# Proposals to Reform Our Presidential Electoral System: A Survey of the Historical Background and Development of the Electoral College, and a Compilation of Proposals to Reform It,  With Pro and Con Analyses

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## Record

- **Collection:** Congressional research report
- **Document type:** CRS Report
- **Published:** August 1, 1984
- **Citation:** 84-150A

## Text

LC 14*2/!L:9'1-/5~
port No.

84-150A

780 1107

PROPOSALS TO REFORM OUR PRESIDENTIAL ELECTORAL SYSTEM:
A SURVEY OF THE HISTORICAL BACKGROUND AND DEVELOPMENT
OF THE ELECTORAL COLLEGE, AND A COMPILATION OF
PROPOSALS TO REFORM IT, WITH PRO AND CON ANALYSES

GOVERNMENT DOCUMENTS
COUECTtON

Thomas M. Durbin
Legislative Attorney
American Law Division

August 1, 1980
Updated August 1, 1984

T h e Congressional Research Senice works exclusivelv for
the Congress, conducting research. analvzing legdaticn. and
providing information at the request of committees, hlernbers, and their staffs.
T h e Service makes such research available, without partisan bias, in many forms including studies, reports, compilations, digests, and background briefings. Upon request, CRS
assists committees in analyzing legslative proposals and
issues, and in assessing the possible effects of these proposals
and their alternatives. T h e Service's senior specialists and
subject analysts are also available for personal consultations
in their respective fields of expertise.

CRS -iii

ABSTRACT
Tnie report discusses the present nethod of e l e c t i n 6 the President by the
dlectoral Gollege.

This report discusses the various s t a t e laws relating t o the

nomination and e l e c t i o n of Presidential e l e c t o r s .

The various proposals t o reform

the 2resent system of e l e c t i n g the President are discussed.

EXECUTIVE

SUMMARY

This report is essentially concerned with the proposals to reform the
present Electoral College system. The first part of the report pertains to
the introduction, background, and history of the Elector a1 College The
problem of the faithless elector i s discussed. Also discussed a r e the procedures for filling any vacancy i f a presidential or vice presidential candidate o r a president-elect o r a vice president-elect were to die.

.

The second part concerns state laws that regulate the nomination and
election of presidential and vice presidential electors. The various methods
of appointing electors,whether by state party conventions, o r by state party
committees, o r by state party primaries, a r e examined. And summaries
of the various laws of the States and the District of Columbia a r e examined,
The third, fourth, and fifth parts of the report discuss in general the
movement for the reform of the Electoral College. The various arguments
favoring the retention of the present system a r e analyzed and contrasted with
the arguments against the present system.
The sixth part analyzes the four types of proposals to reform the present
Electoral College system, The four reformative proposals include: (1) the
direct election plan; ( 2 ) the district plan; ( 3 ) the proportional plan; and (4)
the automatic plan. The direct election plan would provide for the direct
election of the president and the vice president by the popular vote cast throughout the United States. The district plan would preserve the Electoral College
system and provide that electors be chosen by the voters from the districts
created within each with each state having in addition two at-large electors.
Under the proportional plan, the Electoral College would be abolished, and the
electors would be apportioned among the presidential and vice presidential
candidates according to the number of popular votes received, thereby
eliminating the winner-take-all aspect of the present system. And the automatic plan would abolish the Electoral College and simply award the electoral
votes of each state to the presidential and vice presidential candidates who
received the greatest number of popular votes in the state. P r o and con
arguments f o r each of these proposals a r e examined.
The seventh part examines recent congressional proposals f o r the reform
of the Electoral College. Proposals in the 94th, 95th, 96th, 97th, and 98th
Congresses a r e analyzed.

CRS -vii
CONTENTS

Abstract.~................................~...m..~....e.

.....................................
Introduction .......................................
General Election and Election of Electors.. .......
Contested Elections of Presidential Electors.. ....

Executive Summary
I.

Certification of Electors Sent to Administrator
of General Services..

..........................
Persuading the Elected Electors.. ...............
Meeting of the Electoral College.. ................

Counting of Electoral Votes at a Joint Session of
Congress

.......................................6
Faithless Elector.. ............................ 9
Election Thrown Into House.. .................... 11
Absence of a Majority of Electoral Votes for a
Vice President..

............................... 17

Death of a Presidential Candidate o r President-. .
Elect..........................................
1. Death of a Presidential Candidate..

19

............ 19

2. Death of a President-Elect o r a Vice President-

Elect Before Inauguration..

................... 20

3. Death of Presidential and Vice Presidential

Candidates Not R.eceiving a Majority of Electoral
Votes Before the House and Senate Meet to Elect
21
Them.......................................
Failure to Elect By Inauguration Day.

............. 2 3

CRS -viii

L

and Vice President Being R.esidents
. ofPresident
Same State ....................................

23

. State Laws Concerning the Nomination and Election of
Presidential and Vice Presidential Electors .................... 25
A . Appointment of Electors .......................... 25

11

. State P a r t y Conventions ...........................28
C . State P a r t y Committees ........................... 28
D . State P a r t y P r i m a r i e s ............................ 29
B

E

. Summaries of State Laws Relating to the Nomina-

........... 30
III. Development of the Electoral College And Movement f o r Reform .. 112
IV . Arguments In Favor of Retaining the Present System ............ 117
V . Arguments Against the P r e s e n t System ........................ 120
VI . Proposals to Reform the Present System ...................... 127
A . Direct Election Plan ............................ 129
B . District Plan ................................... 151
C . Proportional Plan ............................... 164
D . Automatic Plan ................................. 180
tion and election of Presidential Electors

.

VII P r o p o s a l s in the 94th. 95th. 96th. 97th. and 98th Congresses
to Reform the P r e s e n t Method of Electing the President and
t h e v i c e President

..........................................190
A . 94th Congress Proposals ........................ 190
B . 95th Congress Proposals ........................ 195
C . 96th Congress Proposals ........................ 200

......................... 204
E. 98th Congress Proposals..... .,................... 208

D. 97th Congress Proposals..

PROPOSALS T O R.EF0R.M THE ELECTORAL COLLEGE

I.

Introduction
A.

G e n e r a l E l e c t i o n and E l e c t i o n of E l e c t o r s

The P r e s i d e n t of t h e United S t a t e s i s n o t e l e c t e d d i r e c t l y by t h e p e o p l e
a s a r e S e n a t o r s and R e p r e s e n t a t i v e s , b u t i n d i r e c t l y , by t h e E l e c t o r a l C o l l e g e ,
which i s composed of P r e s i d e n t i a l e l e c t o r s r h o a r e e l e c t e d d i r e c t l y by t h e people.
r h e d o n s t i t u t i o n of t h e United S t a t e s p r o v i d e s t h a t "Each S t a t e s h a l l app o i n t , i n s u c h manner as t h e L e g i s l a t u r e t h e r e o f may d i r e c t , a number o f e l e c t o r s , e q u a l t o t h e whole number of S e n a t o r s and R e p r e s e n t a t i v e s t o r h i c h t h e
S t a t e mag be e n t i t l e d i n Congress" (U.S.

C o n s t . , a r t . 11, $ l ) , and t h e twenty-

t h i r d amendment p r o v i d e s f o r e l e c t o r s from t h e D i s t r i c t of -IY or, thc11t.t o f i h s e voted
for to fill 111rollict o f Vice Pres~dlcnt:
Rrsol&l, T n o t the Seunte do now procttd to
chooae a Vice P ~ . r ,Supp.).
The statutory provisions covering regular primary elections
are not applicable to primaries for presidential electors
(5 118.105(4)).
(2) Minor and new parties
A political organization which cast at least 2 percent but less
than 20 percent of the total vote of the State at the last
presidential election may nominate candidates by convention
or by a primary election held by the party in accordance
with its constitution and bylaws. The certificates of nomination for statewide offices by such a convention or primary
election, signed by the presiding officer and secretary of the
convention or by the proper committee chairman and secretary, shall be filed with the Secretary of State not less than
55 days before the primary election ($5 118.015(1), 118.325(1),
(2), 118.365(4),Supp.). In case of presidential electors, the proceedings shall be as for major parties in (1) above, and the
certificate shall state the names of the party candidates for
President and Vice President ($118.325).Minor political parties who have failed to nominate candidates by convention,
or new parties who have failed to secure 2 percent of the
vote a t the last general election, may nominate by petition
as in the case of an independent candidate ($9 118.325,
118.015(1), 118.315; see Asher v. Johnson, 192 Ky. 575, 234
S.W. 18 (1921); 1960 Opinion of the Attorney General, 289).
(3) Independent candidates
A candidate may become an independent candidate when a
nominating petition is filed in his behalf signed by 5,000
qualified voters if office is voted for by entire State
(5 118.315, Supp.). Petitions should be filed with Secretary of

State (5 118.356), not more than 55 days prior to the date
fixed by law for the election of electors ($ 118.365(4), Supp.).
Presidential electors are State officers, Todd v. Johnson, 99
Ky. 548, 36 S.W. 987 (1896).
B. NAMES ON GENERAL ELECTION BALLOTS

Candidates for President and Vice President shall be entitled
to have their names placed on the ballot for the regular election if they are candidates of those political parties and organizations which have nominated presidential electors as provided in Kentucky Revised Statutes, § 118.325, where the certificate of nomination of such electors has been filed with the
Secretary of State within the appropriate time (5 118.305,
Supp.). In the case of elections for electors of President and
Vice President of the United States, the State board of elections shall issue a certificate of election to each elector of the
political party or organization whose candidates for President and Vice President received the highest number of
votes and the determination by the board that the candidates of any political party or organization for President and
Vice President have received the highest number of votes
shall constitute a determination that the electors nominated
by that party have been elected (5 118.425(5)).
C. STATUTORY INSTRUCTIONS

The electors or President and Vice President of the United
States shall convene a t the State capitol, a t 10:OO a.m. on the
first Monday after the second Wednesday in December next
after their election, give their votes a t or after 12:00 noon,
and make return thereof according to law. If any elector
fails to attend by 1230 noon on the day of the meeting, those
in attendance shall fill his place by the election on another
person, who shall have the same powers as if originally elected by the people ($ 118.445).

LOUISIANA
Presidential Electors: 10
A. NOMINATION

(1)Political Parties
Nominations for candidates for Presidential electors made by
each recognized political party shall be made in such
manner as shall be determined by a resolution adopted by
the State central committee of the respective recognized political party. Each recognized political party shall nominate
a full slate of candidates for 'elector, one from each congressional district and two from the State a t large (Louisiana Revised Statutes Annotated, title 18, § 1253(A)). The names of
candidates nominated b each recognized political party
shall be filed with the ecretary of State by sworn statement, which shall be known as a certificate of nomination.
The certificate of nomination shall be sworn to, signed, and
filed by the chairman and secretary of the State central committee, except when the State central committee orders the
nomination of presidential electors by a convention, in which
case the chairman and secretary of the convention shall

g

swear to, sign, and file the certificate of nomination (18,

li 1253(B)).

