Government in the United States, National, State and LocalGarner, James Wilford
History
Government in the United States, National, State and Local
Garner, James Wilford
United States -- Politics and government
_Restrictions on the Electors._--In casting their votes the electors are
prohibited from voting for candidates for both offices from the same
state as themselves. The purpose of this provision is to prevent the
electors from one state--if any state should ever become powerful
enough--from choosing both the President and the Vice President from
that state. This does not mean, however, that both the President and the
Vice President could not be elected from the same state, since the
electors of the other states are not prohibited from voting for two
candidates from the same state.
_Formalities and Precautions._--The Constitution requires the electors
of each state to sign, certify, seal, and transmit to the president of
the United States senate, a list of the votes cast for President and
Vice President. The statutes also require two additional lists to be
prepared, one to be sent to the president of the senate by special
messenger, and the other to be deposited with the nearest United States
district judge. These extra precautions are taken to prevent the loss of
the state's votes through accident or otherwise. This done, the office
of the Presidential elector expires and the electoral colleges cannot be
again summoned to correct errors or to make a new choice in case the
President elect should die before inauguration.
=Counting the Electoral Vote.=--The Constitution directs that the votes
transmitted to the president of the senate shall be opened in the
presence of both houses of Congress and that the votes shall then be
counted. The Constitution does not say who shall count the votes.
Apparently the framers believed that the process of counting would never
involve anything more than a simple act of addition. But in the course
of time disputed returns began to be sent in, and then the process of
counting came to involve the more difficult task of determining what
should be counted. Thereupon the question was raised, who shall count?
Was the president of the senate to count and the two houses act merely
as spectators, or was the president of the senate to open the votes and
the two houses do the counting? For a long time, when the disputes were
not serious enough to affect the result, the president of the senate was
allowed to count the vote and proclaim the result.[64] In 1865 by a joint
rule Congress assumed the right to count the electoral vote, thus taking
the power away from the president of the senate.
[64] Thus Jefferson as president of the senate in 1801, counted the
vote which elected him President of the United States and declared
himself duly elected. So did Adams in 1797. Suppose there had been a
serious dispute in either of these cases, could the president of the
senate have counted for himself the votes in dispute?
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