Comparative Study of Electoral System in India and USA

LIST OF CASES

 Dr. N.B Khare versus Election Commissioner of India

LIST OF STATUTES

 Constitution of India, 1950

 Constitution of USA, 1787
 Representation of People Act, 1951
 The Help America Vote Act, 2002
 The National Voter Registration Act, 1993
 The presidential and vice President Presidential elections (Amendment) Act, 1997
 The Voting Rights Act, 1965


LIST OF ABBREVIATIONS

 EAC Election Assistance Commission

 EC Election Commission of India
 FEC Federal Election Commission
 LEO Local Election Office
 USA United States of America
 VVSG Voluntary Voting System Guidelines
Contents
ACKNOWLEDGEMENTS.......................................................................................................2

LIST OF CASES........................................................................................................................3

LIST OF STATUTES................................................................................................................3

LIST OF ABBREVIATIONS....................................................................................................3

CHAPTER-1 INTRODUCTION...............................................................................................5

LITERATURE SURVEY/REVIEW.........................................................................................7

OBJECTIVES............................................................................................................................7

STATEMENT OF PROBLEM..................................................................................................8

SCOPE AND LIMITATION.....................................................................................................8

HYPOTHESIS...........................................................................................................................8

RESEARCH METHODOLOGY...............................................................................................8

DATA COLLECTION...............................................................................................................8

SCHEME OF PRESENTATION...............................................................................................8

CHAPTER-2 ELECTORAL SYATEM IN INDIA...................................................................9

2.1 ELECTION COMMISSION............................................................................................9

2.2 PARLIAMENT................................................................................................................9

2.3 NATIONAL EXECUTIVE (PRESIDENT AND VICE-PRESIDENT)........................10

2.4 TYPES OF ELECTIONS...............................................................................................11

2.5 PRESIDENTIAL ELECTIONS.....................................................................................13

CHAPTER-3 ELECTORAL SYSTEM IN UNITED STATES OF AMERICA.....................17

3.1 GOVERNANCE OF AMERICAN ELECTIONS.........................................................18

3.1.1 THE FEDERAL LEVEL.........................................................................................19

3.1.2 THE STATE LEVEL...............................................................................................21

3.1.3 THE LOCAL LEVEL..............................................................................................21

 3.2 CONDUCTING ELECTIONS.......................................................................................22

3.3 PRESIDENTIAL ELECTION.......................................................................................22

3.3.1 PRESIDENTIAL ELECTION PROCESS..............................................................23

3.3.2 ELECTORAL COLLEGE.......................................................................................24

CHAPTER-4 COMPARATIVE ANALYSIS..........................................................................26

4.1 DIFFERENCE IN POLITICAL PARTIES....................................................................26

4.2 VOTING SYSTEMS......................................................................................................27

4.3 DIFFERENCE IN VOTER TURNOUT........................................................................27

4.4 ELECTION AUTHORITY............................................................................................28

4.5 DIFFERENCE IN FORMS OF GOVERNMENT.........................................................29

CHAPTER-5 CONCLUSION.................................................................................................31

BIBLIOGRAPHY....................................................................................................................32
CHAPTER-1 INTRODUCTION

Election,the formal process of selecting a person for public office or of accepting or rejecting
a political proposition by voting. It is important to distinguish between the form and the
substance of elections. In some cases, electoral forms are present but the substance of an
election is missing, as when voters do not have a free and genuine choice between at least
two alternatives. Most countries hold elections in at least the formal sense, but in many of
them the elections are not competitive (e.g., all but one party may be forbidden to contest) or
the electoral situation is in other respects highly compromised.

India is a country, divided in states and union territories, with a parliamentary system
governed under the Constitution of India, which defines the power distribution among the
federal government and the states. The President of India is the ceremonial head of the
country and supreme commander-in-chief for all defence forces in India. However, it is
the Prime Minister of India, who is the leader of the party or political alliance having a
majority in the national elections to the Lok Sabha, which exercises most executive powers
for matters that require countrywide affection under a federal system.

India is regionally divided into States (and Union Territories) and each State has a Chief
Minister who is the leader of the party or political alliance having won majority in the
regional elections otherwise known as State Assembly Elections that exercises executive
powers in that State. The respective State's Chief Minister has executive powers within the
State and works jointly with the Prime Minister of India or his ministers on matters that
require both State and Central attention. Some Union Territories also elect an Assembly and
have a territorial government and other (mainly smaller) Union Territories are governed by a
person appointed by the President of India. The President of India monitors the rule of law
through his appointed governors in each State and on their recommendation can take over the
executive powers from the Chief Minister of the State, temporarily when the elected
representatives of the State government has failed to create a peaceful environment and has
deteriorated into chaos. The President of India dissolves the existing State government if
necessary, and a new election is conducted.

Elections in the United States are held for government officials at the federal, state,

and local levels. At the federal level, the nation's head of state, the president, is elected
indirectly by the people of each state, through an Electoral College. Today, these electors
almost always vote with the popular vote of their state. All members of the federal
legislature, the Congress, are directly elected by the people of each state. There are many
elected offices at state level, each state having at least an elective governor and legislature.
There are also elected offices at the local level, in counties, cities, towns, townships,
boroughs, and villages; as well as for special districts and school districts which may
transcend county and municipal boundaries.

While the United States Constitution does set parameters for the election of federal officials,
state law, not federal, regulates most aspects of elections in the U.S., including primaries, the
eligibility of voters (beyond the basic constitutional definition), the running of each state's
electoral college, as well as the running of state and local elections. All elections—federal,
state, and local—are administered by the individual states.

