40 Keys to Democracy in the United States

Jesús Del Toro’s “40 Keys to Democracy in the United States” is a special editorial series created to inform and educate Latino communities about the U.S. democratic system and to guide and empower them in exercising their political rights.

1. Democracy
2. The Constitution and the Bill of Rights
3. The States and the Federation
4. Government Structure: Federal, State, Local
5. The Three Branches, Checks and Balances
6. Executive – Presidency
7. Executive – Vice Presidency
8. Legislative – House of Representatives and Senate
9. Judicial – Supreme Court and other Courts
10. Voting
11. Local, State, and Federal Electoral Authorities
12. Voter Rights
13. The Electoral College
14. Popular Vote, Electoral Votes by State, and Mechanism to Win the Presidency
15. The Political Parties
16. The Candidates
17. Independent Candidates
18. Private and Public Election Financing
19. PACs and Super PACs
20. Election Propaganda and Disinformation
21. Primary Elections
22. The Conventions
23. What Is Being Elected in 2024?
24. Blue, Red, and Purple or Swing States
25. Presidential Debates, Who Organizes and Broadcasts Them
26. Election Polls
27. November General Elections
28. Voting Methods
29. Polling Places
30. Polling Place Officials
31. Civic Organizations Promoting Voting
32. Local and International Observers
33. Counting and Who Counts the Votes
34. Election Night
35. Declaration of Winner, the Role of Media, and Official Results
36. Electoral Crimes
37. Litigation Cases: 2000, 2020
38. State and Federal Election Certification
39. Presidential Inauguration
40. Oath at the Presidential Inauguration

1. DEMOCRACY 

Democracy is a political system in which sovereignty resides in the people, who exercise power, define laws, establish government structures, and elect their leaders through popular vote, with the values of freedom, equality before the law, and citizen participation as pillars of society and its institutions. In a democracy, power emanates from the exercise of popular vote, and while it establishes that majorities make decisions about government and national issues, it also includes protections for the rights of minorities.

In a direct democracy, citizens vote to decide on laws, public policies, and decisions that affect them. This model was used in ancient Athens, Greece, and is currently applied in some jurisdictions in Switzerland and in cases of referendums and popular consultations.

In a representative democracy, a model widely applied in the United States and many other countries, citizens participate in elections and choose representatives who make up the government, define laws, and make decisions following the popular mandate. For example, in federal elections in the United States, citizens elect the president, vice president, and members of Congress.

Voting is the quintessential democratic act, through which citizens grant their representatives the legitimacy to govern. The popular will expressed in elections obligates politicians to assume their positions if they win the election and to step aside if they lose, allowing for the peaceful transition of government.

Democracy and the peaceful transition of freely elected governments are the pillars that have enabled political stability, freedom, and the upholding of fundamental rights in the United States.

2. THE CONSTITUTION AND THE BILL OF RIGHTS

In the United States, as in other countries, the Constitution is the supreme law of the land, and its provisions form the foundation upon which the nation’s political system and democratic institutions are established. The U.S. Constitution sets up a federal government with a division of powers into three branches: executive, legislative, and judicial. The first 10 amendments to the Constitution make up the Bill of Rights, which expresses and guarantees fundamental rights, including freedoms of speech, press, religion, and the right to due process, among others.

The U.S. Constitution was drafted in 1787, ratified in 1788, and went into effect on March 4, 1789. It has been amended 27 times. The Bill of Rights was added a few years later, in 1791. These amendments are crucial for guaranteeing rights and defining the responsibilities and powers of the government. For example, the First Amendment guarantees freedom of speech, the right to peaceful assembly, freedom of the press, the right to petition, and religious freedom, stating that the government cannot establish or prohibit any religion.

All amendments are integral parts of the Constitution, although the 18th Amendment, which prohibited the production and sale of alcoholic beverages, was repealed by the 21st Amendment.

The U.S. Constitution is the oldest written constitution still in effect in the world. It has served as a model for the formulation of other constitutions internationally and, through its amendments, has incorporated and recognized rights and protections that were not included in the original document.

3. THE STATES AND THE FEDERATION

The United States is composed of 50 states (in addition to the District of Columbia), each with autonomy over local matters and the ability to legislate on various issues. However, they must comply with the federal Constitution, which reserves several key areas to federal jurisdiction. Matters such as national defense, foreign relations, and immigration, among others, are the exclusive responsibilities of the federal government. On the other hand, states have jurisdiction over areas, to name a few, like public safety, education, and health.

