Eligibility requirements as it appeared in 1787
Article Two of the Constitution stipulates that for a person to serve as president, the individual must be a
natural-born citizen of the United States, at least 35 years old, and a resident of the United States for a period of no less than 14 years. A candidate may start running their campaign early before turning 35 years old or completing 14 years of residency, but must meet the age and residency requirements by
Inauguration Day. The
Twenty-second Amendment to the Constitution also sets a
term limit: a president cannot be elected to more than two terms. The U.S. Constitution also has two provisions that apply to all
federal officers appointed by the president, and debatably also to the presidency. When Senator Barack Obama was elected president a legal debate concluded that the president was not an "office under the United States" for many reasons, but most significantly because
Article I, Section 3, Clause 7 would violate the legal principle of
surplusage if the president were also a civil officer. There exists no case law to resolve the debate however public opinion seems to favor that the presidency is also bound by the following qualifications: Upon conviction at impeachment, the Senate may vote to disqualify that person from holding any "public office... under the United States" in the future.
Section 3 of the Fourteenth Amendment prohibits the election to any federal office of any person who engaged in insurrection after having held any federal or state office, rebellion or treason; this disqualification can be waived if such an individual gains the consent of two-thirds of both houses of Congress. In addition, the Twelfth Amendment establishes that the vice president must meet all the qualifications of being a president. Although not a mandatory requirement, Federal campaign finance laws including the
Federal Election Campaign Act state that a candidate who intends to receive contributions aggregating in excess of $5,000 or make expenditures aggregating in excess of $5,000, among others, must first file a Statement of Candidacy with the
Federal Election Commission. This has led presidential candidates, especially members from the two major political parties, to officially announce their intentions to run as early as the spring of the previous calendar year so they can start raising or spending the money needed for their nationwide campaign. Potential candidates usually form
exploratory committees even earlier to determine the feasibility of them actually running.
Decentralized election system and voter eligibility The U.S. presidential election process, like all other
elections in the United States, is a highly decentralized system. While the
U.S. Constitution does set parameters for the election of the president and other federal officials, state law, not federal, regulates most aspects of elections in the U.S., including the primaries, the eligibility of voters (beyond the basic constitutional definition), and the specific details of running each state's electoral college meeting. All elections, including federal, are administered by the individual states. Thus, the presidential election is really an amalgamation of separate state elections instead of a single national election run by the federal government. Candidates must submit separate filings in each of the 50 states if they want to qualify on each state's ballot, and the requirements for filing vary by state. The eligibility of an individual for voting is set out in the Constitution and regulated at state level. The
15th,
19th and
26th Amendments to the Constitution state that
suffrage cannot be denied on grounds of race or color, sex, or age for citizens eighteen years or older, respectively. Beyond these basic qualifications, it is the responsibility of state legislatures to regulate voter eligibility and registration.
Nominating process . The
Iowa caucuses are traditionally the first major electoral event of presidential primaries and caucuses. in
New York City, the site of the 1976, 1980, and 1992 Democratic National Conventions; and the 2004 Republican National Convention at the
Xcel Energy Center in
Saint Paul, Minnesota The modern nominating process of U.S. presidential elections consists of two major parts: a series of
presidential primary elections and caucuses held in each state, and the
presidential nominating conventions held by each
political party. This process was never included in the Constitution, and thus evolved over time by the political parties to clear the field of candidates. The
primary elections are run by state and local governments, while the
caucuses are organized directly by the political parties. Some states hold only primary elections, some hold only caucuses, and others use a combination of both. These primaries and caucuses are staggered generally between January and June before the federal election, with
Iowa and
New Hampshire traditionally holding the first presidential state caucus and primary, respectively. Like the general election, presidential caucuses or primaries are indirect elections. The major political parties officially vote for their presidential candidate at their respective nominating conventions, usually all held in the summer before the federal election. Depending on each state's law and state's political party rules, when voters cast ballots for a candidate in a presidential caucus or primary, they may be voting to award delegates "bound" to vote for a candidate at the presidential nominating conventions, or they may simply be expressing an opinion that the state party is not bound to follow in selecting delegates to their respective national convention. Unlike the general election, voters in the U.S. territories can also elect delegates to the national conventions. Furthermore, each political party can determine how many delegates to allocate to each state and territory. In 2012 for example, the
Democratic and
Republican party conventions each used two different formulas to allocate delegates. The Democrats-based theirs on two main factors: the proportion of votes each state gave to the Democratic candidate in the previous three presidential elections, and the number of electoral votes each state had in the Electoral College. In contrast, the Republicans assigned to each state 10 delegates, plus three delegates per congressional district. Both parties then gave a fixed number of delegates to each territory, and finally bonus delegates to states and territories that passed certain criteria. The conventions have historically been held inside
convention centers, but since the late 20th century both the Democratic and Republican parties have favored
sports arenas and domed stadiums to accommodate the increasing attendance.
