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R48936The Electoral College: Frequently Asked Questions

Reports · published 2026-05-05 · v1 · Active · crsreports.congress.gov ↗

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Authors
R. Sam Garrett
Report id
R48936
Summary

Individual voters in the United States do not directly elect the President and the Vice President. Instead, their votes select intermediaries, known as electors, to cast votes for a presidential ticket on their behalf. Those electors make up the electoral college, which elects the President and the Vice President. Provisions in Article II and in the Twelfth Amendment of the U.S. Constitution establish the electoral college. The frequently asked questions discussed in this report provide a resource for Members of Congress and congressional staff as they conduct oversight, consider legislation, and address constituent questions related to policy issues concerning the electoral college. The report does not contain legal analysis. Some Members of Congress have occasionally proposed constitutional amendments to abolish or alter the electoral college. As of this writing, such proposals have not substantially advanced beyond introduction in recent Congresses. Throughout American history, one candidate has almost always won both the popular vote and the electoral college. On four occasions, the electoral college has produced a presidential winner inconsistent with the national popular vote. Currently, to win the presidency or vice presidency, a candidate must receive at least 270 of 538 electoral votes to achieve an electoral college majority. A contingent election would occur if no candidate won a majority in the electoral college. In such an instance, the House of Representatives would elect the President and the Senate would elect the Vice President. This report will be updated in the event of substantial legislative activity concerning the electoral college.

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