Candidate's Note: Maine precedes Maryland until postal. Makes one wonder. MARYLAND - 10 Electoral Votes
State Law - § 20-4PRESIDENTIAL ELECTORS
20-1. Right of suffrage and conduct of election.
Each citizen of this State entitled to vote for Delegates to the
General Assembly shall have the right to vote for the whole number
of electors as provided in Sec. 20-2 of this Article. The presidential
electors of the candidates for President and Vice-President who re-
ceive the highest number of votes shall be declared to be elected as
said electors, and shall be deemed so appointed. The said election
shall in all respects be conducted as other elections, except as other-
wise provided in this article, and the returns thereof made and
canvassed as hereinbefore directed.
20-2. Election by general ticket.
On the day fixed by law of the United States for choice of President
and Vice-President of the United States there shall be elected by
general ticket as many electors of President and Vice-President as
this State shall be entitled to appoint. The names of the candidates
for the office of electors of President and Vice-President of the
United States shall not be printed on the ballot, but in lieu thereof
the names of the candidates of each political 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 filed according to the provisions of this article.
20-3. Vacancies among electors.
Upon the meeting of the persons returned elected as electors of
President and Vice-President, or of as many of said persons as may
attend on the day appointed by the Constitution and laws of the
United States, the said electors who are present, before proceeding
to perform the duties reposed in them, shall fill any vacancy which
may exist in the said college of electors at such meeting, whether
such vacancy be occasioned by absence or otherwise. The said per-
son or persons so appointed to fill such vacancy or vacancies shall
be entitled to all rights and privileges of those proclaimed by the
Governor as duly elected electors of President and Vice-President
of the United States.
20-4. Meeting of electors.
The electors for this State shall meet in the State House in the
City of Annapolis. After taking and subscribing the oath prescribed
by Article 1, Section 6 of the Constitution, before the Clerk of the
Court of Appeals, or in his absence before one of his deputies, they
shall give their votes for President and Vice-President of the United
States, on the day fixed by law of the United States, for meetings of
electors of President and Vice-President of the United States, and
shall cast their votes for the candidates who have received a plurality
of the votes cast in the State of Maryland.
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MASSACHUSETTS - 12 Electoral Votes
Party Pledge / State Law - Ch. 53, § 8, Supp.Chapter 53: Section 8. Certificates of nomination and nomination papers; contents; party designation
Section 8. All certificates of nomination and nomination papers shall, in addition to the names of candidates, specify as to each, (1) his residence, with street and number, if any, (2) the office for which he is nominated, and (3) except as otherwise provided in this section and except for elections which are not preceded by primaries or political party caucuses, the political designation, if any, which he represents, expressed in not more than three words. This information, in addition to the district name or number, if any, shall be specified on the nomination paper before any signature of a purported registered voter is obtained and the circulation of nomination papers without such information is prohibited. Certificates of nomination made by convention or caucus shall also state what provision, if any, was made for filling vacancies caused by the death, withdrawal or ineligibility of candidates. The state committees of the respective political parties at 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, together with an acceptance in writing signed by each candidate for presidential elector on a form to be provided by the state secretary, shall be filed by the state chairmen of the respective political parties not later than the second Tuesday of September. Said acceptance form shall include a pledge by the presidential elector to vote for the candidate named in the filing. To the name of each candidate for alderman at large shall be added the number of the ward in which he resides. To the name of a candidate for a town office who is an elected incumbent thereof there may be added the words “Candidate for Re-election”.
If a candidate is nominated otherwise than by a political party the name of a political party shall not be used in his political designation nor shall the name of any organization which has been adjudicated subversive under section eighteen of chapter two hundred and sixty-four be used in his political designation. Certificates of nomination and nomination papers for city or town offices need not include a designation of the party which the candidate represents. Except in the case of nomination papers of candidates for offices to be filled by all the voters of the commonwealth, or of candidates for town offices and the office of regional district school committee member elected district-wide, no nomination papers shall contain the name of more than one candidate. Such nomination papers for candidates for governor and lieutenant governor shall contain provision for the names and addresses of members of a committee of five registered voters who shall fill any vacancy caused by death, withdrawal, ineligibility or disqualification of either candidate. Such nomination papers for town offices may contain the names of candidates for any or all of the offices to be filled at the town election, but the number of names of candidates on such paper for any one office shall not exceed the number to be elected thereto.
