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Americans are democratically empowered to elect their nation’s president, Senate representatives, House representatives, county and city representatives and others holding public office.

One of the more hotly debated elements of elections in the United States is the Electoral College. Established in the Constitution, the Electoral College determines who wins presidential elections. After the national popular vote takes place, a total of 538 electors (designated to each state according to population size) cast votes in a ceremony that takes place in December after every presidential election. A candidate needs 270 votes in the Electoral College to win the presidency.

Generally, the 538 electors vote for the candidate who won the popular vote in their respective state. A candidate can win the Electoral College (and thus the election) without winning the national popular vote. We’ve seen this many times in American history, most recently when President Donald Trump won the 2016 election.

Supporters of the Electoral College argue that the system protects smaller populations and groups, because it requires candidates to look out for the interests of citizens across the United States, rather than only those in the most populous cities and states. They say the Electoral College ensures presidents take into account the needs of a diverse group of Americans by campaigning nationally, not just in populous states and cities, such as California or New York. They also say it ensures states remain distinct political entities, balancing state and federal power.

Critics of the Electoral College argue the system does not capture the true will of the people, since a presidential candidate can be elected without winning the popular vote. They also argue that it gives too much power to specific “swing states.” Because candidates can generally be sure to win electoral votes in certain states (e.g. in recent years, Democratic candidates have won California predictably and by a large margin), they instead focus their attention on the small number of states that may swing either way, like Florida.

Redistricting is another hotly debated part of America’s electoral system. Redistricting, commonly known as gerrymandering, is the process of drawing electoral district lines, which greatly influence voting power. When one political party has control of the state legislative body, they sometimes use their power of redistricting for their benefit. For example, the empowered political party might try to draw lines that contain all of the opposing party into just a few districts, lessening their political power. This gives incumbents an overwhelming advantage in later elections.

Partisan gerrymandering has occurred throughout American political history, and the Supreme Court has decided a number of cases on the issue. In 1995, it affirmed racial gerrymandering as a constitutional violation, but in a landmark 2019 case, decided that partisan gerrymandering is a “non-justiciable” question that cannot be decided by the Court, and must be left to the states and Congress. Redistricting continues to be a popular political talking point, particularly surrounding presidential elections.