What is the Electoral Count Act of 1887?

The Electoral Count Act of 1887 is a federal law that regulates the way in which electoral votes are counted and reported during a presidential election in the United States. It requires that votes for president and vice president be separately stated in the tabulation of the electoral count. Every state except Maine and Nebraska has a “winner take all” system, meaning that all of its electoral votes are awarded to the candidate who receives the highest number of popular votes in the state. The Electoral Count Act of 1887 also sets forth a procedure for protecting the rights of candidates (and electors) whose names appear on the ballot and whose electors have been appointed. The law requires that electors be appointed in accordance with state laws, and that the electoral votes be counted in the presence of the two houses of Congress before the President of the Senate proclaims the result of the election. The law provides that if a dispute exists over the electoral votes cast in any state, and the dispute cannot be resolved in that state, the two houses of Congress can decide to count only those votes that appear to have been regularly cast as determined by Congress. The Electoral Count Act of 1887 also specifies that if there is a tie in the electoral vote, or if no presidential candidate receives a majority of electoral votes, the House of Representatives shall immediately choose the President. In such a case, each state shall have one vote and the vote shall be taken by a majority of the states. The Electoral Count Act of 1887 remains a crucial part of the political process in the United States and continues to be the basis for determining the outcome of a presidential election.

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What is the Electoral Count Act of 1887?

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