CHAPTER 54. ELECTIONS
MANNER OF VOTING
Chapter 54: Section 78. Voting for presidential electors, governor, and lieutenant governor; marking ballots
Section 78. In order to vote for presidential electors, the voter shall make a cross (X) in the square at the right of the party or political designation appearing on the ballot at the right of the surnames of the candidates for president and vice president, to vote for whom such candidates for electors are nominated; and the making of a cross as aforesaid shall be deemed and taken as a vote for such candidates for presidential electors, except as provided in section thirty-three E. A vote by sticker or write-in in the blank space at the end of the list of names of presidential and vice presidential candidates may be cast for those candidates whose names are contained in lists filed with the state secretary under the provisions of section seventy-eight A and shall be deemed to be a vote for each of the candidates for presidential elector whose names are contained in the appropriate list so filed; provided, however, that in such case the voter shall list only the surnames of the candidates for president and vice president. In order to vote for governor and lieutenant governor, the voter shall mark a cross (X) in the square at the right of the names of the group of candidates for said offices for whom he desires to vote, or by inserting the name and residence of any person for either office in the blank space provided therefor; provided, however, that no such inserted name may be that of a candidate whose name is printed upon the ballot as a candidate for the office.
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No Legal Requirement
Electors in these States are not bound by State Law to cast their vote for a specific candidate:
MINNESOTA - 10 Electoral Votes MICHIGAN - 17 Electoral Votes
State Law -(Violation cancels vote and elector is replaced).§168.47 Act 116 of 1954
168.42 Presidential electors; selection at state political party conventions, certification.
Sec. 42.
In the year in which presidential electors are to be elected under section 43, each political party in this state shall choose at its fall state convention a number of candidates for electors of president and vice-president of the United States equal to the number of senators and representatives in congress that this state is entitled to elect. The chairperson and the secretary of the state central committee of each political party shall, within 1 business day after the conclusion of the state convention, forward by registered or certified mail a certificate containing the names of the candidates for electors to the secretary of state. The candidates for electors of president and vice-president who shall be considered elected are those whose names have been certified to the secretary of state by that political party receiving the greatest number of votes for those offices at the next November election.
168.43 Presidential electors; election.
Sec. 43.
At the general November election held in the year 1956 and at the general November election held every fourth year thereafter, electors of president and vice-president of the United States shall be elected in the manner herein provided: Provided, That if congress should hereafter fix a different day for such election, then the election for electors shall be held on such day as shall be named by congress as provided in section 1 of article 2 of the United States constitution.
168.45 Cross or check mark as vote for presidential electors.
Sec. 45.
Marking a cross (X) or a check mark ( ) in the circle under the party name of a political party, at the general November election in a presidential year, shall not be considered and taken as a direct vote for the candidates of that political party for president and vice-president or either of them, but, as to the presidential vote, as a vote for the entire list or set of presidential electors chosen by that political party and certified to the secretary of state pursuant to this chapter.
History: 1954, Act 116, Eff. June 1, 1955 ;-- Am. 1985, Act 160, Imd. Eff. Nov. 20, 1985
Popular Name: Election Code
68.47 Convening of presidential electors; time and place thereof; resignations; refusal or failure to vote; vacancies.
Sec. 47.
The electors of president and vice-president shall convene in the senate chamber at the capitol of the state at 2 p.m., eastern standard time, on the first Monday after the second Wednesday in December following their election. At any time before receipt of the certificate of the governor or within 48 hours thereafter, an elector may resign by submitting his written and verified resignation to the governor. Failure to so resign signifies consent to serve and to cast his vote for the candidates for president and vice-president appearing on the Michigan ballot of the political party which nominated him. Refusal or failure to vote for the candidates for president and vice-president appearing on the Michigan ballot of the political party which nominated the elector constitutes a resignation from the office of elector, his vote shall not be recorded and the remaining electors shall forthwith fill the vacancy. The ballot used by the elector shall bear the name of the elector. If at the time of convening there is any vacancy caused by death, resignation, refusal or failure to vote, neglect to attend, or ineligibility of any person elected, or for any other cause, the qualified electors of president and vice-president shall proceed to fill such vacancy by ballot, by a plurality of votes. When all the electors appear and the vacancy shall be filled, they shall proceed to perform the duties of such electors, as required by the constitution and laws of the United States. If congress hereafter fixes a different day for such meeting, the electors shall meet and give their votes on the day designated by act of congress.
