TOPIC NAME: ELECTION OF PRESIDENT OF

UNITED STATES
SUBJECT- COMPARATIVE CONSTITUTION
ASSIGNMENT SUBMITTED TO
FACULTY OF LAW, UNIVERSITY OF LUCKNOW

For the Partial Fulfilment of the Requirement in

B.A.LLB (Hons.)-V SEM (SECTION-A)

Under Guidance of: Submitted By:

MS. SANJANA MITTAL
ADARSH GAUTAM
Roll no- 200013015058

FACULTY OF LAW
UNIVERSITY OF LUCKNOW
2022-23
 Acknowledgement

I would like to express my deepest gratitude to our Ms. Sanjana Mittal for teaching us and
guiding us at every step since he began teaching us.

Also, I am very grateful for the love and support I got from my Parents and my family.

Again, I would like to express my sincere thanks to Ms. Sanjana Mittal for mentoring usand
helping us.

Thank You Sir for providing this opportunity to make this assignment and for making things
easier for us.
 CONTENTS

 ELECTION OF PRESIDENT OF US
1. TERM
2. QUALIFICATIONS
3. NOMINATION OF CANDIDATES
4. COMPOSITION AND ELECTION OF ELECTORAL
COLLEGE
5. FORMAL ELECTION OF PRESIDENT BY ELECTORS
6. REMOVAL OF PRESIDENT FROM OFFICE
 ELECTION OF PRESIDENT OF UNITED STATES

The actual mode of election is as follows:

1. Term
The President of the United States is elected for a term of four years by and electoral
college. although constitutionally the method of election is indirect, the growth of
political parties and political customs has converted it into a direct method.

2. Qualifications
Any natural born American citizen at least 35 years of age and 14 years resident
within the United States may stand for election since no mention is made of the sex of
the candidate, women as well as men are eligible. naturals citizen cannot contest for
Presidentship.

3. Nomination of Candidates

The constitution excellent on the method of nomination of the candidates the

founders of the constitution. The founders of the Constitution apparently expected that
the electoral college would perform the task of both nomination and election. But the
rise of political parties upset the expectation and now the candidates are chosen by the
national nomination conventions of the political parties. Each political party holds a
national convention for choosing a presidential Nominee. Delegates to the national
party conventions are chosen by state party conventions and in some States by
primary elections known as presidential primaries. The national party conventions are
held in big cities. A major tea of all the delegates is required to choose the presidential
Nominee.

4. Composition and election of electoral college

As said above, constitutionally the President is elected by an electoral college framed

for the purpose. The constitution says that the number of electors chosen in each state
 shall be equal to the number of members of the house of representatives and of the
Senate for that state. In other words, equal to the states representation in congress. At
present there are 538 votes in the electoral college (the total of 435 represent dative
and hundred senators plus 3 electoral votes for the district of Columbia) of which 270
are necessary for election.

The election for the electoral college is held on the Tuesday following the first
Monday in November. Legally and constitutionally the voters vote for the presidential
electors of their respective States but actually they vote for the presidential candidate
of the party which they support. Presidential electors are nominated by the respective
party organisation and party may require electors so chosen to promise to cast their
electoral votes for the candidates nominated by the party in national convention. In
some States the names of the electors do not even appear on the ballot. The voters
there for regard their ballots for electors as really being cast for the President. Of
course no penalty would attach if an elector would take it but such defection is very
rare. As soon as the popular vote is counted not only are the electors known but also
the coming President. These electrons are elected on the basis of list system which
means that electors are chosen on party basis. In other words, the party which gets the
support of the majority of voters in a state get all the Electrors elected.

5. Formal Election of President By Electors

The formal election of the President takes place long after the polling day through the
machinery of the electoral college. The electoral college does not formally meet at
one place. The electors of the various state assemble at their respective state capitals
and vote for the President. The Ballad of the state electoral groups are sent to the
President of the Senate, opened and counted before a joint session of Congress and
the result is formally announced. AAP candidate in order to win must secure a
majority of the whole number of electors appointed. If no candidate secures such
majority, then the house of representatives to the President among the three
candidates securing the highest votes in the electoral college. The house votes State
wise each state having no vote. A quorum for this purpose consists of members from
two third of the state and a majority of all the states is necessary for election.
6. Criticism of the Method

There are some serious defects in this method of Presidential election. In the electoral
college of all states electoral college votes go to the party whose presidential
candidate secured major plurality of the popular vote. In effect Americans elect a
President according to the electoral system of single member district and simple
plurality winner takes all in each of the 50 states (and in the district of Columbia) thus
the popular vote is distorted in the electoral college. There have been presidents who
received less than a majority of the total popular vote cast. In many cases the electoral
college victory has been out of all proportion to the popular vote. Lyndon Johnson
and Richard Nixon were such cases. The former in 1964 received 61% of the popular
vote but 90% of the electoral college vote and the letter in 1972 received 61% of the
popular vote but 97% of the electoral college vote. Secondly the method is uncertain.
The electors are not bound to vote for the candidate who carries the state. Finally,
when the President is chosen by the house of representatives, each state group, no
matter how large or small cast only one vote.

7. Removal of President From Office

The President may be removed from office before is legal term is over on
impeachment for and conviction for treason, bribery or high crimes of
misdemeanours. The house of representatives adopts by a majority vote of the
members present articles of impeachment charging the person with certain high
crimes and enumerates his particular offences. The case is tied in the Senate which
acts as the High Court. The chief justice of the supreme court presides. Auto 3rd vote
of the members present is necessary for a conviction. If convicted the offender may be
removed from office and disqualified to hold and enjoy any office of Trust honour or
profit under the United States. The party convicted is also liable and subject to
indicate comment trial judgement and punishment according to law. So far only
President Johnson has been impeached in 1868 he was however acquitted
Conclusion

Because of the Electoral Vote process, a Presidential candidate can win the popular vote in
the whole country but still lose the election. This can happen if the candidate does not win the
popular votes in states with lots of electors. If neither candidate wins 270 Electoral Votes, the
House of Representatives votes to choose the President and Vice President. This is very rare
and has only happened one time in the history of the United States (1824).

BIBLIOGRAPHY

 COMPARATIVE CONSTITUTION BY S.N DUBEY

 WIKIPEDIA
 www.aucd.org