The restriction and extension of voting rights to different groups has been a contested process
throughout United States history. The federal government has also been involved in attempts
to increase voter turnout, by measures such as the National Voter Registration Act of 1993.
The financing of elections has also long been controversial, because private sources make up
substantial amounts of campaign contributions, especially in federal elections. Voluntary
public funding for candidates willing to accept spending limits was introduced in 1974 for
presidential primaries and elections. The Federal Elections Commission, created in 1975 by
an amendment to the Federal Election Campaign Act, has the responsibility to disclose
campaign finance information, to enforce the provisions of the law such as the limits and
prohibitions on contributions, and to oversee the public funding of U.S. presidential elections.
LITERATURE SURVEY/REVIEW

For the completion of this project the following books and articles have been referred-

Dr. Thad E. Hall, Primer on the U. S Election System, International Foundation for
Electoral System, 2012

The Author in this article started discussion with the election of 2012 in the United States. He
mentioned in his article that on November 6, 2012 there was an election in all the 50 states
and the district of Columbia. Further he discussed the governance of American elections,
where he discussed the different levels of governance i.e the federal level, state level and the
local level. In this article manner of voting, hours of voting , ballot design, voter registration
and identification are discussed in detail. Author also shared a specimen of the official ballot
in his article. This article lacks in discussing the electoral system of any other jurisdiction.
The discussion is only limited to the process in the United States of America.  

Gayatri Sunkad, The Election System in India, Journal of Political Sciences and Public
Affairs, 2019

The Author in this article discussed the election system in India. She started discussion by
mentioning India as a Constitutional democracy which has a parliamentary system of
governance. In this article election system in India, constituencies and reservation of seats in
the constituency, election symbols, voting identity are discussed in detail. The author
confines her discussion for the election process in India and no other jurisdiction has been
taken into account for the discussion. 

Dr. J.N. Pandey, The Constitutional Law of India, Central Law Agency, 2013

This book deals with various Constitutional provisions in details. The book is divided into 41
Chapters. Chapter 20 deals with Union Executive, the President, Vice- President and Council
of Ministries. The book helps to understand the office of president in India and how the
process of presidential election in India takes place.

OBJECTIVES

1. To study the Election System in India.

2. To understand the Election System in USA.
3. To compare the Election System of both the jurisdictions.
STATEMENT OF PROBLEM

Unlike India which has an independent Election Commission, the absence of an Independent
Centralised body in USA makes the electoral system complex and raises several questions on
the legitimacy of elections.

SCOPE AND LIMITATION

This research project deals with the Electoral System in two jurisdictions – India and USA.

HYPOTHESIS

It appears that the Election system in India is more democratic and Election commission of
India is more powerful than two federal election bodies in USA.
RESEARCH METHODOLOGY

Research methodology used in this paper is Doctrinal Method.

DATA COLLECTION

The researcher has mainly relied upon secondary sources e.g. Books, Articles, Internet websites.

SCHEME OF PRESENTATION

The overview of the chapter is as follows-

Chapter 1 deals with Introduction.

Chapter 2 deals with Electoral System in India.

Chapter 3 deals with Electoral System in United States of America.

Chapter 4 deals with Comparative Analysis of Electoral System in India and USA.

Chapter 5 deals with Conclusion

CHAPTER-2 ELECTORAL SYATEM IN INDIA

India is a constitutional democracy with a parliamentary system of government, and at the

heart of the system is a commitment to hold regular, free and fair elections. These elections
determine the composition of the government, the membership of the two houses of
parliament, the state and union territory legislative assemblies, and the Presidency and vice-
presidency.

The democratic system in India is based on the principle of universal adult suffrage 1; that any
citizen over the age of 18 can vote in an election (before 1989 the age limit was 21). The right
to vote is irrespective of caste, creed, religion or gender. Those who are deemed unsound of
mind, and people convicted of certain criminal offences are not allowed to vote.

2.1 ELECTION COMMISSION

Election Commission is a federal body, enacted under the provisions of the Constitution 2,
responsible for monitoring and administering all the electoral processes of India. This body is
responsible for ensuring elections are free and fair, without any bias.

Election Commission ensures the conduct of members pre-elections, during elections and
post-elections are as per the statutory legislation.

All election related disputes are handled by the Election Commission. The Supreme Court of
India has held that where the enacted laws are silent or make insufficient provision to deal
with a given situation in the conduct of elections, the Election Commission has the residuary
powers under the Constitution to act in appropriate manner.

2.2 PARLIAMENT3

The Parliament of the Union consists of the President, the Lok Sabha (House of the People)
and the Rajya Sabha (Council of States). The President is the head of state, and he appoints
the Prime Minister, who runs the government, according to the political composition of the

1
Article 326 of Constitution of India, 1950- The elections to the House of the People and to the Legislative
Assembly of every State shall be on the basis of adult suffrage; that is to say, every person who is a citizen of
India and who is not less than 2 [eighteen years] of age on such date as may be fixed in that behalf by or under
any law made by the appropriate Legislature and is not otherwise disqualified under this Constitution or any law
made by the appropriate Legislature on the ground of non-residence, unsoundness of mind, crime or corrupt or
illegal practice, shall be entitled to be registered as a voter at any such election.
2
Article 324 of Constitution of India, 1950
3
ChapterII,Article 79-122, Constitution of India,1950
Lok Sabha. Although the government is headed by a Prime Minister, the Cabinet is the
central decision making body of the government. Members of more than one party can make
up a government, and although the governing parties may be a minority in the Lok Sabha,
they can only govern as long as they have the confidence of a majority of MPs, the members
of the Lok Sabha. As well as being the body, which determines whom, makes up the
government, the Lok Sabha is the main legislative body, along with the Rajya Sabha.

