UNBIASED - May 16, 2024 (Special Episode): All About the Presidential Election in the United States. The History, The Modern-Day Election Cycle and Process, and Fun Facts.

Episode Date: May 16, 2024

1. History of the Presidential Election in the United States (1:07)2. The Modern-Day Election Cycle and Process (8:10)3. Fun Facts (17:44)Get behind-the-scenes content on Patreon.Watch this episode on YouTube.Follow Jordan on Instagram and TikTok.All sources for this episode can be found here.  Learn more about your ad choices. Visit podcastchoices.com/adchoices

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call the Conax Ontario helpline at 1-866-531-2600. BetMGM operates pursuant to an operating agreement with iGaming Ontario. Welcome back to Unbiased, your favorite source of unbiased news and legal analysis. Welcome back to Unbiased. Today is Thursday, May 16th, and this is a special episode of Unbiased all about the presidential election. It's been a while since I've done one of these dedicated episodes, but every so often I feel they're necessary, especially with the election coming up. In this episode, we'll run through a brief history of the presidential election, what the process looks like today, and we'll finish with some fun facts. Did you know a 2023 Pew Research study found that only 40% of Americans know who chooses the

president if the Electoral College is tied? And an older 2008 study found that only 43% of Americans knew that the Electoral College is a constitutionally mandated assembly that elects the president. The other 57% didn't know what the Electoral College is. Did you know that when you cast a ballot at the poll, you're actually casting a ballot for a slate of electors rather than an actual presidential candidate? There's a lot to know that the average American doesn't, so let's jump in. Let's start with a brief history. Just like a lot of traditions here in the United States, the creation of the presidential election can be traced back to the Constitution. Article 2, specifically, of the Constitution is what originally established

the method of presidential elections, and this included the Electoral College. The Electoral College was actually a compromise between the framers. So some framers wanted Congress to choose the president. Others wanted a national popular vote. Suffice to say, they settled on the Electoral College as we know it today. Article 2 mandates that each state is allocated a certain number of electors that make up the Electoral College. And that number of electors is equal to the Electoral College. And that number of electors

is equal to the number of delegates in both houses of Congress combined. That means that the total number of electors today is 538. And if you can believe it, it wasn't until 1961 with the ratification of the 23rd Amendment that Washington, D.C. was granted electors. And the number of electors given to Washington, D.C. is equal to the number of electors allocated to the least populous state. Nowadays, that number is three. Now, when it comes to how electors are chosen, that is up to the states. Specifically, Article 2, Section 1, Clause 2 gives each state the authority to appoint electors. Actually, it gives states the authority to make their own election rules. But here's a fun fact. During the first presidential election of 1789, only six of the eligible states chose electors by any form of a popular vote.

Obviously, popular vote is what we do today. The method of choosing electors, though, isn't the only aspect of the Electoral College that changed with time. Under the original system established by Article II, electors cast votes for two candidates for president. The candidate with the highest number of votes, so long as it was a majority of the votes, became president, and the second place candidate became vice president. But then they ran into a problem. During the election of 1800, Aaron Burr and Thomas Jefferson received the same number of electoral votes. This became known

as the Burr dilemma. The tie-breaking vote went to the House and ultimately Thomas Jefferson won the presidency. But in the aftermath of this dilemma, the 12th Amendment was passed. And the 12th Amendment did a few things, but one of those things was that it required electors to cast two distinct votes, one for the president, one for the vice president. At the time of ratification, this change actually meant something, but nowadays, not so much considering the vice president and the president are almost always part of the same party. They run on the same ticket, so it really doesn't make much of a difference. However, even still to this day, the two are legally elected separately. Another change that the 12th Amendment made was set new rules for when there's a tie for the presidency. As what happened in 1800, it mandated that if no candidate

has the majority, the House elects the president. Similarly, the Senate is legally obligated to break the tie when it comes to the vice president. The 12th Amendment, which really helped shape our election in a lot of ways, was ratified in 1804. But it wasn't until 41 years later, in 1845, that Congress established Election Day as the first Tuesday following the first Monday in November. Before 1845, believe it or not, states were allowed to hold elections anytime they wanted, so long as those elections took place within a 34-day window before the first Wednesday in December. However, when Congress did finally establish a nationwide election day, it felt Tuesday was the best day, and it took into