State governments are led by a governor, and each state has its own legislatures and local courts with the authority to legislate and judge matters not reserved for the federal level. For example, states have the authority to make decisions on health issues, with some choosing to expand Medicaid coverage within their territories while others have not. And a consequence of the Supreme Court decision regarding abortion (Dobbs v. Jackson Women’s Health Organization) is that determinations about the legality and limits of abortion are within the states’ jurisdiction.

In addition to the states and the District of Columbia, there are other jurisdictions. Territories are administered by the federal government and have autonomy over internal matters, with non-voting representatives in Congress. Their residents are U.S. citizens, but those living in the territories do not have the right to vote in federal elections. There are five main territories: Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, and the Northern Mariana Islands.

Native American reservations are also lands with autonomous governments supervised by the federal government.

4. GOVERNMENT STRUCTURE: FEDERAL, STATE, LOCAL

The three levels of government –federal, state, and local– form the foundational structure of the U.S. political system, and each has authority and jurisdiction over specific issues and territories. In national and international matters, it is the federal government that holds competence, and it also has the power to regulate matters such as interstate commerce and disputes between states. Meanwhile, state and local governments can make decisions on regional matters and at the level of counties and cities, such as urban management and traffic regulations. This division allows the government, at its different levels, to maintain autonomy and balance in order to serve its citizens both locally and nationally, without concentrating power in just one entity.

Governments at all three levels are elected by popular vote, specifically the executive (president, governors, mayors, among others) and the legislative branches at federal and state levels. The judiciary also includes courts (with judges elected in several states) that address legal issues at the federal or local level.

The U.S. territories and the 326 Native American reservations in the United States have elected governments with local autonomy under federal regulation, and their authorities have jurisdiction over local matters.

5. THE THREE BRANCHES, CHECKS AND BALANCES

The U.S. Constitution establishes that the government is divided into three branches: executive, legislative, and judicial, each with specific powers and responsibilities that allow them to limit the others, promoting a balance known as the system of checks and balances.

The executive branch is headed by the President of the United States, the legislative by the House of Representatives and the Senate, and the judicial by courts and tribunals of various levels, presided over by the Supreme Court.

For example, the executive has the power to veto laws passed by the legislative branch, but Congress has the ability, if it gathers a two-thirds majority of legislators, to override that veto. Federal courts have the authority to conduct judicial review of laws passed by the legislature and can overturn those found to be unconstitutional. They can also suspend executive actions that are deemed contrary to the Constitution. The Supreme Court has the final say in these disputes.

Since federal and Supreme Court judges are nominated by the president and confirmed by the Senate, there is also a form of balance in this regard.

The impeachment process allows Congress to remove executive or judicial officials from office in cases of exceptionally serious crimes.

Legislative chambers have the authority to expel legislators who have committed acts or behaviors incompatible with their positions, usually requiring a two-thirds majority vote.

Just as at the federal level, the state level also has executive, legislative, and judicial branches with powers and limitations to maintain balance among them.

6. EXECUTIVE – PRESIDENCY

The Executive Branch is responsible for leading the federal public administration, and it is headed by the President of the United States. The Executive’s duties include enforcing laws, implementing federal public policies, and directing the country’s foreign policy, among other responsibilities. The President is also the Commander-in-Chief of the U.S. armed forces and holds veto power over laws passed by the federal Legislative Branch.

The President is elected for a four-year term, with the possibility of re-election for an additional four years. It is the President’s authority to appoint members of the Cabinet, diplomatic representatives, and other federal officials, all of whom must be confirmed by the Senate. The President also nominates federal judges and Supreme Court justices, also subject to majority confirmation by senators.

At the state level, the executive power lies with the governor, and at the local level with the mayors of cities and presidents, judges, or mayors of counties. Each position has set terms of office and re-election options as established by the relevant laws.

In the U.S. presidential model, unlike parliamentary democracies, the President holds broad authority and power in the direct administration of the federal government. Additionally, the President is the primary political figure, and the decisions and actions of their administration significantly shape the direction of the country and heavily influence international relations.

7. EXECUTIVE – VICE PRESIDENCY

Below the position of president, the Vice Presidency is the second-highest role in the Executive Branch, elected in the same elections in which the President of the United States is chosen. The vice president has unique responsibilities, as they are first in line for presidential succession and also serve as president of the Senate, with the ability to cast a tie-breaking vote when the senators are deadlocked.

The vice president is elected as part of a joint ticket with the president, and typically, the presidential candidate selects the vice-presidential running mate.