2.3 NATIONAL EXECUTIVE (PRESIDENT AND VICE-PRESIDENT) 4

The President is elected by the elected members of the Vidhan Sabhas, Lok Sabha, and Rajya
Sabha, and serves for a period of 5 years (although they can stand for re-election). A formula
is used to allocate votes so there is a balance between the population of each state and the
number of votes assembly members from a state can cast, and to give an equal balance
between State Assembly members and National Parliament members. If no candidate
receives a majority of votes there is a system by which losing candidates are eliminated from
the contest and votes for them transferred to other candidates, until one gain a majority. The
Vice President is elected by a direct vote of all members elected and nominated, of the Lok
Sabha and Rajya Sabha.

Constituencies & Reservation of Seats

The country has been divided into 543 Parliamentary Constituencies, each of which returns
one MP to the Lok Sabha, the lower house of the Parliament. The size and shape of the
parliamentary constituencies are determined by an independent Delimitation Commission,
which aims to create constituencies which have roughly the same population, subject to
geographical considerations and the boundaries of the states and administrative areas.

Delimitation is the redrawing of the boundaries of parliamentary or assembly constituencies

to make sure that there are, as near as practicable, the same number of people in each
constituency. In India boundaries are meant to be examined after the ten-yearly census to
reflect changes in population, for which Parliament by law establishes an independent
Delimitation Commission, made up of the Chief Election Commissioner and two judges or
ex-judges from the Supreme Court or High Court. However, under a constitutional
amendment of 1976, delimitation was suspended until after the census of 2001, ostensibly so

4
Chapter I,Article 52-78,Constitution of India,1950
that states’ family-planning programs would not affect their political representation in the
Lok Sabha and Vidhan Sabhas.

2.4 TYPES OF ELECTIONS

Elections in the Republic of India include elections for :

a) Members of the Parliament in Lok Sabha,

b) Members of State Legislative Assemblies, (and also Assembly elections to some of
the Union Territories like Delhi),
c) Members of the Parliament in Rajya Sabha,
d) Members of State Legislative Councils,
e) Members in village panchayats or city corporation councils.
f) By-election is held when a person of a particular constituent dies, resigns, or is
disqualified
g) Presidential election

2.4.1 SYSTEM OF ELECTION IN LOK SABHA

Elections to the Lok Sabha are carried out using a first-past-the-post electoral system. The
country is split up into separate geographical areas, known as constituencies, and the electors
can cast one vote each for a candidate (although most candidates stand as independents, most
successful candidates stand as members of political parties), the winner being the candidate
who gets the maximum votes. The majority party leader becomes the Prime Minister of the
country.

The Constitution of India allows for up to 552 members in the Lok Sabha 5, with up to 530
members representing the States. Up to 20 members represent the Union Territories. In
practice, 543 members of the Lok Sabha are elected every five years. Two members are
elected by the President of India to represent the Anglo-Indian community.

Elections for the Lok Sabha and every State Legislative Assembly have to take place every
five years, unless called earlier. The President can dissolve Lok Sabha and call a general
election before five years is up, if the government can no longer command the confidence of
the Lok Sabha, and if there is no alternative government available to take over.
5
Article 81 Constituion of India, 1950
2.4.2 SYSTEM OF ELECTION IN RAJYA SABHA

The members of the Rajya Sabha are elected indirectly, rather than by the citizens at large.
Rajya Sabha members are elected by each state Vidhan Sabha using the single transferable
vote system. Unlike most federal systems, the number of members returned by each state is
roughly in proportion to their population. At present there are 238 members 6 of the Rajya
Sabha elected by the Vidhan Sabhas, and there are also twelve members nominated by the
President as representatives of literature, science, art and social services 7. Rajya Sabha
members can serve for six years, and elections are staggered, with one third of the assembly
being elected every 2 years.

In simple language, the candidates are elected by the Legislative Assembly of States and
Union territories by means of Single transferable vote through Proportional representation. In
other words, we elect the MLAs and the MLAs elect the Rajya Sabha members (who are
nominated by their political party). Here, it’s worth noting only elected members participate
in electing RS members.

2.4.3 SYSTEM OF STATE ASSEMBLY

India is a federal country, and the Constitution gives the states and union territories
significant control over their own government. The Vidhan Sabhas (legislative assemblies)
are directly elected bodies set up to carrying out the administration of the government in the
28 States of India. In some states there is a bicameral organization of legislatures, with both
an upper and Lower House. Two of the seven Union Territories viz., the National Capital
Territory of Delhi and Pondicherry, have also legislative assemblies.

Elections to the Vidhan Sabhas are carried out in the same manner as for the Lok Sabha
election, with the states and union territories divided into single-member constituencies, and
the first-past-the-post electoral system used. The assemblies range in size, according to
population. The largest Vidhan Sabha is for Uttar Pradesh, with 403 members; the smallest
Pondicherry, with 30 members.

2.4.4 ELECTRORAL PROCEDURE

Candidates are required to file their nomination papers with the Electoral Commission. Then,
a list of candidates is published. No party is allowed to use government resources for
6
Article 80(1)(a) Constituion of India, 1950
7
Article 80(1)(b) Constituion of India, 1950
campaigning. No party is allowed to bribe the candidates before elections. The government
cannot start a project during the election period. Campaigning ends by 6:00 pm two days
before the polling day.

The polling is held between 7:00 am and 6:00 pm. The Collector of each district is in charge
of polling. Government employees are employed as poll officers at the polling stations.
Electronic Voting Machines (EVM) are being used instead of ballot boxes to prevent election
fraud. After the citizen votes his or her left index finger is marked with an indelible ink. This
practice was instituted in 1962.

2.5 PRESIDENTIAL ELECTIONS

Election of president.- The President of India is not directly elected by the people article 54
provides that the president shall be elected by an electoral college consisting of :

(a) the elected member of both houses of parliament and

(b) the elected members of the legislative assemblies of the states.