Each certificate of nomination shall contain:
(a) the name and place of residence of each candidate for
presidential elector;
(b)the particular office of presidential elector for which each
is nominated;
(c) the name of the recognized political party making the
nomination;
(d) the names of the candidates for President and Vice President supported by the party. In addition, a certificate of
nomination filed by the chairman and secretary of a State
central committee shall certify the adoption by the State
central committee of the resolution of the committee which
authorized the method of nomination, the method of nomination used, and the time and place where the nomination took
place. A certificate of a nominating convention also shall certify the adoption by the State central committee of the resolution which authorized the convention, the time, and place
where the convention was held, and the election of the chairman and secretary. Each certificate of nomination filed with
the Secretary of State shall be accompanied by the notarized
affidavit of each candidate for elector signifying that the certificate constitutes his acceptance of the nomination (18,
9 1253(C)).The certificate of nomination shall constitute full
proof of the nominations it recites and shall entitle the candidates for electors to each receive the number of votes received in the election by the party's candidate for President
(18, 9 1253(D)). If the nominees for the offices of President
and Vice President nominated by a national convention of a
recognized political party, together with a slate of candidates
for the offices of presidential electors to support such nominees, are not properly certified to the Secretary of State by
the state central committee of that party prior to five o'clock
p.m. on the first Tuesday in September in a presidential election year, the national chairman of the political party, after
notifying the chairman of the state central committee of that
political party, shall certify a slate of electors to certify the
nominees to support such nominees within forty-eight hours
thereafter (18, 9 1253(E), Supp.). A political party is recognized if one of its candidates for presidential elector received
at least 5 percent of the votes cast in the State for presidential electors in the last presidential election or if a t least 5
percent of the registered voters in the State are registered as
being affiliated with the political party (9 441).
(2) Independent candidates
Slates of independent candidates for presidential elector may
be nominated by nominating petitions or may qualify by the
payment of a qualifying fee of $500. An independent candidate for presidential elector may be registered to vote with
or without a declaration of party affiliation (9 1254(A)).
A nominating petition for a slate of candidates for the offices
of presidential elector shall be signed, filed, and certified as
provided for State candidates voted on throughout the State
(9 1254(B)).

Nominating petitions for the office of presidential elector
shall be in the form prescribed by Louisiana Revised Statutes, 18, § 465(D), except that in lieu of including the recognized political party with which the candidates are affiliated,
the petition shall contain in not more than three words the
political principle which the candidates represent. In lieu of
the date of the primary election for which the candidates
seek to qualify, the petition shall include the date of the general election. The petition shall also include the names of the
candidate for President and the candidate for Vice President
whom the candidates for elector support; however, neither
the candidate for President nor the candidate for Vice President supported by the slate of candidates for electors shall be
a candidate for that office supported by a recognized political
party or by a slate of candidates for elector who have previously filed a nominating petition for that election. Each petition shall contain a f d l slate of candidates for elector, one
from each congressional district and two from the State a t
large. Each nominating petition shall be accompained by the
notarized affidavit of each candidate for elector signifying
that the certificate constitutes his acceptance of the nomination (9 1254(C)). Certificates of nomination of presidential
electors and all nominating petitions shall be filed with the
Secretary of State during the period beginning on the first
Tuesday in August and ending a t 500 p.m. on the first Tuesday in September of each year in which a presidential election is to be held ($1255).
B. NAMES ON GENERAL ELECTION BALLOTS

In any year in which presidential electors are to be elected,
the Secretary of State shall arrange the voting machine
ballot on the vertical type voting machine so that the names
of candidates for President and Vice President shall apppear
on the ballot in the first column. On the horizontal type
voting machine the Secretary of State shall arrange the
voting machine ballot so that the names of candidates for
President and Vice President shall appear on the ballot in
the first two columns. Directly to the left of the names of the
presidential and vice presidential candidates on the vertical
type voting machine and directly above the names of the
presidential and vice presidential candidates on the horizontal type voting machine shall appear:
(a) if nominated by a recognized political party, the name of
the party and the national party emblem, if any, or State
party device, if any, as the state central committee of the
party shall direct; and
(b)if nominated by a nominating petition, the political principal which the candidates support, as stated on the nominating petition, if any, and the words "Nominating Petition"
or the abbreviation "Norn. Petition." Immediately below the
name of the party, "Nominating Petition," or "Nom. Petition" shall appear the word "Electors," and below this shall
appear the names of the presidential electors nominated in
support of the nominees for President and Vice President of
that party or political principal. In preparing the ballots, the
Secretary of State shall arrange the names of the candidates

of recognized political parties alphabetically, according to
the names of the parties, followed by the names of the candidates nominated by nominating petitions, listed alphabetically by designation of political principal. No candidate nominated other than by a recognized political party shall use the
name of any recognized political party in the political or
party designation of the candidate (9 1259).
C. STATUTORY INSTRUCTIONS
The electors shall meet in the State capitol in Baton Rouge
on the day appointed for their meeting by Federal law and
shall execute the duties and services enjoined upon them by
the Constitution and laws of the United States. Notice of the
time and place of the meeting shall be transmitted to each
elector by the Secretary of State no later than seven days
preceding the day of the meeting (9 1263).

MAINE
Presidential Electors: 4
A. NOMINATION
(1)Major parties
Presidential electors are nominated a t biennial State conventions of the respective parties held in presidential election
years between March 1 and August 1 (Maine Revised Statutes, title 21, § 401). A "major party" is one which at the last
gubernatorial election polled the greatest or next greatest
number of votes cast in the State for Governor ( Q 1.15).
(2) Minor and new parties
A "minor party" means one other than a major party
(6
." 1.17).
''party" refers to a political organization which has qualified
to participate in a primary or general election pursuant to
chapter 10 (9 1.21).
Candidates of minor parties must be selected by a primary
election held on the second Tuesday in June every general
election year (9s 1.21, 441, 448), except presidential electors,
who are nominated at party conventions ($8 401.2(C), 441).
(3) Independent candidates
A person may file as a candidate for any Federal, State, or
county office either by primary election or nomination petition, but not by both (9 491). A person who seeks nomination
by petition shall file a signed declaration of candidacy with
the Secretary of State by or before 5:00 p.m. on April 1 of the
election year in which that person will be a candidate (3 493).
Nomination petitions for a slate of candidates for the office
of presidential elector must be signed by at least 4,000 and
not more than 6,000 voters (5 494.5(A). A nomination petition
may not be signed before January 1 of the election year in
which it is to be used (§ 494.6). A nomination petition may
contain the candidate's consent and the candidate's political
desi ation, which shall not exceed three words in length,
shal not include the candidate's name, and shall not include
the name or designation of a party qualified to nominate
candidates by primary election (§ 494.1). The petition shall be
submitted to the registrar of each municipality for certifica-

Y

tion by or before 5:00 p.m. on the fifth day before the date of
the primary election ($ 494.8). The petition shall be filed in
the office of the Secretary of State by or before 500 p.m. on
the date of the primary election in the election year in
which it is to be used ($494.9). Names of presidential electors
must be placed on the petition as a slate. Names of candidates for President and Vice President shall be placed on a
petition for the nomination of presidential electors
(3 494.1(A)).
B. NAMES ON GENERAL ELECTION BALLOTS
The names of the electors must not be printed on the ballot.
A vote for a residential and vice residential candidate is
considered a bate for the electors representing that party
($9 ?01(1)(A), 1181).
C. STATUTORY INSTRUCTIONS

Electors shall vote by separate ballot for one person for
President and one person for Vice President ($ 1184(1) Ch.
360, $ 8, 1983 Session Laws.). A presidential elector is elected
from each congressional district and two a t large ($ 1181(AN.
They shall convene in the Senate chamber in Augusta on the
first Monday after the second Wednesday of December a t
2:00 p.m. following their election (9 1183). The presidential
electors a t large shall cast their ballots for presidential and
vice presidential candidates who received the largest number
of votes in the State. The presidential electors of each congressional district shall cast their ballots for the presidential
and vice presidential candidates who received the largest
number of votes in each congressional district ($1184(1)(A);
(Ch. 360, $ 9, 1983 Session Laws).
If any electors are not present, the electors present shall fill
the vacancy by majority vote ($1183).

MARYLAND
Presidential Electors: 10
A. NOMINATION
(1)Major parties
A major party is any party with which ten percent or more
of the registered voters of the State are affiliated, as shown
by the most recent statement of registration of the State Administrative Board of Election Laws (Annotated Code of
Maryland, Art. 33, $ 5-1, Supp.).
The State convention of any party shall nominate or provide
for the nomination of candidates for presidential electors of
the party in such manner as the convention determines. The
State convention shall nominate or provide for the nomination of as many candidates for presidential electors of the
party as this State is entitled to appoint. The names of persons nominated by the State convention as candidates for
presidential electors shall be certified by the presiding officers of the State convention to the State Administrative
Board of Election Laws ($ 12-3).
(2) Minor a n d new parties

If, in any general election for President of the United States
or Governor of the State, any political party polls less than
three percent of the entire vote cast in the State for the offices of President and United States Senator (if a Senator for
the State was elected a t such election), such party shall
cease to be a political party, and in subsequent elections
must qualify as a new party to participate in elections
(8 4C-1).
Any group of voters wishing to form a new political party
shall do so b:y filing with the State Administrative Board of
Election Laws a petition for formation of a political party
which shall declare their intention of organizing a State political party, the name of which shall be stated in the petition together with the name and address of the State chairman thereof and the names and addresses of a t least twentyfive persons who shall be designated as constituting the governing body of the party. Appended to the petition shall be
papers bearing the signatures of a t least ten thousand qualified voters of the State (9 4B-l(a)).
If the petition for the formation of a political party is properly drawn and filed, then, within ninety days after the filing
of the petition and appended papers, the persons designated
in the petitlon as constituting the governing body of the
party shall hold a n organizational meeting and shall adopt
for the conduct of the affairs of the party a n interim constitution and hylaws, which shall be filed with the State Administrative Board of Election Laws within thirty days after
adoption. Any amendments to the interim constitution and
bylaws shall likewise be filed with the State Administrative
Board of Election Laws within thirty days after adoption.
The said organizational meeting shall be convened by the
person designated in the petition as the State chairman of
the party, who shall preside as president pro tem of the
meeting until such time as party officers are elected (§ 4B-

l(D).
The interim constitution and bylaws shall provide for such
meetings as in the opinion of the governing body of the new
political party shall be necessary for the proper conduct of
party affairs and shall specifically provide for the selection
of a State central committee for the party, the selection of
party central committees for the several counties and Baltimore City, and for the selection of chairmen for the State
and local party central committees (5 4B-l(g)).
The interim constitution and bylaws shall also provide for
the manner of calling all meetings and for advance notification thereof; for rules governing the conduct of all meetings,
including the attendance required for a quorum; for a procedure for selecting party nominees for public office, subject to
the provisions of this article; and for the manner and
method of amending the interim constitution and bylaws of
the political party. The interim constitution and bylaws shall
also provide that no meeting of the political party or the governing body of the political party shall be called unless ten
days written notice thereof shall be given, by regular mail,
to each person entitled under the interim constitution and
bylaws to attend, addressed to the residence of such person

as disclosed by the records of the board of the county or Baltimore City in which such person is a voter. In the event
that it is necessary to call a meeting to fill a vacancy in a
party nomination for public or party office, it shall be sufficient if five days notice shall be given in a manner to be provided by the interim constitution and bylaws (Ibid.).
The nominees for public office of the party shall be selected
in the manner provided in the interim constitution and
bylaws of the party, but no such nominee shall appear upon
the ballot a t any general election unless the nominee has
complied with all the requirements of the provisions of the
subtitle "Nomination by Petition." including the filing of petitions with the election board or the several boards of the
State, which shall bear in addition to the name of the nominee, the name of the party, signed by not less than three percent of the registered voters who are eligible to vote for the
office for which election a t the general election is sought.
The political party shall not nominate more than one candidate for each public or party office to be filled a t the suceeding general election, except to fill a vacancy in a prior nomination (8 4B-l(h)).
(3) Independent candidates
A candidate for any public office who is registered as an independent or who is a member of or affiliated with a partisan organization which is not a political party may be nominated by petition ($7-l(a), Supp.).
A candidate for public office seeking nomination by petition
shall file a certificate of candidacy with a sworn statement
attached that he has on file with the election board or the
several boards of the State petitions signed by not less than
three percent of the registered voters who are eligible to vote
for the office for which such nomination by petition is sought
(87-l(b), Supp.).
The petition with the required number of signatures is to be
filed with the appropriate board by not later than 5 p.m. on
the first Monday in August (8 7-Uc), Supp.).
B. NAMES ON GENERAL ELECTION BALLOTS
Each citizen of the State entitled to vote for those persons
seeking Federal office shall have the right to vote for the
whole number of electors. The presidential electors of the
candidates for President and Vice President who receive the
highest number of votes shall be declared to be elected as
said electors, and shall be deemed so a pointed (§ 20-1). The
names of the candidates for presidentia electors shall not be
printed on the ballot, but in lieu thereof the names of the
candidates of each party for the office of President and Vice
President shall be printed thereon. A vote for said candidates for President and Vice President shall be deemed and
counted as a vote for each of the presidential electors of said
party (8 20-2).

