US Elections and Voting
The United States holds more elections than virtually any other democracy — federal, state, and local offices; primaries and generals; ballot initiatives and referenda. Understanding how the electoral system works is essential to participating in American democracy.
Types of Elections
| Election | When | What Is Elected |
|---|---|---|
| Presidential election | Every 4 years (2024, 2028...) | President and Vice President |
| Midterm election | Halfway between presidential elections (2022, 2026...) | All 435 House seats; 33–34 Senate seats; many governors and state legislators |
| Primary election | Before the general; varies by state | Each party selects its candidates |
| Special election | When a vacancy occurs | Single seat; called by governor or state law |
| Local elections | Year-round; often off-cycle | Mayor, city council, school board, judges |
| Ballot initiative/referendum | Often alongside other elections | Direct citizen votes on proposed laws |
Voter Registration
Unlike many democracies, the US has no automatic voter registration. Citizens must actively register, usually through:
- State DMV (when getting a driver's license)
- Mail-in registration
- Online registration (most states)
- National Voter Registration Act (Motor Voter Act, 1993): Required states to offer registration at DMVs and public assistance agencies
- Automatic voter registration: 19+ states now automatically register eligible voters unless they opt out
Deadlines: Vary by state — some require registration 30 days before an election; others allow same-day registration at the polls.
Voting eligibility: US citizen, age 18+, not currently incarcerated for a felony in most states (voting rights for formerly incarcerated vary significantly by state — Maine and Vermont allow voting even from prison; other states permanently disenfranchise felons).
The Electoral College
The Electoral College is the mechanism by which the President and Vice President are elected. American voters do not directly elect the President — they elect electors who then formally elect the President.
How It Works
- 538 total electors (435 House + 100 Senate + 3 for D.C. per the 23rd Amendment)
- 270 electoral votes needed to win (majority)
- Each state gets electoral votes = its House seats + 2 (Senate). Wyoming: 3. California: 54.
- Winner-take-all in 48 states: The candidate who wins a state's popular vote gets all of its electoral votes (Maine and Nebraska use a district method)
- Electors meet in December in their state capitals to formally cast votes
- Congress counts electoral votes in early January; the VP presides
Criticisms and Controversies
- 2000 and 2016: The Electoral College winner lost the national popular vote (Bush/Gore; Trump/Clinton)
- Swing states: A handful of states (Pennsylvania, Michigan, Wisconsin, Arizona, Nevada, Georgia) decide most elections — candidates spend little time in reliably red or blue states
- Faithless electors: Most states now have laws requiring electors to vote for the candidate they pledged; Chiafalo v. Washington (2020) upheld these laws
The Electoral College and Bush v. Gore (2000)
The 2000 presidential election ended with Florida's 25 electoral votes deciding the outcome. The Supreme Court stopped the recount in a 5-4 decision (Bush v. Gore), effectively awarding the election to George W. Bush. The decision remains one of the Court's most controversial.
Congressional Elections
House of Representatives
- All 435 seats elected every 2 years
- Single-member districts: Each congressional district elects one representative
- Winner determined by plurality (first-past-the-post) — whoever gets the most votes wins, even without a majority
- Districts are redrawn every 10 years after the Census
Senate
- 100 senators (2 per state); 6-year staggered terms (roughly 1/3 up for election every 2 years)
- Statewide elections: Senators are elected by the entire state, not a district
- Several states use jungle primaries (top-2 primary); most use traditional party primaries
Midterm Elections and Presidential Coattails
The president's party almost always loses seats in midterm elections. Since 1934, the president's party has lost an average of 28 House seats in midterms. Theories include voter fatigue, mobilization of the opposition, and regression to the mean.
Primaries and Party Nominations
Types of Primaries
| Type | Who Can Vote | Used In |
|---|---|---|
| Closed primary | Only registered party members | ~20 states (Republican primaries in NY) |
| Semi-closed primary | Registered members + independents | ~10 states |
| Open primary | Any registered voter, regardless of party | ~20 states |
| Jungle primary (Top-2) | All voters vote in a single primary; top 2 advance | California, Washington, Louisiana |
Presidential Nominations
Presidential candidates are nominated at party conventions after a primary/caucus season:
- Iowa caucuses and New Hampshire primary are traditionally first
- Super Tuesday (early March): Multiple large states hold primaries simultaneously; often decisive
- Delegates are allocated proportionally (Democrats) or winner-take-all (many Republican contests)
- Superdelegates (Democrats): Party officials and elected leaders who can vote for any candidate at the convention; reformed in 2018 — now only count in contested conventions
Campaign Finance
Citizens United v. FEC (2010)
The Supreme Court ruled 5-4 that corporations and unions have the same First Amendment free speech rights as individuals regarding political spending. The government cannot limit "independent expenditures" — spending by corporations and unions not coordinated with a candidate's campaign.
Impact: Created Super PACs (Political Action Committees) that can raise and spend unlimited amounts of money from corporations, unions, and wealthy individuals — as long as they don't coordinate with candidates.
Current Landscape
| Vehicle | Contribution Limits | Disclosure |
|---|---|---|
| Direct contribution to candidate | $3,300 per candidate per election (2024) | Yes |
| Political Action Committee (PAC) | $5,000/year from each donor | Yes |
| Super PAC | Unlimited; no coordination allowed | Yes |
| 501(c)(4) "dark money" | Unlimited; from corporations, unions, and individuals | No — donor lists protected |
FEC (Federal Election Commission)
The FEC is the independent agency that enforces federal campaign finance law. Critics argue it is often deadlocked (3 Republicans + 3 Democrats) and insufficiently enforces disclosure requirements.
Redistricting and Gerrymandering
Redistricting
Congressional and state legislative district lines are redrawn every 10 years after the Census to reflect population changes. In most states, the state legislature controls redistricting — a significant power because districts determine who votes in each race.
Gerrymandering
Gerrymandering — drawing district lines to favour one party or group — is as old as the republic (named for Governor Elbridge Gerry of Massachusetts, 1812).
Two techniques:
- Packing: Concentrate the opposition's voters into a few districts where they win by huge margins → "wastes" their votes
- Cracking: Split opposition voters across multiple districts so they're a minority everywhere → they win nowhere
Legal status: Racial gerrymandering (drawing lines to minimise minority representation) is unconstitutional under the 14th Amendment and Voting Rights Act. Partisan gerrymandering is legal — the Supreme Court held in Rucho v. Common Cause (2019) that federal courts cannot review partisan gerrymandering claims (though some state courts can).
Independent redistricting commissions: Arizona, California, Colorado, Michigan, and a handful of other states use independent commissions instead of legislatures to draw maps.
Study Snapshot
Elections and Voting — Electoral College (538 electors, 270 to win, winner-take-all), primary types (closed/open/jungle), campaign finance (Citizens United, Super PACs, dark money), redistricting/gerrymandering (packing and cracking), and voting rights history.
Concept Flow
Check Your Understanding
- Why does the Electoral College mean a candidate can lose the popular vote but win the presidency?
- What is the difference between a Super PAC and a direct contribution to a candidate?
- What is gerrymandering, and why did the Supreme Court say federal courts cannot fix partisan gerrymandering?
- What is the difference between an open and closed primary?