The constitution (70th amendment) act, 1992 has added a new explanation to article 54 which
provides that the word state includes the national capital territory of Delhi and the union
territory of pondicherry. This means that the MLA of the national territory Delhi and the
union territory will be included in the electoral college of the president.

The nominated members of the above of houses at the centre and the state do not have voting
rights in the election of the president. The election of the president shall be held in
accordance with the system of proportional representation by means of single transferable
vote [Art. 55 (3) ]. The system adopted for voting is secret ballot. The constitution provides
that as far as practicable there shall be uniformity in the scale of representation among the
state inter se as well as parity between the state as a whole and the Union at the election of
the president [ Art. 55 (I)]. for the purpose of securing such uniformity among the state and
parity between the Union and State the following formulas is adopted:

Every elected member of the legislative Assembly of a state shall have as many words as
there are multiples of 1000 in a quotient obtained by dividing the population of the state by
the total number of the elected members of assembly.
If by this division the remainder is 500 or more it will be counted as one and the vote of each
member is increased by one. does the number of votes which an MLA is entitled to cast in the
presidential election is based on the ratio of population of the state.

The number of votes which each elected member of parliament is entitled to cast shall be
obtained by dividing the total number of votes of the legislative assemblies of all the states
obtained under the above formula by the total number of elected members of both houses of
parliament. If by this division the remainder exceeds one half it will be counted as one. This
formula secures parity of votes between the members of parliament and of the legislative
assemblies of the states.

The illustration given below will make the above formula clear8. Does suppose the population
of Bombay is 2,08,49,840. The total number of elected members of the Bombay legislative
Assembly is 208 (one member representing one lakh population). now to open the number of
words which every member of legislative assembly is entitled to cast at the presidential
election is to divide 20849840 (population of Bombay) by 208 (total number of elected
members of the state) and then to divide the quotient by 1000, i.e.

20849840÷1000=100239=100(rejecting the remainder 239 being less than 500)

208 1000

Thus each member of Bombay legislative Assembly (MLA) well get hundred words and the
total votes cast by Bombay legislative Assembly would be 100 x 208 = 20,800.

Now suppose the total number of votes elect acted members of legislative assemblies of all
states in accordance with the above calculation is 74,940 and the total of elected members of
both the house of parliament is 750. The number of votes each member of parliament (MP) is
entitled to cast would be 74940/750= 99 22/25 (since the fraction 22/25 exceeds one half it
will be counted as one), and will be added to the total numbers that is 99 + 1 = 100.

Mode of voting:- under the constitution, the election of president must be held in accordance
with the system of proportional representation by means of single transferable vote full stop
the system adopted for voting is secret ballot. The voting system work in the following
manner:

8
Illustration is given by Drafting Committe. Draft Constitution of Indiap.17
Let us suppose that there are four candidates a, b, c, d and the total number of valid votes is
1500. A candidate must secure at least 7,501 first preference votes that is coma more than
half the valid words to be declared elected. In the count a, b, c, d, have polled as follows :

A—5250
B—4800
C—2700
D-- 2250 Total 15000

Here no candidate has secured a minimum of 7501 votes. In this case be having obtained the
least number of votes would be the first to be eliminated and the second preference was
recorded in his favour will be transferred to the remaining candidates A, B, and C. Suppose
that the second preference votes recorded in the votes of D as follows :--- A- 300, B-1050 and
C-900. These would be transferred and added to the first preference votes in favour of a, b, c
as follows:-

A-- 5250+300=5500

B-- 4800+1050=5850

C--2700+900=3600

Even in the second count no candidate Court secure minimum of 7501. Near sea having
obtained the least number of votes is eliminated and third preference votes recorded in his
favour win once again be transferred to a and b. Suppose the third preference votes on the
ballot paper recorded in favour of A and B are 1700 and 1900, respectively. The result of the
second transfer would be as follows:

A-- 5550+1700=7250

B--5850+1900=7750

In this illustration, be having obtained the maximum votes, that is, more than half of the valid
votes, will be a successful candidate do he had secured fewer first preference votes. This
process will be repeated again and again till a candidate secures more than half of the valid
vote

Until the relevant figures for the first census taken after the year 2026 have been published,
the reference to the last preceding census be construed as a reference to the 1971 census. The
expression population in this article means the population as a certain it at the previous
census, that is, 1971 census.

In Dr. N.B Khare versus Election Commissioner of India 9, the petitioner challenge the
holding of election on the ground that sincethe general election in certain parts of Punjab and
haryana had not taken place and the electoral college as envisaged buy articles 54 and 55 for
that purpose would be incomplete, bewafaa the election of president should be postponed
until the completion of electoral college by election in the state. the court held that the
election of the president could only be challenged after the completion of election that is after
the candidate is declared elected. Article 71 (4) which was added by the eleventh amendment
makes it clear that the election of the president or vice president cannot be challenged on the
ground that there exist any vacancy in a particular electoral college for whatever reason.
After the election was over, in Dr. N.B. Khare versus election commissioner of India, hi
again challenge the validity of the presidential election. the court held that since under section
14 of the presidential and the vice presidential election act, 1952 an election could only be
question by a candidate at such election by 20 or 10 or more electors, therefore Dr. Khare
who was neither a candidate nor an elector was not entitled to challenge the validity of
election of the president. To discourage light minded person from contesting presidential and
vice presidential election, parliament highest passed the presidential and vice President
Presidential elections (Amendment) Act, 1997, which now provides that name of the
presidential candidate must be proposed by at least 50 electors and 20 seconded by 50
electors and name of vice president candidate must be proposed by 20 electors and 20
seconded by 20 electors. A presidential and vice presidential candidate it is also required to
deposit a security deposit of 15000 rupees.