In the event of the president’s death, resignation, or removal, the vice president assumes the presidency for the remainder of the term. For example, Vice Presidents Harry Truman and Lyndon B. Johnson became presidents after the deaths of Presidents Franklin D. Roosevelt (in 1945 due to illness) and John F. Kennedy (assassinated in 1963) during their terms. Similarly, Vice President Gerald Ford became president after Richard Nixon’s resignation in 1974.

In 46 of the 50 states, there is the position of lieutenant governor, which in some states is elected jointly with the governor, while in others, it is chosen separately by voters.

8. LEGISLATIVE – HOUSE OF REPRESENTATIVES AND SENATE

The Legislative Branch has the authority to formulate and approve laws and to oversee the actions and decisions of the Executive Branch. It is also responsible for declaring war and can initiate impeachment proceedings against federal officials and judges, including the president.

Congress, composed of the House of Representatives and the Senate, exercises the Legislative Branch’s powers. It consists of 435 representatives, elected every two years, and 100 senators, two from each of the 50 states, elected for six-year terms. Federal legislators can be re-elected without term limits.

Laws must be approved by both chambers of Congress before being sent to the Executive Branch for signing and enactment. This requires a simple majority in the House of Representatives and the vote of three-fifths of the Senate, equivalent to 60 out of 100 senators.

Typically, the chambers of Congress have a caucus of Democratic Party legislators and another of the Republican Party. Occasionally, there are independent legislators who may or may not align with one of the caucuses. In the House of Representatives, legislators elect the Speaker, who has significant control over the legislative process. In the Senate, this position is held by the majority leader.

The District of Columbia and the five main territories of the United States have non-voting delegates in the House of Representatives, who do have the right to present motions.

Each state has its own legislative chambers responsible for legislating on matters within the state’s jurisdiction.

9. JUDICIAL – SUPREME COURT AND OTHER COURTS

The third branch of government in the U.S. republican system, as in other countries, is the Judicial Branch, comprised of local and federal courts and tribunals. The Supreme Court is the highest authority within the judiciary and has the final say on federal court cases, constitutional matters, and cases originating in state courts related to federal law. Lower courts and tribunals handle civil or criminal cases depending on their federal or local jurisdiction.

The Supreme Court consists of nine justices who are nominated by the president and confirmed by the Senate. They hold their positions for life, until they either pass away or retire. Federal judges are also appointed through a similar process of nomination and confirmation.

This highest court hears and decides cases, typically originating from lower courts or through appeals, and plays a key role in constitutional issues. For example, in 1954, the Supreme Court ruled in Brown v. Board of Education that racial segregation in public schools violated the Constitution.

At the state level, there are also local courts and a state Supreme Court, which handle cases and challenges on state matters. Depending on the state, judges at this level are either elected by popular vote or appointed through a nomination and approval process.

The process of judicial review, where courts can nullify actions by the executive and legislative branches if they are deemed to exceed their authority or violate the Constitution and the law, is a key element of the U.S. political system.

10. VOTING

Voting is the fundamental pillar of democracy, as it is the mechanism through which citizens freely make decisions, elect representatives to form governments, and exercise power and sovereignty. The right to vote is guaranteed by the Constitution and, over the years, has been affirmed and expanded through various constitutional amendments and specific laws.

In 1870, the 15th Amendment granted African American men the right to vote. In 1920, the 19th Amendment recognized women’s right to vote. In 1964, the 24th Amendment abolished poll taxes and other voting restrictions. The Voting Rights Act of 1965 eliminated racial barriers that limited voting. In 1971, the 26th Amendment lowered the minimum voting age to 18.

Typically, voting, which must be free and secret, is used to elect individuals to hold specific positions in one of the three branches of government. However, it is also used to approve referendums and propositions related to laws, taxes, and public programs.

11. LOCAL, STATE, AND FEDERAL ELECTORAL AUTHORITIES

Elections, both local and federal, are overseen by authorities and officials responsible for managing precincts and polling stations, as well as counting ballots. Each state has its own rules and regulations, so there is no unified electoral management system.

State authorities supervise voter registration and elections within their jurisdictions, while federal authorities participate in the process to ensure compliance with voting rights, support local authorities’ management, and oversee income and expenditure in federal campaigns.

In each state, generally the office responsible for elections is the Secretary of State, with additional involvement from local-level institutions. At the federal level, for example, campaign financing is regulated and monitored by the Federal Election Commission (FEC). In the United States, there is no single federal authority responsible for organizing elections or counting votes, as these functions are handled locally in each state.

