Politics & Government

Why does Texas have 40 electoral votes? How the state could decide next US president

An elector for President Joe Biden fills out their ballot in Harrisburg in December 2020.
An elector for President Joe Biden fills out their ballot in Harrisburg in December 2020. Commonwealth Media Services

Amid the presidential election coming up on Nov. 5, it’s important to know how the voting system works.

Starting off with the Electoral College. It’s not an actual place, it’s a process.

What is the Electoral College?

According to the National Archives, “The Electoral College process consists of the selection of the electors, the meeting of the electors where they vote for president and vice president, and the counting of the electoral votes by Congress.”

In layman’s terms, the Electoral College is responsible for choosing the elected president and vice president. USA.gov says that the Electoral College derives from the US Constitution as a compromise between popular votes by citizens and votes by Congress.

There are 538 electoral votes because there are 538 seats in Congress. Each state has the same number of electoral votes as the number of seats in Congress.

However, the Electoral College is not the same as Congress.

There are three parts to the voting process: general election voting by citizens, the mid-December Electoral College voting, and finally the Congressional counting of the votes on Jan 6.

How many Electoral College votes does Texas have?

Texas has 40 electoral college votes, which are represented by two Senate and 38 House members. States vary in their representation based on population. Texas is the second largest state behind California, with 54.

Electors are nominated by each presidential candidate’s political party within the state. According to Texas Penal Code, to qualify as an elector, you must check the following boxes:

  • Be a qualified voter in Texas.

  • Cannot participate in the office of United States senator, United States representative, or any other federal office of profit or trust.

  • Must be affiliated with the political party that they are an elector for.

It is important to note that electors still vote as citizens in the general election. They do not cast their Electoral College votes until December when all 538 electors gather to vote on the president and vice president (which should still reflect how each state voted).

The order of events goes as follows:

  • Each state’s political parties (Republican and Democrat here in Texas) nominate their slate of electors (40 positions available in Texas).

  • The party whose slate is chosen is dependent on the Nov. 5 election majority. If the majority of Texas votes Republican, then the Republican electoral college will be chosen.

  • The electoral college then casts its individual votes for president and vice president candidates, which should reflect the majority of Texas’ votes.

What is the Electoral College process?

After the Electoral College selection and general election voting, the Electoral College meets in its respective states to elect the president and vice president. This usually happens the first Monday after the second Wednesday of December.

“It is rare for electors to disregard the popular vote (citizen’s majority) by casting their electoral vote for someone other than their party’s candidate,” according to the National Archives, “Electors generally hold a leadership position in their party or were chosen to recognize years of loyal service to the party. Throughout our history as a nation, more than 99 percent of electors have voted as pledged”

Each elector casts their vote, which results in 40 votes from Texas. If an elector is absent, their vote will be counted as whatever majority is.

What happens after the Electoral College votes?

The 538 votes are then counted on Jan. 6 by members of the House and Senate. The president of the Senate, or vice-president, announces the winning candidates.

The winner then swears an oath and takes office officially on Jan. 20.

This story was originally published October 4, 2024 at 5:00 AM.

Ella Gonzales
Fort Worth Star-Telegram
Ella Gonzales is a service journalism reporter for the Fort Worth Star-Telegram. She is part of a team of local journalists who answer reader questions and write about life in North Texas. Ella mainly writes about local restaurants and where to find good deals around town.
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