CHAPTER-3 ELECTORAL SYSTEM IN UNITED STATES OF AMERICA

One of the most important rights of American citizens is the franchise — the right to vote.
Originally under the Constitution, only white male citizens over the age of 21 were eligible to
9
AIR 1957 SC 694
vote. This shameful injustice has been corrected and voting rights have been extended several
times over the course of our history. Today, citizens over the age of 18 cannot be denied the
right to vote, regardless of race, religion, sex, disability, or sexual orientation. However, in
every state except North Dakota, citizens must register to vote, and laws regarding the
registration process vary by state. The path to full voting rights for all American citizens was
long and often challenging. The franchise was first extended to African Americans under the
Fourteenth and Fifteenth Amendments to the Constitution, passed during the Reconstruction
period after the Civil War. These guaranteed that all male citizens, regardless of their race,
would receive equal treatment under the law and not be deprived of their rights without due
process. The Fifteenth Amendment is specifically dedicated to protecting the right of all
citizens to vote, regardless of their race.

The United States will hold its federal elections. The decision to hold the election of
presidential electors on the first Tuesday after the first Monday in November was made in
1845 and has never been changed. 10 On this day, there will be elections in all 50 states and
the District of Columbia. In the states, federal elections will be held to elect:

 The President of the United States

 All 435 Members of the U.S. House of Representatives

 One-third, 33 members, of the U.S. Senate

In the United States, state and local governments typically hold their elections on the same
date as the federal election, combining federal, state and local races onto a single ballot. On
November 6, 11 states will hold elections for governor and other state-wide elected offices. In
the United States, it is common for citizens to elect individuals at the state level to serve in
positions such as Attorney General (the chief state lawyer). Voters in many states will also
vote for members of their state legislature – typically a state House member and a state
Senator.

Combining the elections for federal and state offices means voters will make many candidate
choices. For example, in the State of Utah, voters will cast ballots for:

10
Jeffrey M Stonecash, Congressional Intrusion to Specify State Voting Dates for National Offices, The Journal
of Federalism,p.137-151, 2008
  President and Vice President (voted on together, in one selection)
 U.S. Senate
 U.S. Congress
 Governor and Lieutenant (Lt.) Governor (voted on together, in one selection)
 Attorney General
 State Treasurer
 State Auditor
 State Senator
 State House of Representatives
 State School Board Members

3.1 GOVERNANCE OF AMERICAN ELECTIONS

The United States has a federalist character, where much of the nation’s governance occurs at
the state or local level of government. Elections are an excellent example of a public policy
that is implemented and governed through our federalist system. The U.S. does not have a
single federal election for president or for the U.S. Congress or a single election board or
office that governs election disputes.

Instead, the U.S. has 50 separate elections – one in each state – and the states, in turn,
delegate responsibility for running elections to the 10,499 local election jurisdictions across
the country.

So how are elections governed across the federal, state and local levels of government? Let’s
briefly consider the role that each level of government in the U.S. plays in election
administration.

3.1.1 THE FEDERAL LEVEL

At the federal level, there is no central electoral body that governs election administration.
Instead, the federal government plays a relatively minor role in most elections, with these
roles spread across several different agencies and actors.
U.S. HOUSE OF REPRESENTATIVES AND SENATE

Under the U.S. Constitution (Article I, Section 5), “Each House shall be the Judge of the
Elections, Returns and Qualifications of its own Members.” This means that, should a dispute
arise in a U.S. House or Senate race that cannot be remedied by state and local election
officials, the membership of the Senate or House will make the determination of who won the
election.

Federal Election Commission – Campaign Finance

The Federal Election Commission (FEC) administers and enforces laws pertaining to the
financing of federal elections. The FEC discloses campaign finance information, enforces law
related to limits and prohibitions on contributions, and oversees public funding of presidential
elections. The FEC has six members, three from each political party, and at least four votes
are required for any official action, which is intended to ensure the decisions of the
commission are nonpartisan.

Election Assistance Commission

The Election Assistance Commission (EAC) was created in 2002 as an independent,

bipartisan commission charged with:

 Developing guidance for state and local governments related to meeting the
requirements of the Help America Vote Act (HAVA) – explained below
 Adopting voluntary voting system guidelines
 Serving as a national clearinghouse of information on election administration

Voluntary voting system guidelines (VVSG) were developed in 2007 by the EAC and
covered issues related to the technical requirements that voting equipment must meet, the
documentation that must exist with a voting system and the testing requirements for voting
systems. These guidelines are voluntary – voting systems used in the states do not have to
meet these standards – but often states link their own voting system standards to the VVSG.

The EAC cannot issue binding regulations related to election administration and plays no
role in the counting of ballots or certification of elections.

Department of Justice
The Department of Justice Civil Rights Division enforces federal election law. 11This includes
enforcing the following four primary federal election laws:

The Voting Rights Act (VRA) of 1965 (and subsequent amendments) ensures that there is
not discrimination in voting based on factors such as race, ethnicity, or language minority
status. States and local election jurisdictions with a history of discrimination toward
minorities prior to 1965 are required have all new election laws approved by the Justice
Department. Similarly, jurisdictions with large language minority populations are required to
provide ballots and election materials in other languages to facilitate participation (e.g.,
providing Spanish ballots in Miami, Florida).

The National Voter Registration Act of 1993 facilitates voter registration. It requires all
states that do not have Election Day voter registration (where voters can register to vote at
their polling place on Election Day) to allow voters to register by-mail, when they apply for a
driver’s license and at state public assistance agencies. The law also governs how states and
localities can make changes to the voter registration file. Registrants cannot be purged from
the rolls without following certain procedures.

The Uniformed and Overseas Absentee Voting Act (UOCAVA) and subsequent
amendments, such as the Military and Overseas Voting Enfranchisement (MOVE) Act,
facilitate voting by people serving in the armed forces and citizens who live overseas. These
laws streamline the registration process and require ballots to be sent to UOCAVA voters 45
days prior to the election, so that they have the ability to vote and return the ballot before the
election. It also provides the ability of voters to cast a Federal write-in ballot if they do not
receive their ballot in time.

