Beatrice Lang
The Pennsylvania Electoral College law is a set of regulations that govern how the state's electors are chosen and how they vote in US presidential elections. Pennsylvania, like 47 other states, uses a “winner-take-all” system, where the candidate who wins the popular vote receives all of the state's electoral votes. Pennsylvania's electors are typically loyal to their parties, but there are no rules prohibiting them from acting independently. The state's laws outline how electors are chosen by presidential candidates of political parties, and each candidate must submit their electors' names to the secretary of the commonwealth within 30 days of their party's national convention. While the US Constitution and federal laws impose certain restrictions on electors, such as prohibiting them from being members of Congress, Pennsylvania has not implemented a provision to bind electors to pledged candidates, as ruled by the US Supreme Court.
| Characteristics | Values |
|---|---|
| Electoral systems in Pennsylvania | Single-winner contests via plurality vote for state representatives, state senators, state executive officials, United States Representatives, and Senators |
| General election | Held in even-numbered years |
| Primary election | Election for the nomination of candidates |
| Qualified elector | An applicant who possesses all of the qualifications for voting prescribed by the Constitution of Pennsylvania and the laws of the Commonwealth |
| Federal law on elector appointment | Electors are appointed on Election Day when voters make their candidate selection |
| State law on elector appointment | Outlines how electors are picked by political parties' presidential candidates |
| Pennsylvania state code on "faithless electors" | Does not mention electors who cast a vote for a candidate other than the one who won the state popular vote |
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What You'll Learn
Pennsylvania's 'winner-take-all' system
Pennsylvania, like 47 other states, employs a "winner-take-all" system, where the candidate who wins the popular vote gets all of the state's electoral votes. Pennsylvania's winner-take-all system operates within the broader framework of the Electoral College, which is the method by which the President of the United States is elected. According to Article II, Section 1 of the United States Constitution, the President is chosen by the Electoral College through a majority vote in a single-winner contest.
Pennsylvania's winner-take-all system is governed by specific laws and procedures. Each presidential candidate selects their electors within 30 days of their party's national convention and submits those names to the secretary of the commonwealth. While electors in Pennsylvania tend to be loyal to their parties, there are no rules preventing them from acting independently.
The selection of electors in Pennsylvania is also influenced by federal laws and constitutional provisions. For instance, the 14th Amendment, enacted after the Civil War, disqualifies any elected officials who have rebelled against the United States from serving as electors. Additionally, federal law stipulates that electors are appointed on Election Day concurrently with the selection of candidates by voters.
Pennsylvania's winner-take-all system has been the subject of legal debates. In 2020, the U.S. Supreme Court unanimously ruled that states have the constitutional authority to bind presidential electors to pledged candidates. However, Pennsylvania lawmakers have not implemented this change, leading to calls for electoral reform in the state to enhance the system's fairness and reliability.
It's worth noting that Pennsylvania's winner-take-all system applies specifically to the selection of electors for the Electoral College. The state also conducts elections for other federal and state-level officials, such as United States Senators and Representatives, as well as state representatives and senators, using single-winner contests via plurality vote.
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Selection of electors
The selection of electors in Pennsylvania is a complex process involving various stakeholders and legal frameworks. Here is a detailed overview of the process:
Federal and State Laws: The selection of electors in Pennsylvania is governed by both federal and state laws. According to federal law, electors are appointed on Election Day when voters choose their preferred candidate. This process ensures that the popular vote directly influences the selection of electors.
Role of Political Parties: In Pennsylvania, the selection of electors is also influenced by the state's political parties. State law outlines the process by which presidential candidates from political parties select their electors. These electors are typically loyal to their respective political parties and are expected to vote accordingly.
General Assembly's Discretion: However, there is a constitutional interpretation that grants the General Assembly significant discretion in appointing electors. According to this reading, the General Assembly could, in theory, appoint electors independently, regardless of the election results. This scenario was considered during the 2020 presidential election but was deemed unlikely to occur by legal scholars and lawmakers.
Elector Qualifications: Pennsylvania law does not impose specific restrictions on who can serve as an elector. While electors are typically loyal to their political parties, there is no rule preventing them from going against their party's choice. This lack of restriction on "faithless electors" is a notable aspect of Pennsylvania's electoral system.