account various factors, namely harvest, warship, weather, and travel time. At the time, when voters were showing up to the polls by horse and buggy, Tuesday gave them ample time to get there. Sunday was spent worshiping, they could travel on Monday, and then vote on Tuesday. Not to mention, in November, the winter isn't too harsh yet, so horses were still able to travel just fine. So first Tuesday after the first Monday in November, it was. Roughly 25 years after election day was established, the 15th amendment extended the right to vote to men of all races, aka to African-American men. However, the 15th amendment didn't solve the problem that the framers were looking to solve. Still, African-Americans were denied the right to vote

by state constitutions and state laws, as well as poll taxes, literacy tests, and what was known as the Grandfather Clause. The Grandfather Clause said that only those men that had grandfathers that voted could vote. This was obviously an impossibility for African Americans, given that they didn't have grandfathers that could vote. It wasn't until the 24th Amendment, which wasn't ratified until 1964, that poll taxes were officially outlawed in federal elections. And then one year later, the Voting Rights Act of 1965 officially gave voting rights to all adult citizens of all races and genders, including women. And just for clarity, women were granted the right to vote in 1920 by

the 19th Amendment. But let's go back to 1877 when Congress passed the Electoral Count Act. The Electoral Count Act established the procedures for the counting of electoral votes. And this was a result of the disputed 1876 election in which several states submitted competing slates of electors. This may sound a little bit familiar, and that's because the most recent change we saw to the Electoral Count Act was actually just two years ago in 2022. Following the Trump-Biden election in 2020, Congress enacted the Electoral Count Reform Act. What that did was re-establish and clarify the procedures for counting electoral votes. But I digress. Let's go to 1901. 1901 was the next notable year because it marked the year the first state held a primary election, and that was Florida. Before primary elections, party nominees would be chosen at these large conventions, which

they still are, but back then, delegates didn't necessarily represent the electorate. The delegates that attended the conventions were sent by their respective states, but they were often chosen by state bosses and party bosses who had power over the delegates' loyalties. So in an attempt to reform the conventions and give the people more of a voice, states started holding primary elections. That way, the people were choosing the delegates that attended the conventions through voting rather than the party bosses and state bosses. Over the next several years, following 1901, more and more states started taking on primaries and it became the norm, eventually. Finally, if you can believe it, it wasn't until 1933, with the ratification of the 20th Amendment, that the president's term ended on January 20th. Previously, outgoing presidents remained in office until March 4th simply because of the amount of time it took to,

you know, count ballots, report the ballots, and then also the logistical issues that came with the incoming president having to move with the Capitol. Moving just wasn't as easy back then. And it wasn't until 1951, with the ratification of the 22nd Amendment, that the president was capped to two term limits. It's relatively recent. So with all of this history, let's talk about what our election process looks like today. The process, when we zoom out and look at the big picture of the presidential election cycle, the whole thing takes about two years. So it starts in the spring of the year before the election year when the candidates first announce their intentions to run or at least start to. This is also the time at which the candidates register with the Federal Election Commission, though there's actually no deadline for this. They can register at any time.

But spring of the year before the election is typically when it starts to happen. A few months later, in about August, is when the Republican and Democratic primary debates start. And these primary debates typically last from about August until January. Starting in January and going through June, the states and parties hold primaries and caucuses. And then typically between July and early September of the election year, the parties hold their conventions where each party selects their respective nominees. Following those conventions in September and October usually is when the two nominees debate.

And then of course, early November is when the election happens. In December is when electors cast their votes in the Electoral College. In January is when Congress counts the electoral votes. And on January 20th is when the president is officially inaugurated. Unless the 20th falls on a Sunday, that's the exception. Then the inauguration is the 21st. So that's the election cycle at a glance. But let's zoom in a little bit.

I first want to talk about who can even run for president. Article 2 only sets forth three requirements. You have to be a natural born citizen of the United States. You have to be at least 35 years old, though you can start running at 34 so long as you turn 35 by the time you're inaugurated. And you have to have been a resident of the United States for at least 14 years. Those have been the requirements since the adoption of the Constitution. So as long as you check those three boxes, you are eligible to run as president. It doesn't matter if you're a felon.