The Help America Vote Act of 2002 provided funding to states for upgrading their voting
systems and voter registration systems, including:

 Requiring states to have state-wide voter registration systems

 Establishing minimum voter identification standards for registering to vote
 Requiring voters with a registration problem the ability to cast a “provisional ballot”
that will be counted if the voter was in fact registered
 Requiring voters to be informed of their voting rights at the polls, via signage.

11
5 http://www.justice.gov/crt/about/vot/overview.php
3.1.2 THE STATE LEVEL

It is in the 50 states that elections are governed and election results are certified and finalized.
In most states, elections are run by a state official – typically the Secretary of State or Lt.
Governor – and this individual is also a partisan elected official. For example, Jon Husted is
the Secretary of State in Ohio and is a Republican and, Debra Bowen is the Secretary of State
of California and is a Democrat. They also provide guidance to local election jurisdictions in
the state regarding how elections are to be administered. Under the HAVA, the state election
official is in charge of managing the state’s voter registration database and for facilitating
voting by individuals covered by the UOCAVA statute.

3.1.3 THE LOCAL LEVEL

It is at the local level, in the local election office (LEO), where elections are actually
administered. The LEO is typically a part of a county or city and the county or city also is
responsible for paying for the cost of the election. The LEO is the place where polling
locations are selected, poll workers are hired and trained, ballots are created, voters vote, and
votes are counted. After the election, local officials are the ones who conduct a canvass – a
certification that all ballots were counted and that all vote counts are accurate. These results
are communicated to the state, where all election results receive final certification.

In the U.S., there are approximately 10,499 local jurisdictions. The typical election
jurisdiction has about 1,000 registered voters. However, in the 2008 election, almost two-
thirds of all voters who cast ballots in the presidential election lived in the 457 largest
election jurisdictions – that is only 4 percent of all election jurisdictions in the U.S. For
example, there are more registered voters in the Los Angeles County election jurisdiction
than there are in all but eight states.12

In the U.S., elections are typically either run by a person elected by the voters or by an
appointed individual or board. In smaller LEOs, the election official is typically elected and
in larger LEOs there is a relatively even split between elected and appointed officials. For
most election officials, running elections is just one of several programs and policies that they
implement.

12
David C. Kimball and Brady Baybeck, Size Matters in Election Administration, University of Missouri 2012
3.2 CONDUCTING ELECTIONS

The federal government provides a basic framework for elections in the United States.
However, the states provide the detailed legal framework that governs the implementation
and administration of elections. In this section, we itemize several key aspects of elections
governed by state laws.

Hours of Voting- State laws determine the hours that polls are open in the state. For
example, in Maryland and Washington, D.C., voters will vote from 7:00 a.m. to 8:00 p.m. but
in Virginia voters will vote from 6:00 a.m. to 7:00 p.m.

How Voters Can Vote- In general, voters in the U.S. can cast ballots in three ways:

 Election Day Voting: In all states but Oregon and Washington, voters can cast a ballot in-
person at a polling place on Election Day. Nationally, this is the most common way in which
voters cast ballots. Sixty-three percent of ballots cast in the 2008 presidential election were
cast in-person on Election Day.

 In-Person Early Voting: In 32 states, voters can cast ballots at a small number of polling
places in their electoral jurisdiction during the weeks prior to Election Day. This process is
intended to make it easier for voters who may have difficulty voting on Election Day. In
2008, 18 percent of ballots in the presidential election were cast early.

 By-Mail Early Voting: In all states, voters can cast a ballot by-mail. However, in 29 states,
voters do not have to provide an excuse – such as having a physical disability or by being out
of town on Election Day – in order to obtain a by-mail ballot. In seven states, it is possible for
a voter to sign up to be a permanent by-mail voter, meaning that the voter will automatically
receive a ballot in the mail prior to Election Day.

3.3 PRESIDENTIAL ELECTION

The United States has a presidential system of government, which means that the executive
and legislature are elected separately. Article One of the United States Constitution requires
that any election for the U.S. president must occur on a single day throughout the country;
elections for Congressional offices, however, can be held at different times. Congressional
and presidential elections take place simultaneously every four years, and the intervening
Congressional elections, which take place every two years, are called midterm elections.
The constitution states that members of the United States House of Representatives must be
at least 25 years old, a citizen of the United States for at least seven years, and be a (legal)
inhabitant of the state they represent. Senators must be at least 30 years old, a citizen of the
United States for at least nine years, and be a (legal) inhabitant of the state they represent.
The president and vice president must be at least 35 years old, a natural born citizen of the
United States and a resident in the United States for at least fourteen years 13. It is the
responsibility of state legislatures to regulate the qualifications for a candidate appearing on a
ballot paper, although in order to get onto the ballot, a candidate must often collect a legally
defined number of signatures.

3.3.1 PRESIDENTIAL ELECTION PROCESS

The US Presidential Election takes place every four years on the first Tuesday in November.
Candidate must be at least 35 years old, born in the United States and lived in the US for the
previous 14 years in order to be eligible. Traditionally, candidates make their intention to run
for President makes it public in the year before the election takes place. Since there is
no national authority which conducts the elections, local authorities organize the election
with the help of thousands of administrators. 

13
Article I section 2 of Constitution of USA, 1787
 14

The election process starts with the primaries and caucuses in January or February of the
election year. Primaries are organized by state and local authorities using a secret ballot to
cast votes for hopeful presidential candidates from each of the major parties. Caucuses are
private events organized by political parties themselves. Here, voters decide publicly which
candidate they prefer. Afterwards, organizers count the votes and calculate how many
delegates each candidate receives. 