Supreme Court Ruling: In a unanimous decision, the U.S. Supreme Court ruled that states have the constitutional authority to bind presidential electors to pledged candidates. Despite this ruling, Pennsylvania lawmakers have not implemented this change, allowing electors to retain the option to vote against their party's candidate.
Certifying Election Results: After the election, the process of certifying the results and appointing electors is carefully managed. Governors prepare a Certificate of Ascertainment, listing the names of appointed electors and the number of votes cast for each. Any conflicts or challenges regarding the appointment of electors must be resolved promptly.
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Qualifications of electors
The Pennsylvania Election Code, Act of June 3, 1937, defines a "qualified elector" as any person who possesses all of the qualifications for voting prescribed by the Constitution of Pennsylvania and the laws of the Commonwealth. This includes individuals who are otherwise qualified by continued residence in their election district and obtain such qualifications before the next ensuing election. The term does not include military electors.
The Election Code also provides for "qualified absentee electors", which includes any qualified elector who is or may be in the military service of the United States, regardless of whether they are subject to civil-service laws or the Classification Act of 1949. It also includes the spouse or dependent of a person who is a civilian employee of the United States outside the territorial limits of the United States, provided that the elector is registered or enrolled according to law.
The Election Code further specifies that a "general election" is the election that the Constitution of Pennsylvania requires to be held in even-numbered years. A "municipal election" is an election that the Constitution requires to be held in odd-numbered years. A "primary election" is an election for the nomination of candidates.
The age at which a citizen is entitled to vote in Pennsylvania was changed from 21 to 18 years of age. This change is reflected in Amendment XXVI to the Constitution of the United States and section 701 of the Pennsylvania Election Code.
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Binding electors to candidates
In Pennsylvania, electors are selected in a "winner-take-all" system, where the candidate who wins the popular vote gets all the electoral votes. Pennsylvania law states that each presidential candidate must choose their electors within 30 days of their party's national convention and submit those names to the secretary of the commonwealth. While electors in Pennsylvania tend to be loyal to their party, there are no rules preventing them from going rogue.
In 2020, the U.S. Supreme Court unanimously ruled that under the Constitution, states have the power to bind presidential electors to pledged candidates. However, Pennsylvania has not implemented this change. Adam Bonin, a Philadelphia-based Democratic election lawyer, commented on the situation:
> This is among the many things which the General Assembly could choose to fix if they want to make our election system more reliable and more fair.
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Congressional contests
In the United States, most federal and state-level officials are elected via plurality vote in single-winner contests. Pennsylvania adheres to this system, with state senators, state representatives, and United States Senators and Representatives all elected in single-winner contests.
Pennsylvania holds three types of elections: primary elections, general elections, and special elections. In a primary election, voters from each party select the candidates they want to represent them in the November general election. Pennsylvania has a closed primary system, meaning that voters can only vote for candidates from their own party.
In a general election, Pennsylvanians vote for federal, state, and local officials, including the President, senators, and representatives. General elections are held in even-numbered years, always on the first Tuesday after the first Monday in November.
Special elections are held when an elected official can no longer serve and must be replaced. Special elections may be held to fill vacancies in the House of Representatives, for example, if the incumbent resigns, dies, or is removed from office.
The Pennsylvania Election Code, enacted in 1937, codifies the laws relating to these various elections, including congressional redistricting. The Code also establishes the Pennsylvania Election Law Advisory Board and outlines procedures for recounts and contests.
Pennsylvania's congressional districts are established by the Legislative Reapportionment Commission, which is responsible for redistricting. County boards of election must adhere to the district boundaries established by the Commission when administering elections for the United States House of Representatives and the General Assembly.
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Frequently asked questions
The Pennsylvania Electoral College is made up of 20 electors who are selected in a "`winner-take-all"` system, where the candidate who wins the popular vote gets all the electoral votes.
Electors are traditionally party loyalists, but there are no rules preventing them from going rogue. They are appointed on Election Day and cannot be members of Congress or hold federal office.
Each presidential candidate picks their electors within 30 days of their party's national convention and submits those names to the secretary of the commonwealth.
Electors must possess all the qualifications for voting prescribed by the Constitution of Pennsylvania and the laws of the Commonwealth. They cannot be members of Congress or hold federal office.
