Changes in the System
In the early days electors were most often chosen by the state legislatures, but with the growth of democratic sentiment popular election became the rule. After 1832 (and until the Civil War) only in South Carolina did the legislature continue to choose electors. In some of the states at first the people voted for electors by congressional districts, with two being elected at large from the whole state, but with the growth of political parties this plan was largely discarded (only Maine and Nebraska currently use it) in favor of the general-ticket system (the one now prevailing), whereby a party needs only a plurality to carry the whole state. Thus in most states a voter casts a ballot for as many electors as the state is entitled to. There is nothing in the Constitution that requires either that the electors be chosen by popular vote or that the general-ticket system be employed. The Constitution also does not require that electors vote for the winner of the state's (or district's) popular vote, but states may mandate that electors do so.
Electors must be elected on the Tuesday following the first Monday in November, as required by a federal law dating from 1845. As a belated result of the disputed election of 1876 involving Samuel J. Tilden and Rutherford B. Hayes, the Electoral Count Act of 1887 placed the responsibility of deciding electoral disputes mainly on the states themselves. Congress now counts the votes (a mere formality) on Jan. 6.
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