!'

C. STATUTORY PROVISIONS

The presidential electors elected a t the November election
shall meet in the State House in Annapolis. After taking the
oath prescribed by the Constitution, they shall give their

votes for President and Vice President, on the day fixed by
law of the United States, for meeting of electors of President
and Vice President, and shall cast their votes for the candidates who received a plurality of the votes cast in the State
(0 20-4).
MASSACHUSETTS
Presidential Electors: 13
A. NOMINATION

(1)Major parties
The State committees of the respective political parties a t a
meeting called for the purpose shall nominate the presidential electors. The surnames of the candidates for President
and Vice President of the United States shall be added to
the party or political designation of the candidates for presidential electors. Such surnames and a list of the persons
nominated for presidential electors shall be filed by the State
chairmen of the respective political parties not later than
the second Tuesday of September (Massachusetts General
Laws Annotated, ch. 53, 3 8, Supp.). Nomination papers for
presidential elector are to be filed on or before the first Tuesday in June in which a presidential election is to be held.
June 5, 1984 (3 10, Supp.).
(2) Minor and new parties
At any primary, caucus or convention, each party having the
right to participate in or hold the same may nominate as
many candidates for each office for which it has the right to
make nominations therein as there are persons to be elected
to that office, and no more. A party which makes one or
more nominations shall be entitled to have the name of each
of its candidates printed on the ballot to be used a t the ensuing election; but, unless the nomination is made by direct
plurality vote in a primary or in several caucuses held in
more than one ward or in more than one precinct or group
of precincts, a certificate of nomination must be filed with
the Secretary of State ($9 1, 5, 10, Supp.).
Such State convention shall be held not earlier than 4 days
after the caucuses a t which delegates to such convention
were elected, and not later than 48 hours prior to the hour
for filing certificate of nomination (5 4).
The certificate of nomination with the candidates' written
acceptance, except for presidential electors, should be filed
by the secretary of the convention with the Secretary of
State within 72 hours succeeding 5:00 p.m. of the day on
which the caucus was held or the session of the convention
terminated ($0 5; 9, Supp.).
Nomination papers should include the party, if any, which a
candidate represents ($8, Supp.). Names of candidates for
President and Vice President shall be added to the party or
political designation of candidates for presidential electors
(9 8, Supp.). Provisions of this paragraph also apply to nomination papers for independent and new party candidates.
(3) Independent candidates
Nomination papers are required for candidates to be voted
on by the State at large, signed by voters equal in number to

2 percent of the entire State vote for Governor a t the last
biennial election (5 6, Supp.). Candidate's written acceptance
must accompany nomination papers (9 9, Supp.). Nomination
papers should be submitted to registrars of signer's city or
town of voting residence for certification on or before 5:00
p.m. of the 7th day before last date for filing (9 7, Supp.), and
should be filed with the Secretary of State (5 9, Supp.).
B. NAMES ON GENERAL ELECTION BALLOTS

The names of the candidates for presidential electors shall
not be printed on the ballot, but in lieu thereof, the surnames of the candidates of each part for President and Vice
President in one line under the esignation "Electors of
President and Vice President." A square in which the voter
may designate his choice for electors is a t the right of each
political designation. The candidates for electors are nominated to vote for the party's candidates for President and
Vice President. The vote for such latter candidates on the
State ballot, however, shall be deemed as a vote for the candidates for electors (ch. 54, @ 43, 43A, 78).

d

C. STATUTORY INSTRUCTIONS

Candidates for President and Vice President and State chairmen when filing the list of nominees for presidential elector
must also file an acceptance in writing signed by each candidate for presidential elector on a form to be provided by the
Secretary of State. The acceptance form shall include a
pledge by the presidential elector to vote for the candidate
named in the filing (ch. 53, 5 8).
In order to vote for presidential electors, the voter shall
make a cross in the square a t the right of the party or political designation appearing on the ballot a t the right of the
surnames of the candidates for President and Vice President.
Persons chosen as presidential electors shall meet a t the
statehouse on the date fixed by Federal law and organize. A
journal of their proceedings shall be kept and shall be deposited in the office of the Secretary of State (ch. 54, #78, 148).

MICHIGAN
Presidential Electors: 20
A. NOMINATION

(1)Major parties
Presidential electors are nominated by major parties a t their
respective regular fall State conventions (Michigan Compiled
Laws, 5 168.42). Such conventions shall be held not less than
66 days before the November general election a t a time and
place designated by the party State central committee. The
calls for such conventions shall be issued a t least 60 days
prior to the August primaries (5 168.591, Supp.).
The primar is held on the Tuesday succeeding the first
Monday in i u g u s t (5 168.534, Supp.). August 7, 1984
Each respective State central committee in its cail for the
State convention shall forward a notice to the chairman of
each county committee of the party showing the number of
delegates to which each county shall be entitled in the State

convention of the party, and the State central committee
shall apportion such delegates to the several counties in proportion to the number of votes cast for the candidate of the
party for Secretary of State in each of said counties, a t the
last preceding November election. In addition to the proportionate number of delegates allocated to each county, the
State central committees shall allocate an additional number
of delegates equal to the number of incumbent legislators
nominated by their party and residing in such county
(5 168.598, Supp.).
County conventions meet to choose delegates to the State
conventions which shall be held not less than 8 nor more
than 19 days after the August primaries (5 168.592, Supp.).
The names of all the candidates for electors as well as the
candidates of the party for the offices of President and Vice
President shall be certified by the State central committee of
each party to the Secretary of State and the various county
boards of election commissioners within 24 hours after the
conclusion of the conventions ($ 168.686).
(23 Minor and new parties
Any poiitical party which failed to have at least one candidate who received a t least 5 percent of the total vote cast for
all candidates for the office of Secretary of State in the last
preceding State election, either in the State or in any political subdivision affected, shall not make its nominations by
the direct primary method. The nomination of candidates of
such parties shall be made by means of caucuses and conventions ($5 168.532, 168.686a, Supp.). A convention for the selection of presidential electors shall be held a t least 66 days
prior to the November general election (9s 168.42, 168.591,
Supp.). Such nominations shall be certified by the chairman
and secretary of the convention or caucus, under oath, and
there shall accompany such certifications a written acceptance of nomination by each candidate and affidavit of identity ($9 168.686a, Supp., 168.558).
Nomination certificates shall also contain the designation of
the party (5 168.687). In each presidential election year,
names of a party's candidates for President and Vice President shall be filed at the same time ($168.686). The name of
no candidate of a new political party shall be printed upon
the official ballots of any election unless the chairman and
secretary of the State central committee of the party shall
have filed with the Secretary of State, a t least 3 months
before the primary election, a certificate signed by them
bearing the name of the party, and unless accompanying the
certificate there shall have been filed petitions bearing the
signatures of registered and qualified electors equal to not
less than one percent nor more than four percent of the
number of votes the successful candidate for Secretary of
State received at the last election in which a Secretary of
State was elected. The petitions shall be signed by a t least
100 residents in each of at least 9 congressional districts of
the State and not more than 35 percent of the minimum required number of the signatures may be resident electors of
any one congressional district (5 168.685, Supp.). No political
party, the principal candidate of which shall have received a

vote equal to less than one percent of the total number of
votes cast for the successful candidate for the office of Secretary of State at the last preceding election in which a Secretary of State was elected shall have the name of any candidate printed on the ballots at the next ensuring election, nor
shall a column be provided on the ballots for such party
(Ibid.).
New parties shall nominate presidential electors in the same
manner as other parties ($168.42).
B. NAMES ON GENERAL ELECTION BALLOTS

The names of the candidates for President and Vice President are printed on the general State ballot in lieu of the
names of the electors. The office title, however, reads "Electors of President and Vice President of the United States"
($ 168.706). A vote for the presidential and vice presidential
candidates shall be deemed a vote for their entire list of
presidential electors ($ 168.45).
C. STATUTORY INSTRUCTIONS

The electors shall convene in the senate chamber a t the
State capitol a t 2:00 p.m. on the first Monday after the
second Wednesday in December after their election (8 168.47,
Supp.). Those candidates for electors of President and Vice
President shall be deemed elected whose names have been
certified to the Secretary of State by that political party receiving the greatest mumber of votes for the office at the ensuing November election ($168.42).
MINNESOTA
Presidential Electors: 10
A. NOMINATION
(1)Major parties
Presidential electors are nominated by delegate conventions
called and held under the supervision of the respective State
central committees of the major parties of the State. The
names of the persons nominated as presidential electors
shall be certified to the Secretary of State by the chairman
of such convention for the office of presidential elector on or
before any primary election day (September 11, 1984) (Minnesota Statutes Annotated, 8 208.03, Supp.).
"Major political party" means a political party that maintains a party organization in the state, political division or
precinct in the question and:
(a) Which has presented at least one candidate for election to
a partisan office at the last preceding state general election,
which candidate received votes in each county in that election and received votes from not less than five percent of the
total number of individuals who voted in that election; or
(b)Whose members present to the county auditor a petition
for a place on the state partisan primary ballot, which petition contains signatures of a number of the party members
equal to at least five percent of the total number of individuals who voted in the preceding state general election in the

-

county where the application is submitted ($ 200.02, Subd. 7,
Supp.).
(2) Minor and new parties
Candidates for any partisan office who do not seek the nomination of a major Political Party shall be nominated by
nominating petition and shall file an affidavit of candidacy
($204B.03, Supp.). On petitions nominating presidential electors, the names of the candidates for President and Vice
President shall be added to the political party or political
principle stated on the petition. One petition may be filed to
nominate a slate of presidential electors equal in number to
the number of electors to which the State is entitled
($ 204B.07, Subd. 2, Supp.).
Nominating petitions shall be signed during the period when
petitions may be filed as provided in section 204B.09. A
nominating petition may be signed only by individuals who
are eligible to vote for the candidate who is nominated. No
individual may sign more than one nominating petition for
candidates for the same office unless more than one candidate is to be elected to that office. If more than one candidate is to be elected to the office, an individual may sign as
many petitions as there are candidates to be elected.
The number of signatures required on a nominating petition
for a state office voted on statewide shall be one percent of
the total number of individuals voting in the state a t the last
preceding state general election, or 2,000, whichever is less
($ 204B.08, Subds. 1-3, Supp.).
Candidates for Presidential electors may file affidavits and
petitions on or before the state primary day (September 11,
1984) ($ 204B.09, Subd. 1, Supp.).
(3) Independent candidates (See Minor and new parties
supra.).
B . NAMES ON GENERAL ELECTION BALLOTS