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No Legal Requirement
Electors in these States are not bound by State Law to cast their vote for a specific candidate:
MINNESOTA - 10 Electoral Votes
MISSOURI - 11 Electoral Votes MISSISSIPPI - 6 Electoral Votes
Party Pledge / State Law - §23-15-785(3)§ 23-15-785. Certificates of nomination and nominating petitions; preparation of official ballots.
(1) 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 signed by at least one thousand (1,000) qualified voters of this state.
(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 to 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 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 ELECTOR(S) (here insert the name(s) of individual unpledged elector(s) if placed upon the ballot based upon a petition granted in the manner provided by law stating the individual name(s) of the elector(s) rather than a slate of electors)."
Mississppi has a Party Pledge, a situation we've seen before. In BrawnyMan terms, it's That Thing We're Going Through.
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MONTANA - 3 Electoral Votes
State Law - §13-25-104 13-25-101. Nomination of electors -- ballot. (1) Each political party qualified under 13-10-601 shall nominate presidential electors for this state and file certificates of nomination for these candidates with the secretary of state in a form prescribed by the secretary of state no later than 76 days before the general election, in the manner and number provided by law. However, in the event of the death of a candidate for president or vice president, a new candidate for president or vice president, or both, may be nominated for the affected political party and certificates of election may be filed with the secretary of state less than 76 days before a general election.
(2) 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 must be placed on the ballot by one of the methods provided in 13-12-204. If the name of a new candidate for president or vice president, or both, is certified to the secretary of state in less than 76 days pursuant to subsection (1), the secretary of state shall immediately certify the new name or names to the election administrators and the new name or names must be placed on the ballot by one of the methods provided in 13-12-204.
(3) The names of candidates for electors of president and vice president may not appear on the ballot.
13-25-102. Election of electors. (1) On the Tuesday next after the first Monday of November in the year in which a president of the United States is to be elected, there shall be elected as many electors for president and vice president of the United States as are allocated to this state.
(2) The votes cast for candidates for president and vice president of each political party shall be counted for the candidates for presidential electors of the political party whose names have been filed with the secretary of state.
13-25-103. Returns -- lists of electors elected. (1) The votes for candidates for president and vice president shall be given, received, returned, and canvassed as the votes are given, returned, and canvassed for candidates for congress.
(2) The secretary of state shall prepare three lists of names of electors elected and affix the seal of the state to the lists.
(3) The lists shall be signed by the governor and secretary of state and delivered by the latter to the college of electors at the hour of their meeting.
13-25-104. Meeting and voting of electors. (1) The electors shall meet in Helena at 2 p.m. on the first Monday after the second Wednesday in December following their election.
(2) The electors shall vote by separate ballots for one person for president and one for vice president of the United States.
(3) The electors shall cast their ballots for the persons who received the highest number of votes for president and vice president of the United States, respectively, in the most recently conducted general election in the state of Montana.
Montana comes in to the top 5 list as a state whose electoral procedure reflects the will of the people. If you've ever met a Montanan, you know why; these folks don't take kindly to being herded, as they are intimately aware of what awaits a herd at the end of a cattle drive.
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NEBRASKA - 5 Electoral Votes
State Law - § 32-714Section 32-713
Presidential electors; notice of appointment; meeting.
The certificates of appointment for presidential electors shall be served by the Governor on each person appointed. The Governor shall notify the presidential electors to be at the State Capitol at noon on the first Monday after the second Wednesday in December after appointment and report to the Governor at his or her office in the capitol as being in attendance. The Governor shall serve the certificates of appointment by registered or certified mail. The presidential electors shall convene at 2 p.m. of such Monday at the Governor's office in the capitol.
Source:
• Laws 1994, LB 76, 213
Annotations:
• Governor appoints presidential electors in accordance with return of state canvassing board. State ex rel. Beeson v. Marsh, 150 Neb. 233, 34 N.W.2d 279 (1948).
~Reissue Revised Statutes of Nebraska
Section 32-714
Presidential electors; vacancies; how filled; meeting; procedure.
The Governor shall provide each presidential elector with a list of all the electors. If any elector is absent or if there is a deficiency in the proper number of electors, those present shall elect from the citizens of the state so many persons as will supply the deficiency and immediately issue a certificate of election, signed by those present or a majority of them, to the person or persons so chosen. In case of failure to elect by 3 p.m. of such day, the Governor shall fill the vacancies by appointment. After all vacancies are filled, the college of electors shall proceed with the election of a President of the United States and a Vice President of the United States and certify their votes in conformity with the Constitution and laws of the United States. Each at-large presidential elector shall cast his or her ballot for the presidential and vice-presidential candidates who received the highest number of votes in the state. Each congressional district presidential elector shall cast his or her ballot for the presidential and vice-presidential candidates who received the highest number of votes in his or her congressional district.
