United States Presidential Electors - Alternative Methods of Choosing Electors

Alternative Methods of Choosing Electors

Methods of Presidential Elector selection, by state, 1789–1832
Year AL CT DE GA IL IN KY LA ME MD MA MS MO NH NJ NY NC OH PA RI SC TN VT VA
1789 – L D L – – – – – A H – – H L – – – A – L – – D
1792 – L L L – – D – – A H – – H L L L – A L L – L D
1796 – L L A – – D – – D H – – H L L D – A L L H L D
1800 – L L L – – D – – D L – – L L L D – L A L H L A
1804 – L L L – – D – – D D – – A A L D A A A L D L A
1808 – L L L – – D – – D L – – A A L D A A A L D L A
1812 – L L L – – D L – D D – – A L L L A A A L D L A
1816 – L L L – L D L – D L – – A A L A A A A L D L A
1820 L A L L D L D L D D D A L A A L A A A A L D L A
1824 A A L L D A D L D D A A D A A L A A A A L D L A
1828 A A L A A A A A D D A A A A A D A A A A L D A A
1832 A A A A A A A A A D A A A A A A A A A A L A A A
Year AL CT DE GA IL IN KY LA ME MD MA MS MO NH NJ NY NC OH PA RI SC TN VT VA
Key A Popular vote, At-large D Popular vote, Districting L Legislative selection H Hybrid system

Before the advent of the short ballot in the early 20th century, as described above, the most common means of electing the presidential electors was through the general ticket. The general ticket is quite similar to the current system and is often confused with it. In the general ticket, voters cast ballots for individuals running for presidential elector (while in the short ballot, voters cast ballots for an entire slate of electors). In the general ticket, the state canvass would report the number of votes cast for each candidate for elector, a complicated process in states like New York with multiple positions to fill. Both the general ticket and the short ballot are often considered at-large or winner-takes-all voting. The short ballot was adopted by the various states at different times; it was adopted for use by North Carolina and Ohio in 1932. Alabama was still using the general ticket as late as 1960 and was one of the last states to switch to the short ballot.

The question of the extent to which state constitutions may constrain the legislature's choice of a method of choosing electors has been touched on in two U.S. Supreme Court cases. In McPherson v. Blacker, 146 U.S. 1 (1892), the Court cited Article II, Section 1, Clause 2 which states that a state's electors are selected "in such manner as the legislature thereof may direct" and wrote that these words "operat as a limitation upon the state in respect of any attempt to circumscribe the legislative power." In Bush v. Palm Beach County Canvassing Board, 531 U.S. 70 (2000), a Florida Supreme Court decision was vacated (not reversed) based on McPherson. On the other hand, three dissenting justices in Bush v. Gore, 531 U.S. 98 (2000), wrote: "nothing in Article II of the Federal Constitution frees the state legislature from the constraints in the State Constitution that created it."

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