It doesn't matter if you're anything else. And what's funny is that, and we'll talk about this more in a minute, but some states can ban felons from voting, but yet that same felon could run for president. So interesting stuff, but all this to say, those are the only three requirements. When it comes to actual election rules, those are actually determined by the states. Each state is responsible for carrying out their own elections, state and federal. And to an extent, of course, it's true that Article 2 leaves election matters in the state's hands. But just to give you an example of when it's not in the state's hands, look at the recent Supreme Court decision in Trump versus Anderson. The court held there that it's not up to the state to disqualify a candidate from their ballot. States can disqualify state candidates, but they cannot disqualify federal candidates. However, most other things

are at the state's discretion. For example, as I just said, states have the ability to set specific requirements for voter eligibility and registration. States can ban felons from voting if they so wish, but they would not be able to make that a requirement for running for president. Similarly, states are in charge of setting their own rules for primaries, which brings me to my next point, the difference between primaries and caucuses. They're very similar, yet they also have differences. So let's talk about the differences. For one, primary elections are put on by the state. Caucuses are put on by the political parties. Some states have primaries, others have caucuses. Nevada is the only state that holds both. And just for the sake of

touching all the bases, the caucuses and primaries are how we the people choose presidential nominees. In other words, we go vote based on our votes, the number of delegates, it determines the number of delegates awarded to each nominee. And of course, that depends on who wins the party primary or the caucus in each state. So those delegates then go attend the party convention and ultimately select the party nominee. Each state, though, has its own rules regarding how delegates are chosen. The delegates typically consist of party members, leaders, or supporters of one of the candidates, but states have discretion there too. Getting back to some of the differences between primaries and caucuses, caucuses are a little more traditional than primaries in the sense that with caucuses,

it's a group of people that get together in each district or precinct and talk about the candidates. In some caucuses, attendees actually have the opportunity to stand up and give speeches to try to sway undecided voters. It's a much more conversational environment, more public, if you will. Then some caucuses will actually cast votes publicly. Others will do secret ballots. It just depends. With primaries, it's more of a modern day voting system where you vote with a secret ballot. You don't have these public meetings and conversations. You just go in and you vote. Depending on the state and party rules, primaries and caucuses can be open, closed, or a hybrid of both. With open primaries and caucuses, voters don't have to be registered with a political party to take part. However,

with closed primaries and caucuses, only voters that are registered with that party can participate. So only registered Democrats can participate in a Democratic primary or Democratic caucus. Independents, therefore, cannot vote in closed primaries and caucuses. And a Republican can't vote in a Democratic primary or caucus and vice versa. And then you have these semi-open or semi-closed, and those are just hybrids of the two. So once the primaries and caucuses are over, the delegates that have been awarded to each candidate head to the national convention in the summer for their respective party and select their party nominee. After the two candidates are selected, that's when the

candidates will announce their vice presidential running mates. And then usually in September and October, the presidential debates happen. This year, it looks a little bit different because both Trump and Biden felt that September and October were too late, given how many voters vote early. So their first debate is actually scheduled for next month in June. They do have a debate scheduled for September but they're starting earlier than normal. So these presidential debates typically wrap up in October. Voters go to the polls on the first Tuesday after the first Monday in November. This year falls on November 5th and cast a ballot. When we cast a ballot we

are indirectly voting for the president by voting for that candidate's slate of electors. So here's how it works. After you cast your ballot for one slate of electors, in this case, either Trump's slate of electors or Biden's slate of electors, your vote goes to this statewide tally. So in 48 states plus D.C., the winner of that state gets all electoral votes for that state. The two outliers are Maine and Nebraska, which assign electors using a proportional system. But once all of the votes are in, in January, the electors vote for the specific presidential and vice presidential candidate that they have pledged to vote for. So for instance, Florida has 30 electors,

California has 54, Nevada has 6, Michigan has 15, so on and so forth. But let's take those four states. If a candidate wins Florida, California, Nevada, and Michigan, not really sure in what instance a candidate would win both Florida and California nowadays, but just roll with it for purposes of the hypothetical. So a candidate wins those four states. That candidate gets 115 electoral votes from those four states. To win the election, a candidate needs the vote of at least 270 electors. That is the simple majority of the total 538 electors. Almost always, the popular vote carries the electoral vote. In fact, out of 59 elections we've had in the United States, only five didn't

match up. In those five elections, 1824, 1876, 1888, 2000, and 2016, the winner of the electoral vote lost the popular vote outright. In the rare situation where neither candidate has the majority of electoral votes, the vote goes to the House. As per the 12th Amendment, which we discussed earlier, there would be a contingent election in the House where each state would get one vote. The Senate would be responsible for choosing the VP if there was a tie, and each senator would only get one vote. So this has only happened three times in history. In 1800 and 1824, the House chose the president, and in 1836, the Senate chose the vice president. Another sort of fun fact that's related to this, if the House doesn't break a presidential election tie by Inauguration Day, the vice president-elect would act as the president.