Source:
• Laws 1994, LB 76, 214
Annotations:
• This section provides procedures for meeting of presidential electors. State ex rel. Beeson v. Marsh, 150 Neb. 233, 34 N.W.2d 279 (1948).
Nebraska joins the ranks of states whose democracy is truly representational.
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NEVADA - 5 Electoral Votes
State Law - § 298.050PRESIDENTIAL ELECTORS
NRS 298.010 Time when chosen; number. In each year when the election of President and Vice President of the United States is to take place, there shall be chosen as many electors of President and Vice President of the United States as this State is then entitled to.
[Part 1:108:1866; B § 2599; BH § 1636; C § 1782; RL § 2765; NCL § 4765] + [3:108:1866; B § 2601; BH § 1638; C § 1784; RL § 2767; NCL § 4767]
NRS 298.020 Selection of party’s nominees.
1. Each major 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 major political party held in that year, choose from the qualified electors, who are legally registered members of that political party, the number of presidential electors required by law and no more, who must be nominated by the delegates at the state convention. Upon the nomination thereof, the chairman and the secretary of the convention shall certify the names and addresses of the nominees to the Secretary of State, who shall record the names in his office as the nominees of that political party for presidential elector.
2. Each minor 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 choose from the qualified electors, the number of presidential electors required by law. The person who is authorized to file the list of candidates for partisan office of the minor political party with the Secretary of State pursuant to NRS 293.1725 shall certify the names and addresses of the nominees to the Secretary of State, who shall record the names in his office as the nominees of that political party for presidential elector.
[1:38:1949; 1943 NCL § 4767.01] + [2:38:1949; A 1953, 135] + [3:38:1949; 1943 NCL § 4767.03]—(NRS A 1969, 65; 1979, 405; 1989, 2172; 1999, 3560)
NRS 298.025 Nominees of candidates who receive highest number of votes at general election become presidential electors. Presidential electors are not nominated at the primary election or placed upon the general election ballot, but the nominees of the presidential and vice presidential candidates who receive the highest number of votes at the general election thereby become the official presidential electors. The presidential electors shall perform the duties of such electors as required by law and the Constitution of the United States.
(Added to NRS by 1979, 405; A 1993, 2782)
NRS 298.030 Time when presidential electors required to convene at seat of government. The presidential electors so chosen shall convene at the seat of government on the 1st Monday after the 2nd Wednesday in December next after their election, at 2 p.m., or on such other date as the Congress of the United States may by law hereafter provide.
[Part 6:108:1866; A 1869, 64; 1917, 391; 1937, 186; 1931 NCL § 4770]
NRS 298.040 Filling vacancy upon death or absence of presidential elector. In case of the death or absence of any presidential elector chosen, or if the number of presidential electors shall from any cause be deficient, the national committeewoman, the national committeeman and the state chairman of the party whose nominees for President and Vice President received the greatest number of votes in the State at the next preceding general election shall forthwith elect, from the qualified electors of this State registered as affiliated with such prevailing party, as many persons as will supply the deficiency. A majority of such three party officials shall be sufficient to fill such vacancies.
[Part 6:108:1866; A 1869, 64; 1917, 391; 1937, 186; 1931 NCL § 4770]—(NRS A 1961, 296)
NRS 298.050 Convening and voting for President and Vice President. The presidential electors, when convened, shall vote by ballot for one person for President and one person for Vice President of the United States, one of whom, at least, must not be an inhabitant of this State. The presidential electors shall vote only for the nominees for President and Vice President of the party or the independent candidates that prevailed in this State in the preceding general election.
[Part 7:108:1866; A 1869, 64; 1917, 391; 1937, 186; 1931 NCL § 4771]—(NRS A 1961, 296; 1993, 2783)
NRS 298.060 Presidential electors to use separate ballots. The presidential electors shall name in their ballots the persons voted for as President, and in distinct ballots the persons voted for as Vice President.
[Part 7:108:1866; A 1869, 64; 1917, 391; 1937, 186; 1931 NCL § 4771]
NRS 298.070 Lists of persons voted for and number of votes; certification; transmission to President of the Senate. The presidential electors shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice President, and of the number of votes given for each, which lists they shall sign, certify, seal and transmit to the seat of the Government of the United States, directed to the President of the Senate.
