The electoral law of any nation has a major influence on the structure of its party system. Indeed, the majority vote system in America was a major contributory factor towards the development of its two-party system. The text on this page addresses the main characteristics of US electoral law. Another text in this section takes a look at the links between the political system, electoral law and the characteristics of the party system [...to the "links" text].

The United States of America has a majority vote system. To be elected, candidates must simply win a majority of votes in their electoral district.

(...) Contrary to widespread belief, the president and the vice-president of the United States of America are not elected directly. Instead the electorate select electors during presidential elections and these elect the president. Each state is entitled to a number of electors equal to the total number of senators and representatives it sends to the US Congress, therefore at least three electors. These electors are nominated by political parties and traditionally vote for the presidential candidate representing their party - even if they are not bound by law to do so. Once the electorate have cast their votes, the electors come together to vote; the winning presidential candidate is awarded all the votes allocated to that state. This system can create a situation in which the candidate with the most votes from the electorate fails to win a majority of votes from the electors; this happened three times in the 19th century. Should any one candidate fail to achieve an absolute majority of votes from the electors - this has also happened - the House of Representatives elects the president and the Senate the vice-president.

Most of the fifty American states have a legislative made up of two chambers and are governed directly by an elected governor. In addition to national, state and local politicians, a large number of other people are directly elected to public office at state, local and community level, especially judges and public prosecutors. Indeed, the election of judges is controversial, since those attempting to become more close to the needs of the electorate can find themselves perverting justice to meet popular promises.

Compared to Germany, voter turnout in the US is very low; at the last presidential election, turnout was 55 percent and just 50 percent four years earlier. A contributory factor here is the fact that voters must register in advance of an election, since the US does not have a department for organizing and keeping up-to-date an electoral list.

Candidates for differing offices are nominated, in principle, by the parties; nevertheless during the course of history - and differing from state to state - mostly open processes have developed. States have either a caucuses, in which party members and interested citizens nominate the candidates or - true for the majority of states - primary elections. In primary elections, people have to register for one party in advance (of interest here is the way in which a Democrat, for instance, can register as a Republican) before voting for the candidate of their choice as in a normal election.

[Taken from: Das Parlament 43, 37/1993]

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