence of the Senate and House of Representatives, open all
the Certificates, and the Votes shall then be counted. The Person having the
greatest Number of Votes shall be the President, if such Number be a
Majority of the whole Number of Electors appointed; and if there be more
than one who have such Majority, and have an equal Number of Votes, then the
House of Representatives shall immediately chuse by Ballot one of them for
President; and if no Person have a Majority, then from the five highest on
the List the said House shall in like Manner chuse the President. But in
chusing the President, the Votes shall be taken by States, the
Representation from each State having one Vote; A quorum for this purpose
shall consist of a Member or Members from two thirds of the States, and a
Majority of all the States shall be necessary to a Choice. In every Case,
after the Choice of the President, the Person having the greatest Number of
Votes of the Electors shall be the Vice President. But if there should
remain two or more who have equal Votes, the Senate shall chuse from them by
Ballot the Vice President.
The Congress may determine the Time of chusing the Electors, and the Day on
which they shall give their Votes; which Day shall be the same throughout
the United States.

AMENDMENT XII
Passed by Congress December 9, 1803. Ratified June 15, 1804.
Note: A portion of Article II, section 1 of the Constitution was superseded
by the 12th amendment.
The Electors shall meet in their respective states and vote by ballot for
President and Vice-President, one of whom, at least, shall not be an
inhabitant of the same state with themselves; they shall name in their
ballots the person voted for as President, and in distinct ballots the
person voted for as Vice-President, and they shall make distinct lists of
all persons voted for as President, and of all persons voted for as
Vice-President, and of the number of votes for each, which lists they shall
sign and certify, and transmit sealed to the seat of the government of the
United States, directed to the President of the Senate; -- the President of
the Senate shall, in the presence of the Senate and House of
Representatives, open all the certificates and the votes shall then be
counted; -- The person having the greatest number of votes for President,
shall be the President, if such number be a majority of the whole number of
Electors appointed; and if no person have such majority, then from the
persons having the highest numbers not exceeding three on the list of those
voted for as President, the House of Representatives shall choose
immediately, by ballot, the President. But in choosing the President, the
votes shall be taken by states, the representation from each state having
one vote; a quorum for this purpose shall consist of a member or members
from two-thirds of the states, and a majority of all the states shall be
necessary to a choice. [And if the House of Representatives shall not choose
a President whenever the right of choice shall devolve upon them, before the
fourth day of March next following, then the Vice-President shall act as
President, as in case of the death or other constitutional disability of the
President. --]* The person having the greatest number of votes as
Vice-President, shall be the Vice-President, if such number be a majority of
the whole number of Electors appointed, and if no person have a majority,
then from the two highest numbers on the list, the Senate shall choose the
Vice-President; a quorum for the purpose shall consist of two-thirds of the
whole number of Senators, and a majority of the whole number shall be
necessary to a choice. But no person constitutionally ineligible to the
office of President shall be eligible to that of Vice-President of the
United States.
*Superseded by section 3 of the 20th amendment.

Kimberly Herbert (kimberly@wcc.net)
CAM Administrator
San Angelo Museum of Fine Arts/Children's Art Museum