This may surprise many, but how presidents are elected in the United States is independent of the number of votes they receive. Although total votes are a large contributor, the distribution of votes is also factored in when deciding who wins the election. This system is called the Electoral College.

The Electoral College is a process that was established in the Constitution in 1787. It contains three parts: the selection of electors, the meeting of electors, and Congress. The Electoral College consists of 538 electors, with a majority of 270 electoral votes needed to win the presidency. Each state receives an automatic two electors for its two senators, and an additional elector for each of its members of the House of Representatives, which is based on population. The higher the population, the more representatives a state has. Under the 23rd Amendment, the District of Columbia is treated like a state with three electors. Each state’s political parties decide who can become a possible elector.

The Electoral College process begins with the tallying of votes statewide. In most states, the winning candidate receives all of the electoral votes for that state. However, in Maine and Nebraska, electors are allocated using a proportional system. In this system, one electoral vote is given to the winner of each congressional district, and two electoral votes are given to the statewide winner.

The Constitution does not require electors to vote for the candidate chosen through their state’s popular vote. That said, some states do require them to vote according to the popular vote. These pledges fall into one of two categories: electors bound by state law or by political party rules. The Constitution also allows electors’ votes to be pledged. This means that political parties can make electors pledge to vote for their party’s candidate, even if it is not whom the elector would personally choose. Electors are usually respected and recognized for their important role in their political party. Because of their loyalty, electors rarely vote for the opposing party’s candidate. Some state laws state that the elector may be fined, replaced, or disqualified if they are disloyal.

In 2020, the Supreme Court decided that states are allowed to restrict how their electors vote. Electors have been replaced and disqualified for not following their pledge and some have been fined. However, no elector has been prosecuted yet. If none of the candidates receive the majority vote, the House of Representatives decides who will be elected. 

Many people support the Electoral College because it allows smaller states to be represented. States with smaller populations have the baseline two electoral votes and can make their own decisions instead of following the lead of more populated states such as California and New York. 

On the other hand, people dislike the Electoral College because in some cases, even if the majority of the country’s population votes for a candidate, they may still not win the presidency. This is because the votes are first counted individually within a state rather than for the total of the country. Additionally, sometimes elections can be decided through winning the electoral college, rather than through the total number of votes. For example, in the 2020 election, Donald Trump won against Hillary Clinton because of the number of electoral votes he received. Overall, Hillary Clinton received more votes, but through the electoral college, Donald Trump won the election.