The names of the party candidates for President and Vice
President rather than the names of the persons nominated
for presidential elector are printed on the ballot, and a vote
for the candidate shall be counted as a vote for each of the
party's electors ($208.04, Supp.).
C. STATUTORY INSTRUCTIONS

The presidential electors, elected at the November election,
shall meet in the executive chamber a t the State capitol on
the day fixed by Congress for voting for President and Vice
President, and then and there perform all and singular
duties imposed upon them as such electors by the Constitution and laws of the United States and the State ($3 208.06208.08, Supp.).
MISSISSIPPI
Presidential Electors: 7
A. NOMINATION

(1) Major parties
Mississippi statutes provide that at a State convention of a
party, upon motion supported by 10 percent of the member-

ship of said State convention, a slate of electors pledged to
support the candidates for President and Vice President of
the national political party with which the party in the State
is affiliated shall be designated (Mississippi Code Annotated,
$ 23-1-17.)
Also upon motion supported by 10 percent of the membership of the State convention, a slate of unpledged electors
shall be designated (Ibid.).
A primary election shall be held the first Tuseday in S e p
tember in the year of the general election for President and
Vice President, and the group of electors receiving the most
votes a t the election shall be placed upon the ballot in the
general election as the electors of the political party. No
other group of electors shall be placed upon the ballot as the
electors of the political party (g 23-1-19, Supp.).
The electors pledged to support the national candidates of
the party must so certify to the Secretary of State in writing
a t least 60 days before the primary. Otherwise they shall be
placed on the primary ballot as unpledged (ibid.).
A three judge Federal court sustained the authority of the
State to provide statutorily for unpledged electors of a national party on the ballot (Gray v. Mississippi, 233 I?. Supp.
139 (D.Miss. 1964)).
(2) Minor a n d new parties
Under the primary or general election laws of the State, no
distinction is made between major and minor or new parties.
Any political party, in order to articipate in primaries shall
register with the Secretary of tate within 30 days after its
organization (§ 23-1-5).
At a State convention, upon motion supported by ten percent
of the membership of said State convention, a slate of electors shall be designated and selected for a place on the
ballot.
The application for registration of the party named to be
presented to the Secretary of State shall be accompanied by
an affidavit of the chairman or secretary of the party seeking registration, listing the names of the members of the
State extzutive committee, showing the chairman and secretar , together with the names of the national committeeman
a n'c! committeewoman, and all the officers of said party, and
setting forth that said executive committee and other officers
of such party have been elected in accordance with the provisions of 23-1-3, and the Secretary of State is authorized to
require proof as to the compliance with said section, when,
in his opinion, such party has not complied with same ($23-

Q

1-7).
- . ,.

It shall be unlawful for any person or group to set up any
political party in the State except in the manner provided by
law (8 23-1-11).
Political parties nominate candidates a t a primary and hold
the primary as required between slates of candidates for
nomination as presidential electors ($§ 23-1-15, 23-1-17).
(3) Independent candidates
Any candidate who has not been nominated by a political
party may have his name printed on the ballot in any general or special election if he requested to be a candidate by a

petition filed not less than 60 days before the election. If
running for an office elected by tho State a t large, the candidate should obtain si natures from not less than 1,000 qualified electors (Laws o 1978, H. B. 44, Chapter 429, Approved
March 27, 1978).

f

B. NAMES ON GENERAL ELECTION BALLOTS

The names of the electors are printed on the general election
ballot, and there may be indication of those candidates for
President and Vice President whom they are pledged to s u p
port (5 23-1-21).
The group of electors receiving the most votes at the primary election shall be placed upon the ballot in the general
election as the electors of the political party, and no other
group of electors shall be placed upon the general election
ballot as the electors of the political party (5 23-1-19, Supp.).
Nothing in the Mississippi statutes shall be construed to
place mandatory or inhibitory restrictions upon the office of
elector for President and Vice President contrary to the provisions of the United States Constitution ($23-1-23).
When presidential electors are to be chosen, the Secretary of
State of Mississippi shall certify to the circuit clerks of the
several counties the names of all candidates for president
and vice president who are nominated by any national convention or other like assembly of any political party or by
written petition si ned by a t least one thousand (1,000) qualified voters of this tate.
(2) The certificate of nomination by a political party convention must be signed by the presiding officer and secretary of
the convention and by the chairman of the state executive
committee of the political party making the nomination. Any
nominating petition, to be valid, must contain the signatures
as well as the addresses of the petitioners. Such certificates
and petitions must be filed with the state board of election
commissioners by filing the same in the office of the secretary of state not less than sixty (60) days previous to the day
of the election.
(3) Each certificate of nomination and nominating petition
must be accompanied by a list of the names and addresses of
persons, who shall be qualified voters of this state, equal in
number to the number of presidential electors to be chosen.
Each person so listed shall execute the following statement
which shall be attached by the certificate or petition when
the same is filed with the state board of election commissioners: "I do hereby consent and do hereby agree to serve as
elector for President and Vice President of the United
States, if elected to that position, and do hereby agree that,
if so elected, I shall cast my ballot as such for --- for
President and --- for Vice President of the United
States" (inserting in said blank spaces the respective names
of the persons named as nominees for said respective offices
in the certificate to which this statement is attached).
(4) The State board of election commissioners and any other
official charged with the preparation of official ballots shall
place on such official ballots the words "Presidential electors
for (here insert the name of the candidate for President, the

f

word 'and' and the name of the candidate for Vice President)" in lieu of placing the names of such presidential electors on such official ballots and a vote cast therefor shall be
counted and shall be in all respects effective as a vote for
each of the presidential electors representing such candidates for president and vice president of the United States.
In the case of unpledged electors, the state board of election
commissioners and any other official charged with the preparation of official ballots shall place on such official ballots
the words, "Unpledged electors of (here insert the name of
the political party)" or "Unpledged elector (here insert the
name of an individual unpledged elector if placed upon the
ballot based upon a petition granted in the manner provided
by law stating the individual name of the elector rather than
a slate of electors)" (5 23-5-210, Supp.).
C. STATUTORY INSTRUCTIONS

The electors chosen shall meet a t the seat of government of
the State on the first Monday after the second Wednesday in
December next following their election, and shall there give
their votes for President and Vice President of the United
States, and shall make return thereof agreeably to the laws
of the United States; and should any elector so chosen fail to
attend and give his vote, the other electors attending shall
appoint some person or persons to fill the vacancy or vacancies, who shall attend and vote as electors; and such appointment shall be reported to the Secretary of State (§ 23-5-213).

MISSOURI
Presidential Electors: 11
A. NOMINATION

(1)Major parties
The State committee of any established political party may
call a convention of delegates to be apportioned, chosen, or
elected in such manner as it may prescribe for the purpose
of nominating presidential electors (Vernon's Annotated Missouri Statutes, 9 115.625). The term "established political
party" for the State means a political party which a t either
of the last two general elections polled for its candidate for
any statewide office more than two percent of the entire vote
cast for the office (9 115.013(10),Supp.).
Not later than the third Tuesday prior to each presidential
election, the State committee of each established political
party shall certify in writing to the Secretary of State the
names of its nominees for presidential elector. At least one
qualified resident of each congressional district shall be
named as a nominee for presidential elector by each State
committee, and the number of nominees for presidential
elector named by each State committee shall equal the
number to which the State is entitled ($115.399(2)).
(2) New parties
Any group of persons desiring to form a new political party
throughout the State shall file a petition with the Secretary
of State. The petition shall declare the intention to form a
new political party, state the names of the proposed party,

give the names and addresses of candidates to be nominated
for office, and state the office for which each candidate is to
be nominated. If presidential electors are to be nominated by
petition, a t least one qualified resident of each congressional
district shall be named as a nominee for presidential elector.
The number of candidates to be nominated shall equal the
number of electors to which the State is entitled, and the
names of their candidates for President and Vice President
shall be printed on each page or a sheet attached to each
page of the petition. The names of the candidates for President and Vice President may be added to the party name,
but the names of the candidates for President and Vice
President shall not be printed on the official ballot without
their written consent. Their written consent shall accompany and be deemed part of the petition. If the new party is to
be formed for the entire State, the petition shall be signed by
the number of registered voters in each of the several congressional districts which is equal to at least one percent of
the total number of votes cast in the district for Governor in
the last gubernatorial election or by the number of registered voters in each of one half of the several congressional
districts which is equal to at least two percent of the total
number of votes cast in the district for Governor at the last
gubernatorial election (5 115.315).
The filing of a valid petition shall constitute the political
group a new party for the purpose of placing its name and
the names of the candidates which appeared on the petition
on the ballot at the next general election or the special election if the petition nominates a candidate to fill a vacancy
which is to be filled at a special election. If presidential electors are nominated by the petition, the names of the candidates for elector shall not be placed on the official ballot, but
the names of their candidates for President and Vice President shall be placed on the official ballot a t the next presidential election (9 115.317).
The Secretary of State shall not accept for filing any petition
for the formation of a new party which is submitted before 8
a.m. on the day immediately following the general election
next preceding the general election for which the petition is
submitted or which is submitted after 5 p.m. on the first
Monday in August immediately preceding the general election for which the petition is submitted (5 115.329).
(3) Independent candidates
Any person desiring to be an independent candidate for any
office to be filled by voters throughout the State shall file a
p e t i t i o ~with the Secretary of State. The petition shall d e
clare the intention to nominate an independent candidate,
state the name and address of the independent candidate,
and the office for which the candidate is to be nominated. If
independent candidates for presidential elector are to be
nominated, a number of independent candidates for presidential elector equal to the number of electors to which the
State is entitled shall be nominated by one petition, and the
names of their candidates for President and Vice President
shall be printed on each page or a sheet attached to each
page of the petition. At least one qualified resident of each

congressional district shall be named as a nominee for presidential elector, and the name and address of each candidate
shall be printed on each page or a sheet attached to each
page of the petition. The names of the candidates for President and Vice President shall not be printed on the official
ballot without their written consent. Their written consent
shall accompany and be deemed part of the petition
(5 115.321).
If an independent candidate is to be nominated for a
statewide office, the petition shall be signed by the number
of registered voters in each of the congressional districts
which is equal to a t least one percent of the total number of
votes cast in the district for Governor at the last gubernatorial election or by the number of registered voters in each of
one half of the congressional districts which is equal to at
least two percent of the total number of votes cast in the district for Governor at the last gubernatorial election. The
name of each person who files a valid petition for nomination as an independent candidate shall be placed on the official ballot as an independent candidate for the office at the
next general election or the special election if the petition
nominates a candidate to fill a vacancy which is to be filled
at a special election. If presidential electors are nominated
by the petition, the names of the candidates for elector shall
not be placed on the official ballot, but the names of their
candidates for President and Vice President shall be placed
on the official ballot a t the next presidential election
(9 115.321).
The Secretary of State shall not accept for filing any petition
for the nomination of an independent candidate which is
submitted before 8 a.m. on the day immediately following
the general election next proceding the general election for
which the petition is submitted or which is submitted after 5
p.m. on the first Monday in August immediately preceding
the general election for which the petition is submitted
(3 115.329).
B. NAMES ON GENERAL ELECTION BALLOTS

In place of the names of candidates for electors of President
and Vice President of any political party or group of petitioners there shall be printed the names of candidates of
each political party for President and Vice President. A vote
for any of such candidates for President and Vice President
shall be a vote for the electors of the party by which such
candidates were named and whose names have been filed
with the Secretary of State (Information received from office
of Missouri Secretary of State; see also $5 115.317 and
115.321).
C. STATUTORY INSTRUCTIONS
Not later than the third Tuesday before each presidential
election, the State committee of each established political
party shall certify in writing the the Secretary of State the
names of its nominees for presidential elector (3 115.399).
The electors of President and Vice President shall meet and
give their votes on the first Monday after the second

Wednesday in December following their appointment (3
U.S.C. $ 7). The electors are notified of their election, and
they assemble at the seat of government by 2:00 p.m. of the
day specified by 3 U.S.C. 9 7 to perform the duties enjoined
upon them by Federal law. If there is a failure to elect, the
electors attending a t the time and place shall appoint a suitable person or persons to fill the vacancy or vacancies
($ 128.130).