[Part 7:108:1866; A 1869, 64; 1917, 391; 1937, 186; 1931 NCL § 4771]
NRS 298.080 Proceedings of presidential electors to conform to United States Constitution and laws. In complying with the provisions of NRS 298.050 to 298.070, inclusive, the presidential electors shall, in all respects, proceed conformably to the Constitution of the United States and the laws of the United States.
[Part 7:108:1866; A 1869, 64; 1917, 391; 1937, 186; 1931 NCL § 4771]
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No Legal Requirement - Electors in these States are not bound by State Law to cast their vote for a specific candidate:
NEW HAMPSHIRE - 4 Electoral Votes
NEW JERSEY - 15 Electoral Votes NEW MEXICO - 5 Electoral Votes
State Law -(Violation is a fourth degree felony.)§ 1-15-5 to 1-15-9 1-15-4. Presidential electors; election.
A. The names of the presidential elector nominees shall not be placed upon the general election ballot; instead, the secretary of state shall certify to the county clerks the names of persons nominated by each qualified political party for the offices of president and vice president of the United States.
B. The names of such nominees for president and vice president for each qualified 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 presidential electors of the political party by which such nominees were named.
C. The presidential elector nominees of the party whose nominees for president and vice president receive the highest number of votes at the general election shall be the elected presidential electors for this state, and each shall be granted a certificate of election by the state canvassing board.
1-15-5. Presidential electors; duties.
Presidential electors for the state shall perform the duties of the presidential electors required by law and the constitution of the United States.
1-15-6. Presidential electors; organization.
A. Presidential electors of the state shall meet at 11:00 a.m. in the office of the secretary of state on the day fixed by the laws of the United States for presidential electors to cast their ballots for president and vice president of the United States.
B. At such meeting the presidential electors shall organize by choosing a presiding officer and a secretary.
C. 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 that state party.
D. The secretary of state shall provide such clerical assistance as needed by the presidential electors in performing their duties.
1-15-8. Presidential electors; electoral college casting ballots; certification of results.
The presidential electors of the state shall meet at noon in the office of the secretary of state on the day fixed by the laws of the United States for presidential electors 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 the 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 the secretary of state, where it shall be kept on file.
1-15-9. Presidential electors; penalty.
A. All presidential electors shall cast their ballots in the electoral college for the candidates of the political party which nominated them as presidential electors.
B. Any presidential elector who casts his ballot in violation of the provisions contained in Subsection A of this section is guilty of a fourth degree felony.
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No Legal Requirement - Electors in these States are not bound by State Law to cast their vote for a specific candidate:
NEW YORK - 31 Electoral Votes NORTH CAROLINA - 15 Electoral Votes
State Law -(Violation cancels vote; elector is replaced and is subject to $500 fine.) § 163-212Article 18.
Presidential Electors.
§ 163208. Conduct of presidential election.
Unless otherwise provided, the election of presidential electors shall be conducted and the returns made in the manner prescribed by this Chapter for the election of State officers. (1901, c. 89, s. 79; Rev., s. 4371; C.S., s. 6009; 1933, c. 165, s. 11; 1967, c. 775, s. 1.)
§ 163209. Names of presidential electors not printed on ballots.
The names of candidates for electors of President and VicePresident nominated by any political party recognized in this State under G.S. 16396, or nominated under G.S. 1631(c) by a candidate for President of the United States who has qualified to have his name printed on the general election ballot as an unaffiliated candidate under G.S. 163122, shall be filed with the Secretary of State but shall not be printed on the ballot. In the case of the unaffiliated candidate, the names of candidates for electors must be filed with the Secretary of State no later than 12:00 noon on the first Friday in August. In place of their names, there shall be printed on the ballot the names of the candidates for President and VicePresident of each political party recognized in this State, and the name of any candidate for President who has qualified to have his name printed on the general election ballot under G.S. 163122. A candidate for President who has qualified for the general election ballot as an unaffiliated candidate under G.S. 163122 shall, no later than 12:00 noon on the first Friday in August, file with the State Board of Elections the name of a candidate for VicePresident, whose name shall also be printed on the ballot. A vote for the candidates named on the ballot shall be a vote for the electors of the party or unaffiliated candidate by which those candidates were nominated and whose names have been filed with the Secretary of State. (1901, c. 89, s. 78; Rev., s. 4372; C.S., s. 6010; 1933, c. 165, s. 11; 1949, c. 672, s. 2; 1967, c. 775, s. 1; 1991 (Reg. Sess., 1992), c. 782, s. 2; 2001460, s. 5.)
