Fiveable

๐Ÿฆ‚Texas Government Unit 8 Review

QR code for Texas Government practice questions

8.4 Electoral College in Texas

๐Ÿฆ‚Texas Government
Unit 8 Review

8.4 Electoral College in Texas

Written by the Fiveable Content Team โ€ข Last updated September 2025
Written by the Fiveable Content Team โ€ข Last updated September 2025
๐Ÿฆ‚Texas Government
Unit & Topic Study Guides

The Electoral College plays a crucial role in U.S. presidential elections, with Texas holding 38 electoral votes. This system, established by the Constitution, appoints electors equal to each state's total Congressional representation to vote for President and Vice President.

Texas selects electors through political parties, often at state conventions. While Texas doesn't require electors to vote for the popular vote winner, faithless electors are rare. The winner-take-all system means Texas's votes typically go to one candidate, impacting campaign strategies and voter representation.

Overview of electoral college

  • Established by Article II, Section 1 of the U.S. Constitution as a compromise between election of the President by a vote in Congress and election by a popular vote of qualified citizens
  • Each state appoints electors equal to their total number of representatives in Congress (House seats plus Senate seats) to vote for President and Vice President
  • Texas has 38 electoral votes in the 2024 presidential election cycle based on the 2020 census apportionment

Number of Texas electors

  • Texas currently has 38 electoral votes, the second highest number after California (54)
  • The number of electors for each state is equal to its total Congressional representation (House seats plus Senate seats)
  • Texas gained 2 additional electoral votes after the 2020 census due to population growth and the resulting reapportionment of House seats

Selection of Texas electors

  • Electors are selected by the political parties in each state, often at their state party conventions
  • Each candidate running for President in Texas has their own group of potential electors chosen by their political party

Elector eligibility requirements

  • Must be at least 18 years old and a U.S. citizen
  • Cannot be a federal elected official or employee
  • In Texas, cannot be a state elected official, state officer, or state employee
  • Electors must be registered voters in the district they represent

Elector nomination process

  • Potential electors are nominated by the state party conventions (Republican, Democratic, third parties)
  • Each party's nominees are submitted to the Texas Secretary of State
  • If a party's nominees for elector are not submitted, the party's state executive committee appoints electors

Elector appointment by political parties

  • After the general election, the electors of the party whose candidates for President and Vice President win the popular vote in Texas are appointed
  • The Texas Governor prepares a "Certificate of Ascertainment" listing the electors and the number of votes cast for each
  • Certificates are sent to the Archivist of the United States and other federal and state officials

Responsibilities of Texas electors

  • Texas electors gather at the State Capitol in Austin on the first Monday after the second Wednesday in December to cast their votes
  • Electors vote separately for President and Vice President, certifying all votes and certificates

Casting electoral votes

  • Each elector casts one vote for President and one vote for Vice President
  • At least one of the individuals voted for must not be an inhabitant of Texas
  • After voting, electors sign six "Certificates of Vote" that include the lists of electoral votes for President and Vice President

Faithless elector laws in Texas

  • Texas is one of several states that does not have a law requiring electors to vote for the candidate who won the state's popular vote
  • Electors can potentially vote for a different candidate than the one they pledged to support, known as being a "faithless elector"
  • There have been no faithless electors from Texas in modern history
  • In the electoral college system, the President is elected by electoral votes, not by the national popular vote
  • It is possible for a candidate to win the electoral college without winning the nationwide popular vote (2016, 2000)

Instances of electoral/popular vote split

  • 2016 election: Donald Trump won the electoral college (304 votes) while Hillary Clinton won the popular vote (48.2% vs 46.1%)
  • 2000 election: George W. Bush won the electoral college after a Florida recount (271 votes) while Al Gore won the popular vote (48.4% vs 47.9%)

Arguments for electoral college system

  • Encourages coalition-building and national campaigning rather than focusing on major population centers
  • Provides representation for smaller states that could be ignored if campaigns only focused on high-population areas
  • Maintains the federal character of the presidential election and prevents a couple of densely populated regions from dominating

Criticisms of electoral college system

  • Can result in a President who did not win the popular vote, seen as undemocratic
  • Leads to most states being ignored during presidential campaigns as "safe states" for one party
  • Gives disproportionate voting power to swing states and a small number of voters who could tip an election

Impact of electoral college on Texas

  • As a reliably Republican state in recent decades, Texas is not considered a battleground and receives little attention from presidential campaigns
  • 38 electoral votes are a large prize, but are seen as safely Republican

Representation of Texas voters

  • With a winner-take-all system, the candidate receiving the most votes in Texas receives all 38 electoral votes
  • This can make some Texas voters feel like their vote doesn't matter if they support the losing candidate
  • Alternate systems like proportional allocation or congressional district method could allow votes to be split

Influence on campaign strategies in Texas

  • Texas is largely ignored by Democratic and Republican presidential nominees as it is not a swing state
  • Most campaign stops and advertising spending focus on a small number of battleground states where statewide popular vote could go either way
  • Texas voters see relatively few presidential campaign ads or events compared to swing states like Florida or Ohio

Attempts to reform electoral college

  • There have been hundreds of proposals to modify or abolish the electoral college system
  • Most efforts to pass a constitutional amendment changing the system have been unsuccessful

Past reform efforts in Texas

  • In 1997, a bill was introduced in the Texas Legislature to adopt the proportional method for allocating Texas electoral votes
  • Would have awarded electoral votes to presidential tickets based on their proportion of the statewide popular vote in Texas
  • Bill did not pass, and Texas retained its winner-take-all system for electoral votes

Potential changes to electoral system

  • Nationwide popular vote compact: states agree to award all their electoral votes to the candidate who wins the national popular vote
  • Proportional allocation of electoral votes based on statewide popular vote percentage
  • Congressional district method: one electoral vote to the popular vote winner in each congressional district, two statewide electoral votes to state popular vote winner (used in Maine and Nebraska)
  • Abolishing electoral college entirely through a constitutional amendment and using a direct national popular vote