MONTANA
Presidential Electors: 4
A. NOMINATION

(1)Major parties
Every political party that had a candidate for a statewide
office who received a total vote that was 5 percent or more of
the total votes cast for the successful candidate for Governor
a t the last general election shall nominate presidential electors and file certificates of nomination for these candidates
with the Secretary of State no later than 45 days before the
general election and in the manner and number provided by
law (Montana Code Annotated, $9 13-10-601 and 13-25-101).
The Secretary of State shall certify to the election administrator the names of the candidates for President and Vice
President of the several political parties, which shall be
printed on the ballot. The names of candidates for electors of
President and Vice President may not be printed upon the
ballot (Montana Code Annotated, $13-25-101).
(2) Independent or minor party candidates
An individual who desires to run for President or Vice President as an independent candidate or as a candidate of a
party which did not receive in an election for a statewide
office a total vote that was 5 percent or more of the total
votes cast for the successful candidate for Governor a t the
last general election must file a petition for nomination with
the Secretary of State 90 days prior to the date of the general election. The petition must first be submitted, a t least one
week before the deadline for filing, to the election administrator in the county where the signer resides for verification
and certification. The petition must have the signatures of
electors equal to 5 percent or more of the total votes cast for
the successful candidate for Governor a t the last general
election. The names of the candidates for the required
number of presidential electors allowable to Montana shall
be certified to the Secretary of State when the petition for
nomination is filed (Montana Code Annotated, $13-10-504).
B. NAMES O N GENERAL ELECTION BALLOTS

The names of candidates for electors or President and Vice
President may not be printed on the ballots; only the names
of the candidates for President and Vice President should
appear on the ballots (Montana Code Annotated, $ 13-25101).

C. S T A T W R Y INSTRUCTIONS

The electors shall meet in Helena at 2:00 p.m. on the first
Monday after the second Wednesday in December following
their election. They shall vote by separate ballots for one
person for President and one for Vice President. They shall
make lists of the persons voted for, indicate the number of
votes for each, certify, seal, and transmit the lists as prescribed by United States laws (Montana Code Annotated,
$$ 13-25-104 and 13-25-105; information received from office
of Montana Secretary of State).

NEBRASKA
Presidential Electors: 5
A. NOMINATION

(1) Major parties
The parties nominate electors for President and Vice President, at the postprimary State conventions of their respective parties, which conventions shall be held on a date fixed
by the State central committee of the party, but not later
than October 1. The names of the candidates for presidential
electors shall be certified to the Governor by the officers of
such convention (Revised Statutes of Nebraska, $ 32-556).
Partisan candidates for the offices of President and Vice
President shall be certified to the Governor and the Secretary of State by the national 'nominating convention as provided by law ($32-504).
A party's State central committee shall fix the representation in the State convention for the various counties in the
State on the basis of the vote cast for the party's candidate
for President at the last preceding presidential election, and
shall make appropriate announcement of such action at least
30 days prior to holding county conventions ($ 32-554).
Each county central committee shall fix the representation
in the county conventions for the various precincts of the
county on the basis of the vote cast for the party's candidate
for President at the last preceding presidential election.
Each precinct shall be entitled to at least two dele ates to
the county convention. Each county convention sha 1 select
delegates to the State convention ($ 32-551).
(2) Minor and new parties
A party which failed to poll at least 5 percent of the entire
vote in the State must use the methods prescribed for a
newly formed party in order to get its candidates' names
upon the primary ballot ($ 32-521). See also State v. Marsh,
123 Nebraska 423; 243 N.W. 277 (1932).
In order to form a new olitical party there shall be presented to the Secretary of tate petitions containing signatures
totaling not less than one percent of the total votes cast for
the office of Governor at the most recent general election for
such office. The signatures of registered electors on such petitions must be so distributed as to include qualified registered electors totaling a t least one percent of the votes cast
for Governor in the most recent gubernatorial election in
each of at least one-fifth of the counties in the State. The petitions must be filed with the Secretary of State a t least

Y

g

ninety days before any State primary election held under the
laws of this State if the new political party desires to have
ballot position in the primary election of that year. If the
new political party desires to be established and have ballot
position for the general election and not in the primary of
that year, such petitions must be filed with the Secretary of
State on or before August 1 of that year. Prior to the circulation of such petitions to form a new political party, a sample
copy of such petitions must be filed with the Secretary of
State by the individual, group or association seeking to establish the new party. In addition, the sample petition shall
be accompanied by a verified list of the names and addresses
of the individual or the members of the group or association
sponsoring the petition to form a new political party (§ 32526(1), Supp.).
Every circulator of a petition shall be not less than the constitutionally prescribed age of an elector, a resident, and a
registered voter of the State of Nebraska and of the county
wherein the petitioners reside (§ 32-526 (3), Supp.).
Clerical and technical errors in a petition shall be disregarded if the forms prescribed are substantially followed (§ 32526 (41, Supp.).
Within ten days after all petitions containing signatures are
filed with the Secretary of State, he shall determine the validity and sufficiency of such petitions and signatures. If the
petitions to form the new political party are determined to
be sufficient and valid, the Secretary of State shall issue a
certification establishing the new political party. Copies of
such certification shall be issued to the person, group or association forming the new political party. Within twenty
days after the certification of establishment of the new political party by the Secretary of State, the person, group or association forming the party or its new officers shall file with
the Secretary of State the constitution and by-laws of such
party along with a certified list of the names and addresses
of the officers of the new political party ($32-526 (51, Supp.).
The petitions to form a new political party shall state the
name of the party to be formed, but the name of any then
existing political party or any word forming any part of the
name of any party then existing shall not be adopted (§ 32526 (61, Supp.).
A new political party established prior to the primary election of that year shall be entitled to have a separate party
ballot at the next primary election held thereafter. Such
party and its candidates shall be subject to and governed by
the statutes governing existing political parties. Candidates
for political office may register as members of the new political party and file for office as candidates under the party
label of the new political party in accordance with the filing
deadlines as established by law ($ 32-526 (7), Supp.).
Any person signing any name other than his own to any petition or knowingly signing his name more than once, or who
is not, a t the time of signing or circulating the same, a legal
voter and qualified to sign or circulate the same, or any
person who shall falsely swear to any si ature upon any
such petition, or any officer or person will ully violating any

r

provision of this section, shall be guilty of a class V misdemeanor ($32-526 (8), Supp.).
Candidates for the offices of President and Vice President of
newly established political parties or of an independent
status may obtain general election ballot position by filing
with the Secretary of State an application with the following
information:
(a) the name or names to be printed on the ballot;
(b)the status of the candidacy, whether independent or partisan;
(c) the written consent of the designated vice presidential
candidate to have his or her name printed on the ballot;
(dl a list of names and addresses of the ersons to represent
the applicant as presidential elector eanidates and the written consent of these persons to become candidates; and
(el a petition signed by qualified voters numbering not less
than 2,500. The petitions shall not be circulated until after
the date of the primary election in that election year (9 32504 (21, (c), Supp.).
(3) Independent candidates
Candidates for the offices of President and Vice President of
an independent status may obtain general election ballot position by filing with the Secretary of State an application
containing the following information:
(a) the name or names to be printed on the ballot;
(b) the status of the candidacy, whether independent or partisan;
(c) the written consent of the designated vice presidential
candidate to have his or her name printed on the ballot;
(dl a list of names and addresses of the persons to represent
the applicant as presidential elector candidates and their
written consent to become candidates; and
(el a petition signed by qualified voters numbering not less
than 2,500. These petitions shall not be circulated until after
the date of the primary election in that election year. Voters
who voted in the primary of any political party that held a
presidential preference primary that year are ineligible to
sign the petitions of an independent candidate for President
(8 32-504 (21, (c), Supp.).
B. NAMES ON GENERAL ELECTION BALLOT

At least sixty days prior to any general election a t which
candidates for President and Vice President are to be voted
upon by the electors of the State, the appropriate officers of
the various national political conventions shall certify the
names and addresses of such candidates selected by convention to the Secretary of State. The Secretary of S t a b then
takes appropriate steps to place the names of the presidential and vice-presidential candidates on the ballot in accordance with provisions of law (§ 32.561).
The candidates of political parties nominated a t conventions
for presidential elector do not appear on the ballot. In their
places appear the names of candidates for President and
Vice President ouped together in the space entitled "Presidential l'icket."~here is no write-in voting for F'resident
(presidential electors) (9 32-428). The canvass of the votes for

candidates for President and Vice President and the return
thereof is a canvass and return of the votes cast for presidential electors of the same party or group of petitioners respectively and certificates of election are issued to the electors
(§§ 32-4, 101; 32-4, 104).
C. STATUTORY INSTRUCTIONS
The electors are issued a certificate of appointment by the
Governor directing them to be at the State capitol a t noon
on the first Monday after the second Wednesday in December and report to the Governor as being in attendance. The
electors convene at 2 p.m. on such Monday a t the executive
office in the capitol and proceed to fill any vacancy in the
office of elector. The college of electors proceeds with the
election of a President and Vice President and certifies their
votes in conformity with the Constitution and laws of the
United States (# 32-546 to 32-549).

NEVADA
Presidential Electors: 4
A. NOMINATION

(1) Major parties
Candidates for presidential electors are nominated a t the
same party State convention at which delegates to the national convention are selected (Nevada Revised Statutes,
8293.163). Each political party in this State, qualified by law
to place upon the general election ballot candidates for the
office of President and Vice President of the United States in
the year when they are to be elected, shall, at the State convention of the political party held in that year, choose from
the qualified electors, who are legally registered members of
such olitical party, the number of presidential electors reuire by law and no more, who shall be nominated by the
Ielegates at the State convention. Upon the nomination
thereof, the chairman and the secretary of the convention
shall certify the names and addresses of such nominees to
the Secretary of State, who shall record the names in his
office as the presidential elector nominees of that political
party (9 298.020).
(2) Minor and new parties
Any organization of registered voters which, at the last general election, polled for its candidates an equivalent of 5 percent of the total vote cast for Representative in Congress,
may nominate its candidates in the primary election. To
qualify as a political party any organization shall, under a
common name or designation, file a petition with the Secretary of State not less than 60 days before any primary election signed by a number of registered voters equal to or
more than 5 percent of the entire number of votes cast at
the last preceding general election for Representative in
Congress, declaring that they represent a political party or
principle the name of which is stated in the petition, and
that they desire to participate and nominate candidates in
the primary election. The names of the voters need not all be
on one petition, but each petition must be certified by a t

1

least one of its signers to the effect that the signers are registered voters of the State according to his best infdrmation
and belief (3 293.128).
(3) Independent candidates
A certificate of nomination shall be signed by registered
voters within the State, equal in number to at least 5 percent of the total number of ballots cast a t the last preceding
general election. It may state the principle, if any, which the
candidate represents. The certificate shall be filed with the
proper filing officer not earlier than the 2nd Monday in June
and not later than 5 p.m. on the last Friday in June. A
person may not file as an independent candidate if he, in
fact, is proposing to run as the candidate of a political party
whose name includes the word "independent" (9 293.200).
The statute does not specifically include or exclude the nomination of independent presidential elector candidates.
B. NAMES ON GENERAL ELECTION BALLOTS