§ 163210. Governor to proclaim results; casting State's vote for President and VicePresident.
Upon receipt of the certifications prepared by the State Board of Elections and delivered in accordance with G.S. 163182.15, the Secretary of State, under seal of the office, shall notify the Governor of the names of the persons elected to the office of elector for President and VicePresident of the United States as stated in the abstracts of the State Board of Elections. Thereupon, the Governor shall immediately issue a proclamation setting forth the names of the electors and instructing them to be present in the old Hall of the House of Representatives in the State Capitol in the City of Raleigh at noon on the first Monday after the second Wednesday in December next after their election, at which time the electors shall meet and vote on behalf of the State for President and VicePresident of the United States. The Governor shall cause this proclamation to be published in the daily newspapers published in the City of Raleigh. Notice may additionally be made on a radio or television station or both, but such notice shall be in addition to the newspaper and other required notice. The Secretary of State is responsible for making the actual arrangements for the meeting, preparing the agenda, and inviting guests.
Before the date fixed for the meeting of the electors, the Governor shall send by registered mail to the Archivist of the United States, either three duplicate original certificates, or one original certificate and two authenticated copies of the Certificates of Ascertainment, 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. These Certificates of Ascertainment should be sent as soon as possible after the election, but must be received before the Electoral College meeting. At the same time the Governor 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 48 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, the first and second alternates, respectively, who were nominated under G.S. 1631(c), shall fill the first two vacancies. If the alternates are absent, ineligible, resign, or were not chosen, or if there are more than two vacancies, then the electors 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 VicePresident of the United States. (1901, c. 89, s. 81; Rev., s. 4374; 1917, c. 176, s. 2; C.S., ss. 5916, 6012; 1923, c. 111, s. 12; 1927, c. 260, s. 17; 1933, c. 165, s. 11; 1935, c. 143, s. 2; 1967, c. 775, s. 1; 1969, c. 949, ss. 1, 2; 1981, c. 35, s. 1; 1989, c. 93, s. 5; 1993 (Reg. Sess., 1994), c. 738, s. 1; 2001398, s. 8.)
§ 163211. Compensation of presidential electors.
Presidential electors shall be paid, for attending the meeting held in the City of Raleigh on the first Monday after the second Wednesday in December next after their election, the sum of fortyfour dollars ($44.00) per day and traveling expenses at the rate of seventeen cents (17¢) per mile in going to and returning home from the required meeting. (1901, c. 89, s. 84; Rev., s. 2761; C.S., s. 3878; 1933, c. 5; 1967, c. 775, s. 1; 1979, c. 1008.)
§ 163212. Penalty for failure of presidential elector to attend and vote.
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 VicePresident of the United States at the time and place directed in G.S. 163210 (except in case of sickness or other unavoidable accident) shall forfeit and pay to the State five hundred dollars ($500.00), 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.
The clear proceeds of forfeitures provided for in this section shall be remitted to the Civil Penalty and Forfeiture Fund in accordance with G.S. 115C457.2. (1901, c. 89, s. 83; Rev., s. 4375; C.S., s. 6013; 1933, c. 165, s. 11; 1967, c. 775, s. 1; 1969, c. 949, s. 3; 1998215, s. 131.)
§ 163213. Appointment of Presidential Electors by General Assembly in certain circumstances, by the Governor in certain other circumstances.
(a) Appointment by General Assembly if No Proclamation by Six Days Before Electors' Meeting Day. – As permitted by 3 U.S.C. § 2, whenever the appointment of any Presidential Elector has not been proclaimed under G.S. 163210 before noon on the date for settling controversies specified by 3 U.S.C. § 5, and upon the call of an extra session pursuant to the North Carolina Constitution for the purposes of this section, the General Assembly may fill the position of any Presidential Electors whose election is not yet proclaimed.
(b) Appointment by Governor if No Appointment by the Day Before Electors' Meeting Day. – If the appointment of any Presidential Elector has not been proclaimed under G.S. 163210 before noon on the date for settling controversies specified by 3 U.S.C. § 5, nor appointed by the General Assembly by noon on the day before the day set for the meeting of Presidential Electors by 3 U.S.C. § 7, then the Governor shall appoint that Elector.