Campaign strategy One major component of getting elected to any office is running a successful campaign. There are, however, multiple ways to go about creating a successful campaign. Several strategies are employed by candidates from both sides of the political spectrum. Though the ideas may differ the goal of them all are the same, "...to mobilize supporters and persuade undecided voters..." (Sides et al., pg. 126 para, 2). The goal of any campaign strategy is to create an effective path to victory for the intended candidate. Joel Bradshaw is a political scientist who has four propositions necessary to develop such a strategy. The first one being, the separation of the eligible voters into three groups: Undecided voters, opponent voters, and your voting base. Second, is the utilization of previous election results and survey data that can be used to identify who falls into the categories given in section one. Third, it is not essential, nor possible to get the support of every voter in an election. The campaign focus should be held mostly to keeping the base and using data to determine how to swing the undecided voters. Fourth, now that the campaign has identified the ideal base strategy, it is now time to allocate resources properly to make sure your strategy is fulfilled to its extent, (Sides et al. pg. 126, para 4, and pg. 127, para 1). Today, the states and the District of Columbia each conduct their own popular elections on
Election Day to help determine their respective slate of electors. Generally, voters are required to vote on a ballot where they select the candidate of their choice. The presidential ballot is a vote "for the electors of a candidate", meaning the voter is not voting for the candidate, but endorsing a slate of electors pledged to vote for a specific presidential and vice presidential candidate. Many voting ballots allow a voter to "blanket vote" for all candidates in a particular
political party or to select individual candidates on a line by line voting system. Which candidates appear on the voting ticket is determined through a legal process known as
ballot access. Usually, the size of the candidate's political party and the results of the major nomination conventions determine who is pre-listed on the presidential ballot. Thus, the presidential election ticket will not list every candidate running for president, but only those who have secured a major party nomination or whose size of their political party warrants having been formally listed. Laws allow other candidates pre-listed on a ticket, provided enough voters have endorsed that candidate, usually through a signature list. The final way to be elected for president is to have one's name written in at the time of election as a
write-in candidate. This method is used for candidates who did not fulfill the legal requirements to be pre-listed on the voting ticket. However, since a slate of electors must be associated with these candidates to vote for them (and someone for vice president) in the electoral college in the event they win the presidential election in a state, most states require a slate of electors be designated before the election in order for a write-in candidate to win, essentially meaning that most write-in votes do not count. In any event, a write-in candidate has never won an election in a state for president of the United States. Write-in votes are also used by voters to express a distaste for the listed candidates, by writing in an alternative candidate for president such as
Mickey Mouse or comedian
Stephen Colbert (whose application was voted down by the South Carolina Democratic Party). Because U.S. territories are not represented in the Electoral College, U.S. citizens in those areas do not vote in the general election for president.
Guam has held
straw polls for president since the 1980 election to draw attention to this fact.
Electoral college .
Republican Donald Trump won the popular vote in 31 states (red) and in
Maine's 2nd congressional district to capture 312 electoral votes.
Democrat Kamala Harris won the popular vote in 19 states (blue) plus D.C. and in
Nebraska's 2nd congressional district to capture 226 electoral votes. Most state laws establish a winner-take-all system, wherein the ticket that wins a
plurality of votes wins all of that state's allocated electoral votes, and thus has their slate of electors chosen to vote in the Electoral College.
Maine and
Nebraska do not use this method, giving two electoral votes to the statewide winner and one electoral vote to the winner of each Congressional district instead. Each state's winning slate of electors then meets at their respective state's capital on the first Monday after the second Wednesday in December to cast their electoral votes on separate ballots for president and vice president. Although Electoral College members can vote for anyone under the U.S. Constitution, 32
states plus the
District of Columbia have laws against
faithless electors, those electors who do not cast their electoral votes for the person for whom they have pledged to vote. The
Supreme Court ruled unanimously in the case
Chiafalo v. Washington on July 6, 2020, that the constitution does not prevent states from penalizing or replacing faithless electors. casts their ballot following the
2024 presidential election. In early January, the total Electoral College vote count is opened by the sitting vice president, acting in his or her capacity as
president of the Senate, and read aloud to a
joint session of the incoming Congress, which was elected at the same time as the president. Members of Congress are free to object to any or all of a state's electoral vote count, provided that the objection is presented in writing and is signed by at least one member of each house of Congress. If such an objection is submitted, both houses of Congress adjourn to their respective chambers to debate and vote on the objection. The approval of both houses of Congress is required to invalidate those electoral votes in question. If no candidate receives a majority of the electoral vote (at least 270), the president is determined by the rules outlined by the
Twelfth Amendment. Specifically, the selection of president would then be decided by a
contingent election in a ballot of the House of Representatives. For the purposes of electing the president, each state has only one vote. A ballot of the Senate is held to choose the vice president. In this ballot, each senator has one vote. The House has chosen the victor of the presidential race only twice, in
1800 and
1824; the Senate has chosen the victor of the vice-presidential race only once, in
1836. If the president is not chosen by Inauguration Day, the vice president-elect acts as president. If neither are chosen by then, Congress by law determines who shall act as president, pursuant to the
Twentieth Amendment. Unless there are faithless electors, disputes, or other controversies, the events in December and January mentioned above are largely a formality since the winner can be determined based on the state-by-state popular vote results. Between the general election and Inauguration Day, this apparent winner is referred to as the "
president-elect" (unless it is a sitting president who has won re-election).
Election calendar The typical periods of the presidential election process are as follows, with the dates corresponding to the 2024 general election: • Late 2022 to early 2023 – Candidates announce their intentions to run, and (if necessary) file their Statement of Candidacy with the
Federal Election Commission • June 2023 to January 2024 – Primary and caucus debates • January to June 2024 – Primaries and caucuses • Late May to August 2024 – Nominating conventions (including those of the minor third parties) • September and October 2024 –
Presidential election debates • November 5, 2024 –
Election Day • December 17, 2024 – Electors cast their electoral votes • January 6, 2025 – Congress counts and certifies the electoral votes • January 20, 2025 -
Presidential inauguration ==Trends==