The names of the candidates for elector are not printed on
the ballot. In the general election only the names of the candidates of the respective parties for President and Vice President are printed on the ballot, but the presidential elector
nominees of the political party whose candidates for President and Vice President receive the highest number of votes
shall be deemed the elected presidential electors and there
after they shall perform the duties of presidential electors
required by law and the Constitution of the United States
(5 298.020).
C. STATUTORY INSTRUCTIONS

The presidential electors so chosen shall convene at the seat
of government on the 1st Monday after the second Wednesday in December next after their election, at 2:00 p.m., or on
such other date the Congress of the United States may by
law hereafter provide (3 298.030). The presidential electors,
when convened, shall vote by ballot for one person for President and one person for Vice President, one of whom, at
least, shall not be an inhabitant of the State. The presidential electors shall vote only for the nominees for President
and Vice President of the party that prevailed in the State
in the preceding general election (8 298.050).
NEW HAMPSHIRE
Presidential Electors: 4
A. NOMINATION

(1)Major parties
Not earlier than the third Tuesday of September following
any primary and not later than the first Tuesday of October,
upon the call of the chairman of the State committee of the
party, the nominees of each party for the offices of Governor,
councilors, State senators, county officers, representatives,
and State delegates elected shall meet in State convc-1t;on
for the purpose of nominating presidential electors nominated by the convention shall be certified to the Secretary of
State by the chairman and the clerk of the convention. Upon

receipt of the foregoing certifications, the Secretary of State
shall publish in some paper of general circulation the names
of the persons found by him to have been chosen as candidates for presidential electors by the several parties (New
Hampshire Revised Statutes Annotated, $ 667:21).
(2) Minor and new parties
As an alternative to nomination by party primary, a candidate may have his name placed on the ballot by submitting
the requisite number of nomination papers. This alternative
would appear to apply to political organizations which a t the
preceding State general election received less than 3 percent
of the total number of votes cast for the office of Governor
($9 652:ll and 655:40). For candidates for President and Vice
President 3,000 names of legal voters are required, and 1,500
signatures from each congressional district are required in
obtaining the requisite 3,000 (9 655:42). The nomination
papers are to be filed with the Secretary of State no later
than 5:00 p.m. on the day of the primary (9 65543 I) (Sept.
11. 1984).
independent candidates have to submit nomination papers
as an alternative to nomination by party primary. The nomination papers must contain 3,000 names, of which 1,500 must
be from each congressional district. The nomination papers
are to be filed with the Secretary of State no later than 500
p.m. of the primary (9 655:40-9 65543) (Sept. 11, 1984).
B. NAMES ON GENERAL ELECTION BALLOTS

The names and addresses of the presidential electors shall
not be printed on the ballot; but, in lieu thereof, the names
of a party's candidates for President and Vice President
shall be printed under the designation "Electors of President
and Vice President of the United States." If a nomination
has been made by nomination papers, the words "Nom.
Papers" shall be added to the name of the political arty
($ 656:4). In the case of electors of President and Vice resident, one square shall be placed on the ballot opposite the
designation "Electors of President and Vice President of the
United States" (9 65623).

8

C. STATUTORY INSTRUCTIONS
The electors of the President and Vice President shall meet
in the State House in Concord on the day fixed by law and
by 12:OO o'clock a t midday shall give notice to the Governor
and council of the number of electors present who accept the
office (5 66097). The electors shall give their votes for President and Vice President on said day and shall proceed according to law (9 660:29).
NEW JERSEY
Presidential Electors: 16
A. NOMINATION
(1)Major parties
In presidential years the State committee of a political party
shall meet a t the call of its chairman, within 1 week following the closing of the party's national convention, for the

purpose of nominatin candidates for electors of President
and Vice President. &e State committee shall certify such
nomination in a written or printed certificate of nomination
(New Jersey Statutes Annotated, 19:13-15).
(2) Minor and new parties
A political party which fails to poll at any primary election
a t least 10 percent of the votes cast in the State for members
of the general assembly a t the next preceding general election shall not be entitled to have a party column on the official ballot at the ensuing election for which the primary
election was held. In such a case the names of the candidates
so nominated at the primary election shall be printed in the
column designated "nomination by petition", followed by the
designation of the political party of which the candidates are
members (5 19:5-1).
Nomination petitions shall be signed by qualified voters of
the State, equal in number to 2 percent of the entire vote
cast for members of the general assembly at the last preceding general election, except that no more than 800 signatures are required for officers to be elected by the State at
large (5 19:13-5).
Petitions nominating electors of President and Vice President may contain the names of candidates for President and
Vice President for whom such electors are to vote ($19:13-4).
(3) Acceptance
A candidate nominated by petition shall sign a written acceptance thereof under oath, which shall be attached to the
nomination petition (5 19:13-8).
(4) Oath of allegiance
Attached to the nomination papers shall also be the oath of
allegiance, stating that the candidate does not believe in the
use of force or other unlawful or unconstitutional means to
overthrow or make any change in the government established in the United States or in the State (5 19:13-8). Nominating txtitions with attachments should be filed with the
~ecreia;~
of State a t least 40 days before the primary
(5 19:13-9).
B. NAMES ON GENERAL ELECTION BALLOTS

When presidential electors are to be elected, their names
shall not be printed upon the ballot, either paper or voting
machine, but in lieu thereof, the names of the candidates of
their respective parties or political bodies for President and
Vice President of the United States shall be printed together
in pairs under the title "Presidential Electors for." All ballots marked for the candidates for President and Vice President of a party or political body shall be counted as votes for
each candidate for presidential elector of such party or political body (9 19:14-8.1).
C. STATUTORY INSTRUCTIONS

The electors shall convene at the Statehouse at Trenton on
the day appointed by Congress for that purpose and proceed,
after choosing their officers, to perform the duties required
of them by the Constitution and laws of the United States
($5 19:36-1 to 36-3).

NEW MEXICO
Presidential Electors: 5
A. NOMINATION

(1)Major parties
On or before June 1 of each year in which the President and
Vice President of the United States are to be elected, the
Secretary of State shall send written notice to the State
chairman of each qualified political party in New Mexico setting forth the method and requirements for nominating and
electing presidential electors a t the general election (New
Mexico Statutes Annotated, 9 1-15-1). Presidential electors
shall not be nominated at the primary election (§ 1-15-2).
Any qualified political party in New Mexico desiring to have
candidates for President and Vice President on the general
election ballot in a presidential election year shall, at a State
party convention held in the year of the election, choose
from the voters of the party the number of presidential electors required by law and no more. The presidential electors
shall be nominated by the State convention according to the
rules of that party on file with the Secretary of State. Upon
the nomination of presidential electors, the chairman and
secretary of the convention shall certify the names and addresses of the nominees not less than fifty-six days before the
election to the Secretary of State ($1-15-3).
(2) Minor parties and new parties
To qualify as a political party in New Mexico, each political
party through its governing body shall adopt rules and regulations providing for the organization and government of
that party and shall file the rules and regulations with the
Secretary of State. Such rules and regulations shall be adopted uniformly throughout the State by the county organizations of that party and shall be filed with the county clerks.
Each county political party organization may adopt such
supplementary rules and regulations insofar as they do not
conflict with the uniform State rules and regulations or do
not abridge the lawful political rights of any person. Such
supplementary rules shall be filed with the county clerk and
the Secretary of State in the same manner as other rules are
filed.
Beginning with the general election in 1976, if two successive
general elections are held without at least one candidate
from the qualified political party on the ballot, the party will
no longer be considered "qualified" for purposes of the election code. After giving notice by registered mail to the State
chairman of the party at his last known address, the Secretary of State shall remove all material dealing with the political party from his file of parties qualified in New Mexico.
The Secretary of State shall then notify all county clerks of
the removal and nonqualification of the political party. The
county clerk is then authorized to remove such rules and
regulations from the county files. The county clerk shall immediately notify by mail all voters registered as members of
such party of the removal and nonqualification of the party.
To requalify, the party must again comply with the provi-

sions of the election code dealing with filing requirements
for political parties (8 1-7-2).
The Secretary of State and the county clerk shall not accept
the rules and regulations of any political party for filing
unless such rules and regulations provide:
(a) a method for nominating candidates for the general election;
(b) a method for calling and conducting conventions;
(c) a method for selection of delegates to conventions;
(d) a method for selection of State central committee members;
(el a State chairman and other party officers, and all other
members of governing bodies of the party;
(fl a method for filling vacancies in party offices, committees
and other governing bodies;
(g) the powers and duties of party officers, committees and
other governing bodies;
(h) for the structure of the State and county party organizations;
(i) that meetings to elect any party officers, including delegates, shall be held a t a public place during the week specified by the State party chairman;
(j)that notice of such meetings shall be published by the officers of the county party organization in a newspaper of general circulation a t least 14 days prior to the meeting and the
notice shall specify the time, date and place for holding the
meeting; and
(k) a method for amending the party rules and regulations
(Q 1-7-3).
Each political party shall file its rules and regulations
within thirty days after its organization and a t least seventyone days before any election in which i t is authorized to participate (§ 1-7-4).
Upon the nomination of presidential electors, the chairman
and secretary of the convention shall certify the names and
addresses of the nominees not less than fifty-six days before
the election to the Secretary of State. The Secretary of State
shall record the nominees' names in his office as the presidential elector nominees of that party (Q 1-15-31.
(3) Independent candidates
Nomination as an independent candidate shall be made by
filing a declaration of independent candidacy and a nominating petition signed by a number of voters equal to a t least 3
percent of the total number of votes cast in each of a t least
fifteen counties in the State and not less than 5 percent of
the total number of votes cast in the State. The Secretary of
State shall prescribe and furnish the form for the declaration of independent candidacy for the offices of President
and Vice President ($5 1-8-48 and 1-8-51(B)).
Persons fiIing declarations of independent candidacy for
President shall also file the names and addresses of the required number of presidential electors who intend to vote for
the independent candidate in the Electoral College (9 1-849).

B. NAMES ON GENERAL ELECTION BALLOTS

The names of the residential elector nominees chosen a t a
State convention s all not be placed upon the general election ballot. The Secretary of State shall certify to the various
county clerks for inclusion upon the general election ballot
the names of the persons nominated by each political party
for the offices of President and Vice President. The names of
nominees for President and Vice President for each political
party shall be printed together in pairs upon the general
election ballot. A vote for any such pair of nominees shall be
a vote for the electors of the political party by which such
nominees were named. "The presidential elector nominees of
the part whose nominees for President and Vice President
of the d i t e d States receive the highest number of votes a t
the general election shall be deemed the elected presidential
electors . . ." ($1-15-4).

K

C. STATUTORY INSTRUCTIONS

Presidential electors for the State shall perform the duties of
the presidential electors required by law and the Constitution of the United States.
Presidential electors of the State shall meet a t 11:OO a.m. in
the office of the Secretary of State on the da fixed by the
laws of the United States for presidential e ectors to cast
their ballots for President and Vice President of the United
States. At such meeting the presidential electors shall organize by choosing a presiding officer and a secretary. If the
full number of electors required by law are not present at
such meeting for any reason, those presidential electors
present shall, from a list of names nominated by the State
chairman of that party, forthwith choose electors from the
voters of the State party.
The presidential electors of the State shall meet at noon in
the office of the Secretary of State on the da fixed by the
laws of the United States for presidential eLctors to cast
their ballots for President and Vice President and shall proceed to vote by ballot for President and Vice President of the
United States and to certify the results of such election in
accordance with Constitution and laws of the United States.
The presidential elector chosen as secretary shall keep a
journal of the proceedings and deposit the journal in the
office of Secretary of State, where it shall be kept on file. All
presidential electors shall cast their ballots in the electoral
colle e for the candidates of the political party which nominate%them as presidential electors.
Any presidential elector who casts his ballot in violation of
the provisions is guilty of a fourth degree felony ($$I-15-5 to

r

1-15-9).

