How can the candidate with most votes lose? The US electoral college explained

Article II of the US constitution lays out the process by which a president is elected.

When the founding fathers gathered in Philadelphia to draft the US constitution in 1787, they had a lot of trouble figuring out a system for choosing a chief executive. Initially, they proposed a plan that would have Congress choose the president. But that led to concerns that the executive branch, designed to be independent from Congress, would be subject to it.

A contingent of the delegates also favored electing the president through a direct popular vote. But the idea never got broad support and was shut down repeatedly during the convention, the historian Alexander Keyssar wrote in his book Why do we still have the electoral college.

There were a number of reasons the idea was not widely popular. First, the convention had adopted the racist three-fifths compromise in which slaves were counted as three-fifths of a person for population purposes. This was a win for the southern states, in which slaves made up a sizable chunk of the population. A popular vote system would have disadvantaged the southern states because they had fewer people who could vote.

There were also concerns about giving too much power to larger states and that voters would be unable to learn about the candidates from different states, according to Keyssar. It was a debate driven more about pragmatics than about political rights, he writes.

Towards the end of the convention, a committee of 11 delegates was appointed to deal with unresolved matters and one of them was how to select the president. They proposed a version of what we have now come to understand as the electoral college.

In the 2024 election, there are seven swing states: Pennsylvania (19 electoral votes), Wisconsin (10 electoral votes), Michigan (15 electoral votes), Georgia (16 electoral votes), North Carolina (16 electoral votes), Arizona (11 electoral votes), and Nevada (six electoral votes). Whichever candidate wins the election must carry some combination of those states, which is why the candidates will spend the majority of their time and resources there. Joe Biden carried all of those states bar North Carolina in the 2020 election.

The idea of a swing state can also change over time because of changing demographics. Until recently, for example, Ohio and Florida were considered swing states, but they are now considered pretty solidly Republican. Michigan was considered a pretty solid Democratic stronghold until Donald Trump won it in 2016.

Another critique is that the system allows a tiny number of Americans to determine the outcome of the presidential election. In 2020, about 44,000 votes between Wisconsin, Georgia and Arizona allowed Biden to win the electoral college. Such a slim margin is extraordinary in an election that 154.6 million people voted in.

In 2016, about 80,000 combined votes gave Trump his winning margins in key swing states.

After the civil war, African Americans were legally entitled to vote, but southern states continued to suppress them from casting ballots. A national popular vote would have diminished their influence on the overall outcome, so they continued to support the electoral college system.

The country did get close to abolishing the electoral college once, in the late 1960s. In 1968, George Wallace, the southern segregationist governor, almost threw the system into chaos by nearly getting enough votes to deny any candidate a majority in the electoral college. The US House passed the proposed amendment 339 to 70. But the measure stalled in the Senate, where senators representing southern states filibustered.

That led to continued objections to a national popular vote so that southern white people could continue to wield power, according to the Washington Post. President Jimmy Carter eventually endorsed the proposal, but it failed to get enough votes in the Senate in 1979 (Joe Biden was one of the senators who voted against it).