10.3: The Rules of American Elections

American elections occur at regularly scheduled intervals, most commonly in even-numbered years. U.S. representatives serve two-year terms and must therefore win reelection every two years if they want to keep their jobs. Presidents and most governors serve four-year terms. Presidents can be reelected once, whereas some governors have unlimited opportunities for reelection. Senators serve six-year terms, which are staggered so that only about a third of them are up for reelection every two years.

In 1845, Congress established the first Tuesday after the first Monday of November as Election Day in the United States. An election held on this day is referred to as a general election. The winner of a general election in November is installed into whichever office he or she won the following January.

Usually there is only one candidate per party in a general election, but party membs frequently disagree on who it should be. They settle these disagreements through a primary election, commonly held in the summer before the general election. In a primary election, candidates compete for the nomination of their party in the general election, where they will compete against nominees from other parties (as well as any independent candidates). Depending on the state, primary elections may be closed (only party members are allowed to vote), semi-open (party members and independents are allowed to vote), or open (anyone is allowed to vote, including members of other parties).

Typically, the winner in an election is whoever receives a plurality of votes—that is, more votes than anyone else. A plurality need not be a majority. In an election involving three candidates, for instance, the winner might receive only 34% of the votes. To ensure that the winner earns majority support from the electorate, some states hold runoff elections between the top two finishers of the general election if the leading candidate receives less than a majority.

These rules apply to most American elections, but some states use their reserved powers to tweak the process. Alaska, California, and Washington hold two-stage elections: candidates from all parties (and any independents) compete in the first round, and the top two finishers (in Alaska, top four), regardless of party, advance to a runoff. New Hampshire and Vermont elect governors to two-year rather than four-year terms. Virginia bars its governors from serving consecutive terms. Nebraska’s state legislative elections are nonpartisan (although the legislators still identify as Democrats or Republicans). Alaska and Maine use ranked-choice voting: voters order candidates according to their preferences and the least popular candidate’s votes are redistributed based on voters’ second choices, a process which repeats until one candidate has a majority.

One reason electoral rules vary so widely among states is that there is no obviously best or most democratic way of counting votes. Plurality elections are simple to administer and understand but can produce winners with minority support. Runoffs between two candidates can ensure the winner has majority support (in the final round at least) but are more expensive, requiring extra campaigning, voting, and counting. Other systems for conducting elections have their own pros and cons.