HOW PRESIDENT OF USA IS ELECTED ?
Donald Trump has won the 2024 election for the office of President. He is expected to get support of majority of electors of Electoral College and is all set to be next president of USA. He has also garnered more popular votes than Kamala Harris. It is appropriate time to understand how election for the office of President is conducted in USA.
ELECTORAL COLLEGE
President of USA is elected by an Electoral College consisting of 538 members, Reasoning behind keeping number at 538 is that in every State of USA, total number of electors is equal to total number of representatives of that that State in House of Representatives and Senate. House of Representatives consists of 435 members and Senate consists of 100 members. Three electors have been allotted to District of Columbia. Thus, total number of electors comes out to 538.
These 538 members are distributed among 50 states of the United States. For example, California has been allotted 54 electors and Texas has been allotted 40 members. Each political party desirous of contesting election of President announces its electors for each state.
GENERAL TICKET METHOD OF ELECTION
In most of the states, elections are conducted following general ticket method. In General ticket method of elections, the voters vote for a Political Party rather than individual candidates. Electors belonging to Political Party securing the maximum number of votes are declared winner. In fact, on the ballot paper, an American voter is voting for his or her favorite President, but in reality, they are electing electors for that State. In most of the states, a political party which gets maximum number of votes, electors belonging to that political party are declared winner. Thus “winner takes all principle” is followed.
Election is conducted in USA on Tuesday after first Monday in November, which was 5th November, 2024.
These electors form Electoral College for election of President. Electoral College will vote for President on 17th December, 2024, thereafter Donald Trump will be declared President of USA.
In cases where there is tie of votes in election of President in Electoral College, the House of Representative gets power to elect President while Senate gets powers to elect Vice-President. Such occasions are rare but have happened in the history of USA.
NEED OF REFORM
Election process in the USA is rather complex and outdated in comparison of elections in other countries. This procedure has been adopted by the framers of the Constitution as midway between election by Congress and direct election of President.
One side effect of this process is that some times a Presidential Candidate who wins more popular votes may not become president as he may not be able to get majority support of electors. This has happened in USA several times. In 2016 election Hillary Clinton has secured more popular votes than Donald Trump but could not become President. In 2000 Presidential election Al Gore has secured more popular votes that George W. Bush, but could not become President.
Reforms in election process of President is needed. Any such reform will need Constitutional Amendment, which is extremely difficult in USA. It will require support of two-third majority of each house of Legislature as well ratification by three-fourth of States.
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Mukesh Kumar Suman is an advocate and legal author based at Delhi. He regularly appears before various Judicial Forums including NCLT, NCLAT, High Courts and the Supreme Court. He can be approached at mukesh_suman@outlook.com or +91 9717864570.