Did you think that the votes had been cast in the US election? Well not quite. As I write this, at least a day before you read it, the members of the Electoral College are meeting in each state and casting their votes for President and Vice President. If you were a voter in Tennessee, you would have cast your vote for your preferred candidate; the party with the most votes in Tennessee then nominates its electors to the Electoral College and they will today cast all their votes for the candidate of that party.
States have a number of Electoral College votes equal to the number of members of the Senate and House of Representatives that state has. Each of the 50 states has two Senators. The number of Representatives for a state is based on its population, as a % of 435, the total number in the House. The District of Columbia (home of Washington D.C.) has 3 Electoral College votes. So a total of 538. California is the most populous state and has 55 Electoral College votes. Wyoming is the smallest and has 3. Tennessee has 12.
These electors are supposed to vote for the candidate of the party which received the most votes in the election. Donald Trump won 60.7% of the vote in Tennessee and so should receive their 12 votes to the Electoral College. They will do so because Tennessee state law requires them to do so. As do a further 28 states and the District of Columbia.
Which leaves 21 states where there is no legal obligation on the electors to cast their votes according to the "result" of the general election in their state. Which leads us to: Faithless Electors. Phew, got there!
It should be said that is normal and entirely conventional for those votes to be cast as though they were mandated by law. Each election year though, there are seem to be a few mavericks (my word, not a term recognised in US electoral law) - the faithless electors. So, given that Joe Biden won 306 electoral college votes and Donald Trump 232, it is not certain that those will be the final numbers. What is certain, however, is that they will be as close as doesn't make any difference. There has been no election when the winner was changed by faithless electors.
In 58 elections since the drafting of the US constitution, there have been just 165 instances of faithlessness, 63 of which occurred in 1872 when Horace Greeley died after Election Day but before the Electoral College convened. So ignoring 1872, an average of around two per election.
In 2016, there were seven faithless electors:
- Texas (Trump won): one vote for John Kasich, one for Ron Paul
- Washington (Clinton won): three votes for Colin Powell and one for Faith Spotted Eagle (a member of the Yankton Sioux Nation, an activist and politician and the first Native American to receive an electoral vote for President of the United States)
- Hawaii (Clinton won): one vote for Bernie Sanders
(in the same cases, there were faithless votes for the Vice Presidential candidates)
So although the "result" of the 2016 election, in terms of electoral college votes, was Trump 306, Clinton 232 (the exact reverse of the 2020 election), the final vote was respectively 304 to 227.
2020? Wait and see, but expect some shenanigans.
So will that be the end? Technically no, because the electoral college votes have to be certified by a joint session of Congress on 6 January. This is a formal reading of the votes, followed by the final declaration of the winner. It is pertinent only if there is an indecisive election, in which case Congress can decide the winner. This happened only in 1800 and 1824.
Rest easy, folks.
Civics lesson over; back to your comics.