NEW YORK
Presidential Electors: 36
A. NOMINATION

(1)Major parties
Nominations of candidates for the office of elector of President and Vice President of the United States, one for each

congressional district and two a t large, shall be made by the
State committee (New York Election Law (McKinney's), 9 6102).
(2) Minor and new parties
A political group which a t the last preceding gubernatorial
election did not poll a t least 50,000 votes must make its
nominations as a n "independent body" (5 1-104(3), (12)).
When a n "independent body" becomes a political party by
polling a t least 50,000 votes for Governor, nominations shall,
prior to and including the first general election thereafter,
be made as provided by the rules of the party. A certificate
of the nominations containing information on its candidates
and the party, plus a copy of its rules, shall be signed by the
presiding officer and the secretary and filed not later than
seven weeks preceding the general election in the office of
the State board of elections if for an office to be voted for in
a district greater than one county ($9 6-128, 6-144).
(3) Independent candidates
A person may become a candidate of an independent body by
filing a petition in the office of the State board of elections
(5s 6-138, 6-144).
An independent nominating petition for candidates to be
voted for by all the voters of the State must be signed by at
least 20,000 voters, of whom a t least 100 shall reside in each
of one half of the congressional districts of the State (9 6142).
A person designated as a candidate for nomination or for
party position, or nominated for a n office, otherwise than a t
a primary election, may, in a certificate signed and acknowledged by him, decline the designation or nomination. However, if designated or nominated for a public office other than
a judicial office by a party of which he is not a duly enrolled
member or if designated or nominated for a public office
other than a judicial office by more than one party or independent body or by a n independent body alone, the person
shall in a certificate signed and acknowledged by him accept
the designation or nomination as a candidate of each party
or independent body other than that of the party of which he
is a n enrolled member; otherwise, the designation or nomination shall be null and void (9 6-146).
B. NAMES ON GENERAL ELECTION BALLOTS
In voting for presidential electors, a voter may vote a write
in ballot made up of the names of persons in nomination by
different parties, or partially of names of persons in nomination by one or more parties and partially of names of persons
not in nomination, or wholly of names of persons not in
nomination by any party (5 8-308). The county board of elections shall publish a t least six days before an election a list
containing the name and residence of every candidate for
public office, except those for the office of presidential electors and city officers, to be voted for within its jurisdiction.
The candidates for the office of presidential electors shall
only be described as a specific number of electors, nominated
to support the party candidates, namin them, for the office
of President and Vice President (9 4-12 ). In the case of bal-

5

'

lots for presidential electors, clerks or inspectors shall enter
on their tally sheet in the appropriate places the number of
void and the number of wholly blank ballots and shall tally
the votes upon the split ballots. When all the votes for presidential electors shall have been canvassed, the tally shall be
verified by clerks or inspectors ( 5 9-118). The board of elections shall transmit by mail or cause to be delivered personally to the State board of elections and attorney general each
a certified copy of the statement of the canvassing board relating to the offices of electors of President and Vice President (9 9-214).
C. STATUTORY INSTRUCTIONS

The electors shall convene at the State capitol on the first
Monday after the second Wednesday in December next following their election. They shall or anize and then name.in
separate ballots the persons voted or as President and Vice
President (9$12-104, 12-106).

P

NORTH CAROLINA
Presidential Electors: 13
A. NOMINATIONS

(1)Major parties
Presidential electors shall be nominated by major parties a t
a State convention of each party unless otherwise provided
by the plan of organization of the political party. One presidential elector shall be nominated from each congressionsl
district and two from the State at large (General Statutes of
North Carolina, 163-UcN.
(2) Minor and new parties
A minor party, or one which had failed to poll for its candidate for Governor or for presidential electors, at least 10 percent of the entire vote cast for such officers at the last preceding general election, would have to reorganize in the
same manner as is required to create a new party.(§ 163-96).
Any group may form a new party by filing a pet~tionsetting
forth its intention tc, org~nizea new statewide party with
the State board of elections on or before June 1 preceding
the general election, signed by 5,000 voters. Nominees of this
group for State, congressional and national offices only for
the first general election after its organization must be furnished to the board by July l prior to the general election
#163-96; 163-98). Such nominations shall be made a t a
nominating convention (§ 163-98). Presidential electors are
not to be nominated by primary election but are to be nominated by a State Convention unless otherwise provided by
the plan of organization of the political party (§ 163-l(c)),
(3) Independent candidates
A nominating petition, accompanied by the affidavit of the
candidate that he seeks the independent nomination and is
not affiliated with any political party, should be filed with
the State board of elections on or before the last Saturday in
May. Such petition should be signed by qualified voters
equal in number to at least 10 percent of those who voted for
Governor in the last gubernatorial election in the same polit-

ical division (5 163-122). Candidates for presidential electors
cannot be nominated by this method.
B. NAMES ON GENERAL ELECTION BALLOTS

The names of candidates for electors of President and Vice
President of any political party shall not be placed on the
ballot but shall be filed with the Secretary of State. The
names of the candidates for President and Vice President
are placed on the ballot. A vote for such candidates, however, shall be counted as a vote for the electors of the party by
which such candidates were named ($5 163-140; 163-209).
C . STATUTORY INSTRUCTIONS

The electors shall meet at the capitol in Raleigh at noon on
the first Monday after the second Wednesday in December
next after their election and give their votes on behalf of the
State for President and Vice President (5 163-210).
On or before the date fixed for the meeting of the electors,
the Governor shall send by registered mail to the Administrator of General Services, a certificate under the great seal
of the State setting forth the names of the persons chosen as
presidential electors for this State and the number of votes
cast for each. At the same time he shall deliver to the electors six duplicate-originals of the same certificate, each bearing the great seal of the State. At any time prior to receipt
of the certificate of the Governor or within forty-eight hours
thereafter, any person elected to the office of elector may
resign by submitting his resignation, written and duly verified, to the Governor. Failure to so resign shall signify consent to serve and to cast his vote for the candidate of the political party which nominated such elector.
In case of the absence, ineligibility or resignation of any elector chosen, or if the proper number of electors shall for any
cause be deficient, those present at the required meeting
shall forthwith elect from the citizens of the State a sufficient number of persons to fill the deficiency, and the persons chosen shall be deemed qualified electors to vote for
President and Vice President of the United States (3 163210).
Any presidential elector having previously signified his consent to serve as such, who fails to attend and vote for the
candidate of the political party which nominated such elector for President and Vice President of the United States at
the time and place indicated above (except in case of sickness
or other unavoidable accident) shall forfeit and pay to the
State $500, to be recovered by the Attorney General in the
Superior Court of Wake County. In addition to such forfeiture, refusal or failure to vote for the candidates of the political party which nominated such elector shall constitute a
resignation from the office of elector, his vote shall not be
recorded, and the remaining electors shall forthwith fill such
vacancy as hereinbefore provided (§ 163-212).
NORTH DAKOTA
Presidential Electors: 3

A. NOMINATION

(1)Major parties
State party conventions are to nominate the legal number of
candidates for their parties for the offices of presidential
electors (North Dakota Century Code, 9 16.1-03-14). The
names of the candidates,nominated for presidential electors
shall be certified by the chairman and secretary of the convention to the Secretary of State to be placed upon the general election ballot (Ibid.).
All nominations made by a convention are to be certified.
And the certificate is to be delivered by the secretary or the
president of the convention by registered or certified mail to
the Secretary of State (§ 16.1-13-17).
(2) Minor and new parties
A party which cast 5 percent of the total votes cast for Governor a t the last general election may participate in the primary (9 16.1-11-30(3)).
Other parties must file with the Secretary of State a petition
signed by 7,000 or more electors of the State, on or before
the fifty-fifth day prior to a primary election asking that a
ballot be provided for such party, naming it and stating the
platform principles thereof. Candidates of such party shall
be entitled to the same rights and privileges as those of
other parties (9 16.1-11-30 (4)).
Such parties shall hold conventions a t a time and place designated by the party State committee and nominate presidential electors
(3) Independent candidates
In order to have his name appear in the "independent nominations" column on the general election ballot, the candidate
must file a certificate of nomination by petition with the Secretary of State. The certificate of nomination for an office to
be filled by electors of the entire State must contain 1,000
signatures (5 16.1-12-02). The certificate of nomination for
presidential electors may contain the names of more than
one nominee (9 16.1-12-03). The certificate of nomination is
to be filed with the Secretary of State by 4 p.m. on the fiftyfifth day before the general election (§ 16.1-12-041).
B. NAMES O N GENERAL ELECTION BALLOTS

In presidential election years the ballot provided for in section 16.1-06-05 shall include the designation of the office of
president and vice president as the first listing of the continuous listing of the designation of each office to be voted
for. The names of presidential electors, presented in one certificate of nomination, shall be arranged in a group enclosed
in brackets under the designation of the office of president
and vice president. To the right and opposite the center of
each group of electors' names shall be printed in bold type
the surname of the presidential candidate represented and
in line with such surname shall be placed a single square. A
mark within such square shall be designated as a vote for all
the electors. The appropriate party designation shall appear,
in smaller type, under the surname of the presidential candidate represented (9 16.1-06-07.1).

C. STATUnntWNSTEiUCTTONS

The electors shall meet a t one o'clock p.m. in the Office of
the Governor in the State Capitol on the first Monday after
the second Wednesday in December next following their election for the purpose of casting their ballots. The Secretary of
State shall notify the electors of said meeting. They must fill
any vacancy in the office of elector by ballot by a plurality of
votes (95 16.1-14-04, 16.1-14-05).

OHIO
Presidential Electors: 23
A. NOMINATION

(1)Major parties and minor parties
Candidates for presidential elector are nominated by State
conventions a t a time and place determined by the State
committees of the respective political parties (Ohio Revised
Code, title 25, $ 3513.11).
Names of a party's candidates for presidential electors shall
be certified by the chairman and secretary of the convention
to the Secretary of State within 5 days after the holding of
the convention.
A political party is defined as any group of voters which, a t
the last preceding regular State election, polled for its candidate for Governor in the State or nominees for presidential
electors a t least 5 percent of the entire vote cast for such
office or which filed with the Secretary of State, subsequent
to any election in which it received less than 5 percent of
such vote, a petition signed by qualified electors equal in
number to a t least 1 percent of the total vote for Governor or
nominees for presidential electors a t the last preceding election, declaring their intention of organizing a political party,
the name of which shall be stated in the declaration, and of
participating in the next succeeding primary election, held
in even-numbered years, that occurs more than one hundred
twenty days after the date of filing. No such group of electors shall assume a name or designation which is similar, in
the opinion of the Secretary of State, to that of a n existing
political party as to confuse or mislead the voters a t a n election. When any political party fails to cast 5 percent of the
total vote cast a t an election for the office of Governor or
President it shall cease to be a political party (5 3517.01).
When such petition is filed with the Secretary of State, the
new party comes into legal existence on the date of filing
(§ 3517.012). New parties are entitled to hold a primary election, held in even-numbered years that would occur more
than 120 days after the date of the filing of the petition (Id.).
(2) Independent candidates
The nominating petition of a n independent candidate for the
offices of President and Vice President of the United States
shall be signed by a t least five thousand qualified electors,
provided that no petition shall be accepted for filing if it purports to contain more than fifteen thousand signatures, and
must be accompanied by a slate of presidential electors
(8 3513.257). The nominating petition must be filed with the

Secretary of State no later than 4:00 p.m. of the seventy-fifth
day before the day of the primary election (Id.).
B. NAMES ON GENERAL ELECTION BALLOTS

The names of candidates for electors of President and Vice
President shall not be placed on the ballot. In place of their
names there shall be printed on the ballot the names of the
candidates for President and Vice President, respectively. A
vote for any of such candidates shall be a vote for the electors or the party or petition by which such candidates were
named and whose names have been filed with the Secretary
of State (9 3505.10).
C. STATUTORY INSTRUCTIONS

The electors shall meet at the State capitol, organize, and
discharge all the duties enjoined upon electors by the Constitution and laws of the United States (5 3505.39).
A presidential elector elected a t a general election shall,
when discharging the duties enjoined upon him by the Constitution or laws of the United States, cast his electoral vote
for the nominees for President and Vice President of the political party which certified him to the Secretary of State as
a presidential elector pursuant to law (5 3505.40).

