Not exact matches
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.
As for the presidential election, states actually
choose «
electors», and those
electors go to the Electoral College.
In the early 19th century, most states did not hold popular elections for presidential
electors and the legislature just
chose them directly;
as time went on, more and more states changed to doing popular vote for them, but
as recently
as 1876, the Colorado legislature appointed its
electors rather than hold an election because it was newly admitted and didn't have the time to do so.
The Founding Fathers only said in the U.S. Constitution about presidential elections (only after debating among 30 ballots for
choosing a method): «Each State shall appoint, in such Manner
as the Legislature thereof may direct, a Number of
Electors...» The U.S. Supreme Court has repeatedly characterized the authority of the state legislatures over the manner of awarding their electoral votes
as «plenary» and «exclusive.»
As electoral slates are typically
chosen by the political party or the party's presidential nominee,
electors usually have high loyalty to the party and its candidate: a faithless
elector runs a greater risk of party censure than criminal charges.
For example, in 2000
elector Barbara Lett - Simmons of Washington, D.C.
chose not to vote, rather than voting for Al Gore
as she had pledged to do.
It's impossible to say whether Trump would have done better or worse than under the electoral college, making the petition to have the
electors choose Hilary Clinton instead misguided, at least insofar
as they rely on the popular vote outcome
as justification.
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.