The national convention of each party is held in the summer of an election year. A majority
of delegates’ votes is needed to receive the nomination of the party, which is often already
reached and known before the national conventions take place. If no majority is reached, the
national convention is where the presidential candidate will be selected. After the nominee
for each political party have been chosen, the presidential candidates go head-to-head
campaigning throughout the country. They go on rallies and take part in debates to win the
support of voters across the nation. Moreover, they explain their plans and views to society.

3.3.2 ELECTORAL COLLEGE

The President of the United States (“POTUS”) is elected by the institution called
the Electoral College. The Constitution only states that the candidate who receives a majority
of votes in the Electoral College becomes president. It says nothing about the popular vote.

14
https://th.usembassy.gov/summary-of-the-u-s-presidential-election-process/
The intent of the framers was to filter public opinion through a body composed of wiser,
more experienced people; the framers did not want the president to be chosen directly by the
people. Each state gets a certain number of electors, based on each state’s total number of
representation in Congress. Each of the 50 US states and the capital Washington DC (a
district which does not belong to any state) has a set number of electors which reflects their
size. California is the most populated (over 38 million people) and has 55 electoral votes –
more than any other. On the other hand, a state such as Montana, which is geographically
large but has a relatively small population (just over one million people) – only has three
electors. Aside from Maine and Nebraska, if a candidate gets the most votes within a state
they receive that state’s full quota of Electoral College votes. Each elector casts one electoral
vote following the general election.
CHAPTER-4 COMPARATIVE ANALYSIS

The Republic of India and the United States of America are just two examples of functioning
democracies around the world. This form of government has been in place in the United
States since 1789 but has been a relatively recent phenomenon in the Indian system of
governance. Democracy is an inclusive form of government, which lets people decide who
comes into power by voting for candidates in elections. This, in turn, decides what sort of
policies will see a large-scale implementation in the near future.

With populations as high as 32.57 crores (USA) as of 2017 and 132.42 crores in India, as per
2016 data, it would be quite a task to assimilate everyone’s opinion in the mandate and find a
middle ground. To ensure that the formation of the government is smooth and caters to the
will of the majority of the population, democratic countries periodically hold free and fair
elections.

While the principle underlying such elections is similar, there exists a large number of
differences between how elections are held in the US and in India. In fact, there are actually
very few commonalities between the organization of the government in the countries.
Elections in the USA are therefore not quite the same as elections in India.

4.1 DIFFERENCE IN POLITICAL PARTIES

The most important aspect of the difference between electoral process in India and USA
comes from the nature of their party systems. It is common knowledge that there are two
dominant parties in the USA political scene, viz. The Democratic Party and the Republican
Party. They have strong differences in ideologies, which is the main source of conflict and
debate during elections. Although the Libertarian Party, Green Party, and other smaller
parties exist, they are considered to be independent entities as they are outliers and cannot
quite compete with the two major ones.

India, however, has many parties that operate on the state level and only a few that
successfully operate on the national level. The two largest parties are the Indian National
Congress and the Bharatiya Janata Party. Once more, their ideologies differ to a huge extent,
presenting voters with an option during the elections

Regional parties, however, supply many deserving candidates. There are many states where
the regional party is king; two big national parties have had to form alliances with such
parties in order to retain the majority and the favor of the people. For example, states like
Tamil Nadu and West Bengal have regional parties with a strong presence, such as AIADMK
and Trinamool Congress respectively. Here, INC and BJP cannot claim to have any reach.
However, the regional parties seldom have a clear-cut ideology on their manifesto and have
dynamic policies which are based on the needs and responses of the people of their state.

4.2 VOTING SYSTEMS

The government of India allows voting via Electronic Voting Machines (EVMs) on the day
of polling. You can also get a proxy to vote for you if you are overseas and unable to vote.
The Election Commission of India has opened up to the possibility of e-ballots for overseas
electors, but this method is not too widely used as of now.

The voting system in the United States, however, is quite flexible in comparison, with
multiple methods being approved to let you cast your vote. For example, a voter can go up to
a polling booth and cast vote, have absentee voting through the mail, as well as early voting.
However, scanning and vote counting are pretty much the same in the USA and India.

4.3 DIFFERENCE IN VOTER TURNOUT

India’s voter turnout of 66.38% in the recently concluded elections bests the USA’s 61.4%.
In India's last election (2014), 551 million voters cast their ballot! It is important to note that
the voter pool in the USA mainly consists of people above the age of 65. They vote 25%
more than their younger generation does, i.e. the 18-24-year-old population.

In light of these numbers, we can definitely say that despite difference between US election
& Indian election, both countries have a lot to learn from each other to make their elections
more inclusive, successful, and transparent. The United States has a long way to go in
engaging its youth to participate in political matters. India, on the other hand, has to work
harder on the accessibility of voting.

Voting is an integral process in a democratic government, and without it, a nation's

government would be less likely to be truly representative of its citizens' choices. Citizens
must participate in their elections to see their country run the way they want it.
4.4 ELECTION AUTHORITY

India and USA both have autonomous election bodies which take up the responsibility for
hosting the elections. In the case of the US, it has two federal bodies called the Federal
Election Commission and US Election Assistance Commission (EAC), but both of them
together do not add up to anything as powerful or effective as the EC in India. In fact, they
have no control over the election administration. The FEC consists of six members, three
each appointed by the two political parties. A decision requires four votes to make it non-
partisan. Its role is confined to federal campaign finance regulations. The EAC, also a
bipartisan organisation, was created only in 2002 to provide funding to states for upgrading
their registration and voting systems besides establishing minimum voter identification
standards. Its decisions are, however, not binding.