If neither are chosen by Election Day, as per the 12th Amendment, Congress has the power to determine who acts as president in the meantime. One final note about the election before we get into fun facts. While we're all glued to the TV on election night, there's usually a projected winner by the end of the night, right? It's actually not until early January that the Electoral College submits their votes and, well, actually that the Ele electoral college's votes are counted and the winner of the presidency is officially determined. During this time, so between the general election and inauguration day, the projected winner is referred to as the president-elect. The exception is when a sitting president wins re-election, then he would, of course, retain the title of president. So it's just a little extra piece of information. But that takes us into fun facts. Whenever I do these special episodes,

I almost always include a fun fact segment just because I personally find fun facts to be the most entertaining. So let's do it. I have 14 for you. Number one, the 2020 election had the highest voter turnout since 1902, with roughly 66% of the voting age population participating. Historically, if you look at the data, elections before 1908 had a much higher turnout than we see today. Number two, George Washington was the only president ever elected unanimously. In fact, in the subsequent election in 1801, James Monroe received every electoral vote but one. A New Hampshire delegate wanted George Washington to stay the only president ever elected unanimously, so he purposely voted against Monroe to keep it that way. Number three, a woman named Victoria Woodhull was the first woman to run for president all the way back in 1872. She was a candidate of the Equal Rights

Party and ran against Horace Greeley and Ulysses S. Grant, who obviously Grant won the presidency that year. But it wasn't until Hillary Clinton in 2016 that a woman actually appeared on the ticket for one of the two major parties. Number four, Martin Van Buren was the first natural-born American to become president in 1837. Each of the seven previous presidents was born in Britain. And you might be wondering, what do you mean? I thought the Constitution requires presidents be natural-born citizens. It does. But the framers, they knew what they were doing. They included a caveat. What the Constitution actually says is that you have to be either a natural-born citizen or a citizen of the United States at the time of the adoption of the Constitution.

So even though the first seven presidents were not natural born, they created a little carve out because they knew that the first handful of presidents were not going to be born in the United States. So that carve out does exist in the Constitution. And the first seven presidents were not natural born. Number five, even though President Biden is named the 46th president, there have only been 45 presidents. And this is because Grover Cleveland is counted twice as our 22nd and 24th president because he served two non-consecutive terms. Number six, the longest serving president was Franklin D. Roosevelt. He was elected to office for four terms, and this was,

of course, before the ratification of the 22nd Amendment, which set the limit of two terms. Number seven, John F. Kennedy was both the youngest elected president at 43 years old and the first Catholic president. Number eight, the only president and vice president to never be elected to either of those offices was Gerald Ford. He became VP when Spiro Agnew resigned and became president when Nixon resigned. Number nine, James Buchanan is the only single man to ever be elected president. Everyone else has been married. Number 10, Ronald Reagan and Donald Trump, although both married when elected, are the

only presidents who had ever been divorced prior to their election. 11, eight presidents have died in office, four of which were assassinated. William Harrison died of pneumonia, Zachary Taylor died of gastroenteritis, Warren Harding died of a heart attack, Franklin D. Roosevelt died of a cerebral hemorrhage, and Abraham Lincoln, James Garfield, William McKinley, and John F. Kennedy were all assassinated. Number 12, President Bill Clinton was born William Jefferson Blythe, but took his stepdad's last name when his mother remarried. He formally changed his name to 391 voters. This was a much more acceptable thing to do back then than it is today. And finally, number 14, for roughly the first 100

years of voting in America, Election Day looked a lot different than it does today. Starting in 1789, drinking, eating, and parading were very common on election day. It was a much more public event. In fact, votes were cast publicly. It wasn't until the 1890s that the secret ballot became commonly used in America. I hope you enjoyed this episode and you're walking away with much more knowledge than you had going into it. This election is going to be interesting for sure, but if it's any consolation to those of you that may have negative feelings about it, controversial elections date back to the early 1800s. They're really nothing new.

This is just another one of those controversial elections. We are officially 173 days out from Election Day as of today. So stay informed. Keep tuning into Unbiased. That way, come Novembermber 5th you are confident about your vote have a great weekend and i will talk to you on monday