Election Day and the Electoral College

Election Day and the Electoral College

Yesterday was election day! I know this because 3,518 robots and one Clint Eastwood have left me voicemails reminding me to vote (and were even so kind as to let me know for whom I should vote). So, I'm going to take a brief break from employment law for a fun post on the electoral college. As you probably know, we don't vote directly for the president of the United States. Instead, we vote for an electoral college that in turn elects the president. As the Constitution provides:

Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector.

From there, the Twelfth Amendment kicks in:

The Electors shall meet in their respective states, and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same state with themselves; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice-President, and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice-President and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate;

Employers may want to check out Employee Voting Leave Laws in their state.

Read additional employment law articles on Phillip Miles' blog, Lawffice Space.

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