The complexity of the election process and the multiplicity of authorities is a perfect breeding
ground for confusion. It’s no surprise that a situation like the infamous Florida fiasco of the
year 2000 happened when the results were first challenged in the Supreme Court but not
pursued to the hilt by the gentlemanly Al Gore who lost to Bush by just a few hundred votes.
Many Americans called Bush the “unelected president”. Earlier, too, in 1960, Kennedy
defeated Nixon by a very narrow margin (49.7 to 49.5 per cent). Many questions were raised
about the legality of Kennedy’s win but Nixon chose not to contest the results despite many
Republicans, including President Eisenhower, urging him to.

This, however, is perhaps the first time that a candidate — Donald Trump — has cast
aspersions on the legitimacy of the election even before the first vote has been cast. Just
cancel the election and name me the victor, he suggests. He has also indicated that he may
not accept the results if he loses. His supporters have warned of a “revolution” in case
Clinton wins.

It’s noteworthy that the validity of results declared by the Election Commission of India has
never been doubted — even candidates losing by just one vote have never questioned the
results, though election petitions have been filed on grounds of corrupt practices of the
opponent. We have at least three cases of one-vote victory and one even of a tie, decided by
the draw of lots. But the legitimacy of the election was never doubted. That’s the reason why
the transition of power has always been seamless.
What has worked well for India is a fully empowered but fiercely independent and neutral
election commission. The biggest reason of the success of Indian system is extreme
simplicity. All things considered, Indian elections are regarded as a model for a large part of
the world. It is always good to be reminded of Hillary Clinton describing the Indian election
system as the “gold standard”.

4.5 DIFFERENCE IN FORMS OF GOVERNMENT

In India, we follow parliamentary form of government and in USA, the presidential form of
government is followed. The points of differences are given below:

Basis Parliamentary Form of Presidential Form of

Government Government

Meaning  It is a system of government

It is a form of government
in which the three organs of
where the legislature and
the government – the
executive are closely related
executive, judiciary,
to each other. It is a system
legislature work separately.
in which the citizens elect
In it, the President is the
representatives to the
chief executive and is elected
legislative Parliament.
directly by the citizens.

There is dual executive as There is a single executive as

leader of the state and leader the leader of the state and the
Executive
of the government are leader of the government is
different. the same.

Ministers The ministers belong to the The ministers can be chosen

ruling party  and are
Members of Parliament. No
outsider is allowed to
become a minister.
Accountability The Executive is
accountable  to the
Legislature.  Legislature.
Dissolution of lower house The Prime Minister can
dissolve the lower house.
Tenure The tenure of the Prime
from outside the legislature,
and are usually industry
experts.
The Executive is not
accountable to the
The President cannot
dissolve the lower house.
The tenure of the President is
 Minister depends upon the
majority support in the
Parliament, and is thus, not
fixed.
Separation of Powers The principle of Separation
of powers is not followed
strictly. There is
concentration and fusion of
powers between the
Legislative and the
Executive.
Party Discipline Party discipline is stronger
and the system leans towards
unified action, block voting
and distinct party platforms.
Autocracy This type of government is
less autocratic as immense
power is not given to only
one person.
fixed.
The principle of Separation
of powers is strictly
followed. Powers are divided
and the Legislature, the
Executive and the Judiciary
work separately. 
Party discipline is
comparatively less and
failure to vote with one’s
party does not threaten the
government.
This type of government is
more autocratic as immense
power is concentrated in the
hands of the President.
CHAPTER-5 CONCLUSION

The Election System in India, is the statutory commission established, under the constitution,
is making improvements, from time to time, to and is also famous for its efficient
administration. The Election commission is having One chief election commissioner, two
other election commissioners, who are appointed by president of India, is having the
responsibility of conducting elections in the central level.

The key difference of research is that in United States and other countries is the level to
which American elections are governed in a decentralized manner. In the U.S., there is no
central election body. No single federal government agency is in charge of reporting the
results of federal elections, adjudicating federal election disputes or setting the rules for
federal elections. Instead, American elections are run by states – within a basic framework of
antidiscrimination laws set by federal law – and almost all states, in turn, delegate the actual
conduct of elections to local election officials. The autonomous bodies are the Federal
Election Commission and US Election Assistance Commission (EAC) . However, these
entities don’t have the liberty to exert control as their role is mostly confined to setting up
campaign finance regulations.

On the other hand, the Election Commission of India (ECI) has a larger power to yield,
wherein it deals with setting up elections, counting votes, setting up financial regulations,
enlisting the service of police of domestic military forces to keep the voting process as
incident-free as possible. Making the Election Commission of India more powerful than
Federal Election Commission and US Election Assistance Commission (EAC).
BIBLIOGRAPHY

BOOK

 Dr. J.N. Pandey, The Constitutional Law of India, Central Law Agency, 2013

ARTICLES

 David C. Kimball and Brady Baybeck, Size Matters in Election Administration,

University of Missouri, 2012
 Dr. Thad E. Hall, Primer on the U. S Election System, International Foundation for
Electoral System, 2012.
 Gayatri Sunkad, The Election System in India, Journal of Political Sciences and
Public Affairs, 2019.
 Jeffrey M Stonecash, Congressional Intrusion to Specify State Voting Dates for
National Offices, The Journal of Federalism, 2008.

WEBSITES

 https://indianexpress.com/article/opinion/columns/us-presidential-elections-hillary-
clinton-donald-trump-india-election-system-4030161/
 https://www.bankbazaar.com/voter-id-difference-between-elections-held-india-and-
us.html
 https://constitutioncenter.org/interactive-constitution/interpretation/article-
i/clauses/750
 https://photos.state.gov/libraries/amgov/30145/publications-
english/USA_Elections_InBrief.pdf
 https://th.usembassy.gov/summary-of-the-u-s-presidential-ele
 http://www.justice.gov/crt/about/vot/overview.php