(c) Standard for Decision by General Assembly and Governor. – In exercising their authority under subsections (a) and (b) of this section, the General Assembly and the Governor shall designate Electors in accord with their best judgment of the will of the electorate. The decisions of the General Assembly or Governor under subsections (a) and (b) of this section are not subject to judicial review, except to ensure that applicable statutory and constitutional procedures were followed. The judgment itself of what was the will of the electorate is not subject to judicial review.
(d) Proclamation Before Electors' Meeting Day Controls. – If the proclamation of any Presidential Elector under G.S. 163210 is made any time before noon on the day set for the meeting of Presidential Electors by 3 U.S.C. § 7, then that proclamation shall control over an appointment made by the General Assembly or the Governor. This section does not preclude litigation otherwise provided by law to challenge the validity of the proclamation or the procedures that resulted in that proclamation. (2001289, s. 2.)
Almost as nice as Colorado, but i smell loopholes.
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No Legal Requirement - Electors in these States are not bound by State Law to cast their vote for a specific candidate:
NORTH DAKOTA - 3 Electoral Votes
OHIO - 20 Electoral Votes
State Law - § 3505.40The secretary of state shall immediately upon the completion of the canvass of election returns mail to each presidential elector so elected a certificate of his election and shall notify him to attend, at a place in the state capitol which the secretary of state shall select, at twelve noon on the day designated by the congress of the United States, a meeting of the state's presidential electors for the purpose of discharging the duties enjoined on them by the constitution of the United States. The secretary of state, ten days prior to such meeting, shall by letter remind each such elector of the meeting to be held for casting the vote of the state for president and vice-president of the United States. Each such elector shall give notice to the secretary of state before nine a.m. of that day whether or not he will be present at the appointed hour ready to perform his duties as a presidential elector. If at twelve noon at the place selected by the secretary of state presidential electors equal in number to the whole number of senators and representatives to which the state may at the time be entitled in the congress of the United States, are not present, the presidential electors present shall immediately proceed, in the presence of the governor and secretary of state, to appoint by ballot such number of persons to serve as presidential electors so that the number of duly elected presidential electors present at such time and place plus the presidential electors so appointed shall be equal in number to the whole number of senators and representatives to which the state is at that time entitled in the congress of the United States; provided, that each such appointment shall be made by a separate ballot, and that all appointments to fill vacancies existing because duly elected presidential electors are not present shall be made before other appointments are made, and that in making each such appointment the person appointed shall be of the same political party as the duly elected presidential elector whose absence requires such appointment to be made. In case of a tie vote the governor shall determine the results by lot. The electors making such appointments shall certify forthwith to the secretary of state the names of the persons so appointed and the secretary of state shall immediately issue to such appointees certificates of their appointment and notify them thereof. All of the state's presidential electors, both those duly elected who are then present and those appointed as herein provided, shall then meet and organize by electing one of their number as chairman and by designating the secretary of state as ex officio secretary and shall then and there discharge all of the duties enjoined upon presidential electors by the constitution and laws of the United States. Each presidential elector shall receive ten dollars for each day's attendance in Columbus as such and mileage at the rate of ten cents per mile for the estimated distance by the usual route from his place of residence to Columbus. Such compensation and mileage shall be upon vouchers issued by the secretary of state, and shall be paid by the treasurer of state out of the general fund.
A presidential elector elected at a general election or appointed pursuant to section 3505.39 of the Revised Code 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.
HISTORY: 133 v H 500. Eff 11-14-69.
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OKLAHOMA - 7 Electoral Votes
State Pledge / State Law - (Violation of oath is a misdemeanor, carrying a fine of up to $1000.)26, §§ 10-102; 10-109§2610102. Oath for Presidential Electors.
Every party nominee for Presidential Elector shall subscribe to an oath, stating that said nominee, if elected, will cast his ballot for the persons nominated for the offices of President and Vice President by the national convention of his party. Said oath shall be notarized by a notary public and filed with the Secretary of the State Election Board no fewer than ninety (90) days prior to the General Election. Failure of any party nominee to take and file said oath by said date shall automatically vacate his nomination and a substitute nominee shall be selected by the state central committee of the appropriate political party. It shall be the duty of the Secretary of the State Election Board to notify the chairman of the state central committee of the failure of any nominee to file said oath.
Laws 1974, c. 153, § 10102, operative Jan. 1, 1975; Laws 1977, c. 136, § 2.
§2610103. Election of Presidential Electors.
On the first Tuesday after the first Monday in November in each year next preceding the expiration of the term of office of each President of the United States, the registered voters of this state shall elect a number of electors for President and Vice President equal to the number of United States Senators and United States Representatives which the state is entitled to elect. Said electors shall be elected in the same manner as is provided for state officers.
