The Constitution on Presidential Elections

Republican Government

The US Constitution guarantees governmental leaders who are not dictators. Rather, ultimate power is held by the citizens who vote for their elected officers.

Constitution: Article 4 - The States, Section 4 - Republican Government

The United States shall guarantee to every State in this Union a Republican Form of Government, …..

Republic: A government in which power resides in a body of citizens entitled to vote; and is exercised by elected representatives responsible to them, and governing according to the laws.

The President, as chief law enforcement officer, has the constitutional duty to insure a republican form of government in each state. By definition this means insuring a legal fair election that accurately determines the winner as decided by voting citizens.

Constitution Article 2: Presidential Oath

"I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States."

Presidential Electors

Each state is assigned a number of presidential electors based on the number of representatives they have in Congress. Larger state population generally means more electors and greater influence.

The state legislatures are the closest elected representatives to the people. Therefore the Constitution gives legislatures the responsibility to determine the method for selecting the electors. This is almost always a democratic election for president, where the winner in the state receives the states electoral votes.

Constitution: Article 2 - The Executive Branch, Section 1 - The President

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:

Usually, there is agreement that the election in the state was fair and any disputes are quickly resolved. However, in any case of extended election dispute, the state legislature has the final constitutional authority to certify or appoint the electors in the manner they choose. The legislators can then be held accountable by their citizens in their next election.

The Twelfth Amendment – Resolving Electoral College Disputes

The 12th Amendment was added to the Constitution to name the Vice President (also President of the Senate) as the one to count the ballots of the state presidential electors. It also provides procedures to determine the election in the Congress if there is no clear presidential winner in the electoral college vote. It is listed below by phrases.

Constitution: Twelfth 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....
      

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 to the United States.