"But in choosing the President, the votes shall be taken by States, the representation from each State having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the States, and a majority of all the States shall be necessary to a choice. And if the House of Representatives shall not choose a President, whenever the right of choice shall devolve upon them, before the 4th day of March next following, then the Vice President shall act as President, as in the case of the death or constitutional disability of the President. 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. But no person constitutionally ineligible to the office of President shall be eligible to that of Vice President of the United States." After voting, they make three lists of the persons, offices and number of votes, and the names of the State electors certified by the "executive authority" of the State; seal them, and certify each; transmit two to the president of the Senate, one by messenger and one by mail, and deposit the third with the Federal judge of the district. They have then no further functions. .
On the second Wednesday in February, in the Representatives Hall and in presence of both Houses of Congress assembled, the presi dent of the Senate opens and counts the State returns, and announces the result. In case of a tie the House decides by a majority of States, each having one vote; on a tie for Vice President, the Senate decides in.the same way. If no one candidate has a majority, the Houses decide in the same manner, choosing from the three highest candidates on the list. Thus, in 1824, John Quincy Adams was elected President by the House; in 1837 Richard M. Johnson was
elected Vice-President by the Senate. But sup pose the third and fourth are ties. This quite probable contingency has not been provided for, and may cause trouble. There was formerly a custom, when a State sent in conflicting elec toral returns, of announcing the final result tin the alternative"— so many votes with, so many without, the disputed returns; but the Act of 1887 ends this, and it was always unwork able where the disputed votes were vital to the ekction. By the 22d Joint Rule of Congress up to 1876, in case of dispute the returns from that State were thrown out, but in anticipation of the strugg,le over the returning boards, the Republican Senate on 20 Jan. 1876 repealed the rule.
In order to obtain the electoral votes of a State, a party must carry the State. In other words, the electoral vote of a State is deter mined by the highest popular vote cast in that State. The popular vote for electors is counted, but there is no electoral vote to count unless a State is carried. Consequently, the smaller parties which have not had a large enough popular vote to carry a State have not had the State votes in the electoral college, and must therefore be counted by popular vote only, having no representation in the electoral college at all.
The electoral system, despite its wide di vergence from the intent of its originators, and its undeniably undemocratic character, is never seriously menaced, because of its practical utility in settling the presidential question at once on the counting of State votes. With direct popular vote, where parties are closely balanced, the result could not be lcnown per haps for months.
In accordance with the Reapportionment Act of 1911 the number of electors in the sev eral State colleges is as follows: The whole number of electors in the United States, until another reapportionment is made, will remain at 531, and the majority necessary to secure an election to the presidency will be 266. See APPORTIONMENT.
Consult Dougherty, J. H., (Electoral System of the United States> (1906).