Laws 1974, c. 153, § 10103, operative Jan. 1, 1975.
§2610104. Qualifications.
The electors for President and Vice President, hereinafter referred to as Presidential Electors, shall be registered voters of Oklahoma; provided, however, that no United States Senator or United States Representative or person holding an office of trust or profit under the United States shall be a Presidential Elector.
Laws 1974, c. 153, § 10104, operative Jan. 1, 1975.
§2610105. Ballots.
At any General Election in which Presidential Electors are to be elected, the State Election Board shall provide ballots on which the names of the Presidential Electors of each political party shall be bracketed adjacent to the names of said party's candidates for President and Vice President. The names of the Independent nominees for Presidential Electors shall be bracketed adjacent to the names of the candidates for President and Vice President for whom they have subscribed an oath to cast their ballots or bracketed adjacent to the word "Uncommitted" in the event said nominees are uncommitted. Said ballots shall, in all other respects, have the appearance of ballots used for state officers.
Laws 1974, c. 153, § 10105, operative Jan. 1, 1975; Laws 1977, c. 136, § 3.
§2610106. Certificates of Election.
Certificates of Election issued by the State Election Board to Presidential Electors shall be transmitted to such electors by the Governor.
Laws 1974, c. 153, § 10106, operative Jan. 1, 1975.
§2610107. Electors to meet Duties.
Persons chosen as Presidential Electors shall meet at 10:00 a.m. in the Governor's office at the time appointed by the laws of the United States and cast their votes in the manner therein provided and perform such duties as may be required by law. Each such Elector shall receive mileage reimbursement at the rate as provided for state employees, said reimbursement to be paid from funds appropriated to the Office of the Governor.
Amended by Laws 1983, c. 171, § 17, emerg. eff. June 6, 1983.
§2610108. Vacancies.
In the event any Presidential Elector fails to meet at the Governor's office at the prescribed time, it shall be the duty of such Electors present at the time and place aforesaid to appoint a person to fill such vacancy.
Laws 1974, c. 153, § 10108, operative Jan. 1, 1975.
§2610109. Penalty.
Any Presidential Elector who violates his oath as a Presidential Elector shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than One Thousand Dollars ($1,000.00).
Laws 1974, c. 153, § 10109, operative Jan. 1, 1975.
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OREGON - 7 Electoral Votes
State Pledge / State Law - § 248.355 248.355 Selection of presidential electors; candidate’s pledge. (1) In a year when a President and Vice President of the United States are to be nominated and elected, each political party nominating candidates for those offices shall select 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.
(2) A candidate for elector when selected shall sign a pledge that, if elected, the candidate will vote in the electoral college for the candidates of the party for President and Vice President. The Secretary of State shall prescribe the form of the pledge. The party shall certify the names of the selected candidates for elector to the Secretary of State not later than the 70th day before the election of electors. [Formerly 248.340; 1961 c.46 §1; 1961 c.667 §4; 1965 c.138 §1; 1975 c.779 §16; 1979 c.190 §89; 1993 c.797 §25; 2001 c.965 §2]
248.360 Election time and number of presidential electors to be elected; names of presidential electors not printed on ballot. (1) At the general election in a year when a President and Vice President of the United States are to be elected, the electors of this state shall elect as many electors of President and Vice President as this state is entitled to elect Senators and Representatives in Congress.
(2) The names of the electors shall not be printed on the general election ballot. A vote for the candidates for President and Vice President shall be a vote for the electors supporting those candidates and selected as provided by law. The general election ballot shall state that electors of President and Vice President are being elected and that a vote for the candidates for President and Vice President shall be a vote for the electors supporting those candidates. [Amended by 1979 c.190 §90; 1993 c.493 §4]
248.370 Convening of electors; vacancies; duties. The electors of President and Vice President shall convene at the State Capitol on the 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 required of them by the Constitution and laws of the United States. [Amended by 1979 c.190 §91; 1995 c.79 §88; 1995 c.607 §12]
248.380 Electors’ mileage expenses. An elector of President and Vice President of the United States who attends at the time and place appointed and votes for President and Vice President shall be entitled to receive from this state mileage expenses at the rate allowed to members of the Legislative Assembly. [Amended by 1957 c.608 §63; 1979 c.190 §92; 1995 c.607 §13]
Oregon trusts their electors to abide the Party Pledge.
Labels: constititutionalism, democracy, electoral reform, US constitution, voting