OKLAHOMA
Presidential Electors: 8
A. NOMINATION

(1)Major parties
The nominees for presidential elector "of any recognized political party shall be selected a t a statewide convention of
said party in a manner to be determined by said party" and
must be certified by the state chairman to the secretary of
the State election board no fewer than 90 days nor more
than 180 days prior to the election (Oklahoma Statutes Annotated, title 26, $ 10-101).
A "recognized political partyJ' is defined to include those parties with candidates on the 1974 general election ballot, and
"those parties which shall be formed according to law" (26
$ 1-107).
A party ceases to be a "recognized party" when its nominee
for Governor or nominees for electors for President and Vice
President fail to receive a t least ten percent (10%) of the
vote cast for said offices (26, 3 1-109).
(2) Minor and new parties
No distinction is made between major and minor parties.
New parties may be formed and secure ballot positions
except between July 1 and November 15 of even numbered
years. To secure recognition a notice of intent to form a political party must be filed with the secretary of the State
election board and within 90 days thereafter petitions filed
containing signatures of registered voters equal to 5 percent
of the vote cast in last general election, either for governor
or for electors for President and Vice President (26, $1-108).
(3) Independent candidates

Slates of uncommitted electors and electors pledged to independent candidates can qualify for a position on the ballot
by filing a petition with the secretary of the State election
board by July 15. These petitions must be signed by a
number of registered voters equal to 3 percent of the vote
cast in the last presidential election. If the State election
board determines that the petitions are sufficient, the candidate must certify the names of his running mate and the
electors pledged to his candidacy (26, $9 10-101; 10-101.1).
B. NAMES ON GENERAL ELECTION BALLOT

The names of the electors are bracketed adjacent to the
names of the candidates for President and Vice President to
whom they are pledged (26, 9 10-105).
C. STATUTORY INSTRUCTIONS

Electors committed to a candidate or the candidate of a
party must take a n oath to cast their ballots for the candidates on whose slate they run (26, $5 10-101.1; 10-102). Violation of the oath is a misdemeanor punishable b a fine of not
more than one thousand dollars (26, $ 10-109). Jlectors are to
meet a t 10:OO a.m. of the day apointed by Congress in the
office of the Governor to perform such duties as required by
law, including filling any vacancy in the office of electors (26,
$$lo-107; 10-108).

OREGON
Presidential Electors: 7
A. NOMINATION

(1)Major parties
Major party is defined as a political party which "polled for
its candidates for presidential electors a t the last general
election, a t least 20 percent of the entire vote cast for that
office" (Oregon Revised Statutes, 5 48.006). Each major political party shall select [manner not specified] a number of candidates for elector of President and Vice President equal to
the total number of Senators and Representatives to which
this State is entitled in Congress (Oregon Revised Statutes,
3 248.355).
The party shall certify the names of the candidates for elector to the Secretary of State a t least 70 days prior to the
presidential election ($ 248.355).
(2) Minor and new parties
A minor party is defined as a party which received for one of
its candidates in the last statewide election a number of
votes equal to 5 percent of the total vote cast in the electoral
district for which the nomination is made for all candidates
for Representative in Congress a t the last general election
($ 248.008). Such parties may nominate candidates for presidential electors by filing a certificate of nomination with the
Secretary of State signed by the presiding officer and secretary of a nominating convention of the party containing the
names, addresses, and offices for which nominated, the name
of the party, and in the case of presidential electors the
names of the candidates they represent may be added

($ 249.720). Certificates should be filed no later than 7 0 days

prior to the election ($249.702).
( 3 )Independent candidates
Independent candidates may be nominated by an assembly of
electors or by petition. An assembly of electors is an organized body of not less than 1,000 electors of the state for a
statewide nomination ($ 249.735-(1)). Notice must be given a t
least 10 days prior to the assembly in three newspapers of
general circulation and must include the names of a t least
25 sponsors. Signatures must be certified by the appropriate
county clerks ($ 249.735(2)-(5)). A certificate of nomination
must be filed with the Secretary of State no later than the
70th day prior to the general election ($249.722).The county
clerk is to certify the minutes of the assembly, and such certificate of the county clerk is to be filed along with the certificate of nomination ($ 249.735 (5)).
A certificate of nomination by petition must be in essentially
the same form and accompanied by a petition signed by a
number of registered voters, signatures certified by the
county clerks, equal in number to 3 ercent of the vote cast
in the last presidential election (8 49.740). Certificates of
nomination by assembly or petition must be filed not later
than the 70th day prior to the election ($ 249.722).

l

B. NAMES ON GENERAL ELECTION BALLOTS

The names of candidates for President and Vice President of
the United States are printed in groups together, under their
political party designations. Each vote for candidates for
President and Vice President shall be counted as one vote
for the group of presidential electors supporting the candidates for President and Vice President designated by the
voter as his choice ($250.110).
C. STATUTORY INSTRUCTIONS

Each elector shall at the time of his selection sign a pledge
that, if elected, he will vote in the Electoral College for the
candidates of his party for President and Vice President
($ 248.355). Such pledges are to be filed with the Secretary of
State at least 7 0 days before the presidential election (Ibid.).
The duties of electors as defined by statute are:
The electors of President and Vice President shall convene
a t noon a t the State capitol on the first Monday after the
second Wednesday in December following their election. If
there is any vacancy in the office of an elector caused by
death, refusal to act, neglect to attend or otherwise, the electors present immediately shall fill it by plurality of voice
votes. When all the electors have appeared or the vacancies
have been filled, the electors shall perform the duties reuired of them by the constitution and laws of the United
atates (9 248.370).

PENNSYLVANIA
Presidential Electors: 25
A. NOMINATION
( 1 ) Major parties

The names of each political party for the office of President
shall within 30 days after his nomination by the national
convention, nominate as many persons to be the candidates
of his party for the office of presidential elector as the State
is entitled to. Names of such persons shall be certified immediately by the nominee to the Secretary of the Commonwealth. If the candidate for the office of President fails to so
nominate. then the ~ a r t v ' snominee for Vice President shall
make the nominatibns " ( ~ e n n s ~ l v a n Statutes
ia
Annotated,
title 25, 2878).
(2) ino or party or new party or independent candidate
This method of nominating candidates is termed "Nomination of candidates by political bodies which do not qualify as
political parties." A "political party" is defined as a party or
political body, one of whose candidates a t the general election next preceding the primary polled in each of a t least 10
counties of the State not less than 2 percent of the largest
entire vote cast in each of said counties for any elected candidate, and polled a total vote in the State equal to a t least 2
percent of the largest entire vote cast in the State for any
elected candidate (25, 5 2831(a)).
(3) Nomination papers
Candidates of political bodies which do not qualify as political parties should file nomination papers with the Secretary
of the Commonwealth (25, $3 2911(a); 2913(a)). More than one
candidate may be nominated by one nomination paper. Signatures are required of electors equal in number to 2 percent
of the largest entire vote cast for any elected candidate in
the State in the last preceding general election (25,
5 291(b)(c)).A filing fee of $50 shall be paid to the Secretary
of the Commonwealth (25, !j 2875). Nomination papers for
"political bodies" may contain nominations for presidential
electors and the names of candidates for President and Vice
President of such "political bodies" (25, § 2912).
Affidavit of each candidate for presidential elector should be
attached to nomination papers, stating inter alia he is eligible for office for which he consents to be a candidate, that he
will not violate the law concerning corrupt election practices,
and that his name has not been presented as a candidate to
run in the primary (25, 2911(e)).
B. NAMES OF GENERAL ELECTION BALLOTS
The names of electors shall not be printed on the ballot, but
in lieu thereof, the names of candidates of their respective
parties for President and Vice President (25, 9 2963(c)).
Write-ins for electors are permitted (25, 5 2963(a)). Votes are
counted for electors either as a group or as individuals and
certificates of election are issued by the Secretary of the
Commonwealth (25, $5 3056, 3063, 3166).
C. STATUTORY INSTRUCTIONS

The electors shall assemble a t the seat of government of the
Commonwealth a t noon on the day which is or may be directed by the Congress of the United States and perform the
duties enjoined upon them by the Constitution and laws of

the United States (25, $ 3192). Vacancies are filled by voice
vote of those electors present (25, Ej 3193).

RHODE ISLAND
Presidential Electors: 4
A. NOMINATION

(1)Major parties
Electors are nominated at a State convention of delegates
representing a political party (General Laws of Rhode Island,
5 17-12-13).
There shall be held not later than October 14 of every even
year a State convention for each political party. The nominees of a party for Senator and for Representatives in Congress, for the five general offices, and for membership in the
general assembly shall be delegates to the State convention
of said party. In presidential election years, such conventions
shall select the party nominees for presidential electors and
their names shall be placed on the ballot lables for the forthcoming election. Such State convention shall also be for the
purpose of adopting a platform for its party and for the
transaction of such other business as may properly come
before said convention (Ej 17-12-13).
(2) Minor and new parties
A minor party is one which a t the preceding general election
failed to nominate a candidate for Governor or which did
nominate such candidates but whose candidates failed to poll
at least 5 percent of the entire vote cast in the State for Governor in said election ($ 17-1-2(fl). Candidates of minor parties shall be nominated by the same procedure as for independent candidates.
(3) Independent candidates
Independent and minor party candidates are required by
statute to file a declaration of candidacy with the Secretary
of State during the first 10 days in June ($ 17-16-1). Candidates for presidential elector are furnished nomination
papers by the Secretary of State ($0 17-16-3, 17-16-4). Nomination papers must be signed by 1,000 voters, each county of
the State being represented by at lest 25 signatures with separate signature sheets for each city and town ($5 17-16-8,
17-16-91. Nomination papers must be filed with the Secretary of State no later than 10 days before the primary, which
is held on the second Tuesday after the first Monday in September, i.e., September 9, 1980 ($9 17-15-1, 17-16-12). Nomination papers must be submitted to local election boards for
certification of signatures a t least 5 days before the filing
deadline (917-16-11). The filing deadlines are of dubious constitutionality insofar as they apply to independent presidential candidates and minor party presidential candidates. In
McCarthy v. Noel, 420 F. Supp. 799 (D.R.I. 19761, a United
States district Court held that section 17-16-11, which then
required nominating papers to be filed 30 days before the
primary, was an unconstitutional burden on the right of independent candidates and their supporters to access to the
ballot.

B. NAMES ON THE GENERAL ELECTION BALMT

The names of the candidates for President and Vice President appear on the voting machine with a single lever for
voting for the slate of electors, but the statute requires that
some means be provided f

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/crs%3A84-150A. Public record. Not legal advice.