The United States Presidential election is a complex process, culminating in the Electoral College vote. While the winner of the electoral vote typically becomes the President, there have been instances throughout history where individuals have won the electoral vote but, for various reasons, did not serve as president. This raises intriguing questions about the intricacies of presidential succession and the rare, yet constitutionally addressed, scenarios that can prevent an electoral victor from taking office.
One prominent historical example of someone who won electoral votes but did not become president is Horace Greeley in the 1872 election. Greeley, the Democratic and Liberal Republican nominee, ran against incumbent Ulysses S. Grant. While Grant ultimately won the election decisively, Greeley tragically passed away on November 29, 1872, after the popular vote on November 5th but before the Electoral College convened on December 4th.
This unprecedented situation threw the electoral process into uncharted territory. Although Greeley had lost the popular vote by a significant margin, he still garnered electoral votes pledged to him before his death. When the Electoral College met, the electors who were pledged to Greeley had to decide what to do. Since there was no established federal procedure at the time for such an event, these electors acted independently.
Most of Greeley’s pledged electors chose to vote for other candidates. Specifically:
- 63 electors voted for Thomas A. Hendricks for President.
- 18 electors voted for Benjamin Gratz Brown for President (who was Greeley’s running mate).
- 3 electors voted for Charles J. Jenkins for President.
- 2 electors voted for David Davis for President.
Importantly, the 18 electoral votes that would have gone to Greeley from Georgia, Missouri, Tennessee, and Texas were not counted at all. The House of Representatives ultimately passed a resolution that votes cast for Greeley should not be counted, solidifying the precedent that a deceased candidate could not receive electoral votes. This case vividly illustrates a scenario where electoral votes were won by a candidate who, due to death before the electoral college vote, could not and did not serve as president.
Beyond the unique case of Horace Greeley, the U.S. Constitution and subsequent amendments outline other circumstances where someone might win the electoral vote, or be in line to become president-elect, but not ultimately serve. The 20th Amendment to the Constitution addresses some of these possibilities, particularly Section 3.
Section 3 of the 20th Amendment states:
“If, at the time fixed for the beginning of the term of the President, the President elect shall have died, the Vice President elect shall become President. If a President shall not have been chosen before the time fixed for the beginning of his term, or if the President elect shall have failed to qualify, then the Vice President elect shall act as President until a President shall have qualified; and the Congress may by law provide for the case wherein neither a President elect nor a Vice President elect shall have qualified, declaring who shall then act as President, or the manner in which one who is to act shall be selected, and such person shall act accordingly until a President or Vice President shall have qualified.”
This section clearly lays out a succession plan in several key scenarios:
- Death of the President-elect before Inauguration: If the president-elect dies between the electoral vote and Inauguration Day, the Vice President-elect becomes President. This prevents a vacancy in the presidency and ensures a smooth transition of power.
- Failure of the President-elect to Qualify: If the president-elect fails to meet the constitutional qualifications for office (like age, citizenship, etc.) or is otherwise unable to take the oath of office by Inauguration Day, the Vice President-elect will act as President until the President-elect qualifies.
- Failure to Choose a President: If no presidential candidate achieves a majority of electoral votes (at least 270), the election is decided by the House of Representatives. If the House fails to elect a President by Inauguration Day, the Vice President-elect serves as acting President until a President is chosen.
Furthermore, the Presidential Succession Act (currently codified in 3 U.S.C. §19) establishes a line of succession beyond the Vice President-elect, should both the President-elect and Vice President-elect fail to qualify by Inauguration Day. This act outlines a clear order, starting with the Speaker of the House, then the President Pro Tempore of the Senate, and then cabinet secretaries in a specified order. This provides a comprehensive safety net to ensure continuity of the executive branch even in highly unusual circumstances.
It’s also crucial to remember the distinction between winning the popular vote and winning the electoral vote. As highlighted in the original FAQ, the U.S. Presidential election is determined by the Electoral College, not the national popular vote. There have been instances where a candidate won the popular vote but lost the electoral vote and thus did not become president. Examples include:
- 1876 Election (Hayes vs. Tilden): Samuel Tilden won the popular vote, but Rutherford B. Hayes won the contested electoral vote after a controversial election and compromise.
- 1888 Election (Harrison vs. Cleveland): Grover Cleveland won the popular vote, but Benjamin Harrison won the electoral vote and the presidency.
- 2000 Election (Bush vs. Gore): Al Gore won the popular vote, but George W. Bush won the electoral vote after a Supreme Court decision regarding Florida’s vote count.
- 2016 Election (Trump vs. Clinton): Hillary Clinton won the popular vote, but Donald Trump won the electoral vote and the presidency.
While these examples are not cases of winning the electoral vote and not serving, they underscore the importance of the Electoral College and the fact that winning the most individual votes nationwide does not guarantee the presidency. It is the electoral vote count that ultimately determines who will serve as president.
In conclusion, while exceedingly rare, scenarios exist where an individual could technically win the electoral vote tally, or be positioned as president-elect, and yet not serve as president. The death of Horace Greeley serves as a stark historical example. Constitutional provisions like the 20th Amendment and the Presidential Succession Act are in place to address contingencies such as the death or incapacitation of the president-elect, or the failure to qualify for office. Understanding these nuances is crucial to grasping the full complexity of the U.S. presidential election system and the safeguards built in to ensure a stable transfer of power, even in unforeseen circumstances.