12. VOTER RIGHTS

In the United States, every citizen aged 18 or older has the right to vote, except for those currently serving prison sentences and, in some states, individuals who have been convicted of serious crimes, even if they are no longer incarcerated. People who have been declared mentally incompetent by a court ruling are also generally not allowed to vote, and non-citizens cannot vote, except in a few local elections where specific regulations permit it.

All citizens have the right to vote freely and in secret, with protection against pressures, intimidation, and barriers that might hinder or reduce their ability to vote or compromise the integrity of their vote. The full exercise of electoral rights is essential for elections to be free and fair and for their results to be legitimate.

The Voting Rights Act of 1965 plays a key role in this regard, as it prohibits discrimination in electoral processes and establishes mechanisms to prevent or overturn measures that would restrict or diminish the right to vote based on race or color.

13. THE ELECTORAL COLLEGE

The election of the President of the United States is conducted indirectly through a system known as the Electoral College. Each state is allocated a number of electors or electoral votes equal to the total of its federal legislators (representatives and senators), and the sum of all the electors from every state, 538, forms the Electoral College.

For example, Illinois has 19 electoral votes, California has 54, New York has 28, and Texas has 40. Although it is not a state, the District of Columbia has three electors.

When voting for president, citizens in each state elect a group of electors, who then vote for the president and vice-president formula that obtained most votes in their state. Usually, except in Maine and Nebraska, the candidate with the most popular votes in a state wins all the electors assigned to that state.

To be elected president, a candidate must win a majority of at least 270 electoral votes. For example, in 2020, Joe Biden won the presidency by securing 306 electoral votes compared to the 232 electoral votes obtained by Donald Trump.

Since the number of federal representatives for each state is redefined every 10 years based on the latest census data, the allocation of electoral votes can vary over time.

If no presidential candidate obtains at least 270 electoral votes, the winner will be determined by the House of Representatives, with one vote per state delegation, among the three candidates who received the most votes. At least 26 state delegation votes are required to be elected. The Senate will do the same for the two vice-presidential candidates who received the most votes, with 51 votes needed to be elected. If no one can be elected president by Inauguration Day, the elected vice president temporarily assumes the office until the House reaches a decision.

14. POPULAR VOTE, ELECTORAL VOTES BY STATE, AND MECHANISM TO WIN THE PRESIDENCY

The popular vote is the total number of ballots cast by citizens in an election. In contrast, electoral votes are cast by the members of the Electoral College, which consists of 538 members, allocated to each state and the District of Columbia in proportion to their number of federal legislators.

The presidential election is won indirectly: to be elected president, a candidate must win a majority in the Electoral College, which currently requires at least 270 of the 538 electoral votes.

In each presidential election, almost all states use a “winner-takes-all” system, where the candidate who receives the most popular votes in that state is awarded all of its electoral votes.

In this sense, the U.S. presidential election is essentially a set of 51 state-level elections, not a single national process where all the votes are added together.

Therefore, winning the national popular vote does not guarantee victory unless the candidate also secures at least 270 Electoral College votes. For example, in the 2016 election, Hillary Clinton received nearly 3 million more popular votes nationwide than Donald Trump, but Trump won with 304 electoral votes. A similar situation occurred in 2000 when George W. Bush won the presidency with a majority of electoral votes, although Al Gore received more popular votes nationally.

15. THE POLITICAL PARTIES

In the U.S. system, as in many other countries, political parties are organizations made up of citizens who join them and participate in elections to bring their vision of the country, social, economic, and ideological positions, and action proposals to government through the election of their candidates.

The Democratic and Republican parties are the main ones in the United States, although there are others with less presence in terms of public offices won in elections, such as the Green Party, the Libertarian Party, and the Constitution Party.

Parties play a crucial role in organizing electoral campaigns, mobilizing voters, and formulating political platforms.

To nominate their candidates and agree on their platforms and government proposals, parties hold primary elections and conventions during the election year.

In 2020, the Democratic Party nominated Joe Biden, and the Republican Party nominated Donald Trump. In 2024, the Republican convention was held in Milwaukee, Wisconsin, where Trump was again nominated, while the Democratic convention was assigned to Chicago, Illinois, where Kamala Harris was nominated.

16. THE CANDIDATES

In order to hold public office in the various branches of government, citizens run for and present their candidacies, usually first in the internal processes of the parties to which they belong and then in the general elections.

In this sense, candidates represent the vision and positions of the parties that nominate them, but they also project their personality, their career, and their ideas to convince and attract the votes of citizens.

In a presidential election, the main candidates are those nominated by the two major parties (Democratic and Republican), but there can also be candidates from minor parties, such as the Libertarian Party or the Green Party, and even independent candidates.

Candidates are usually members of the party that nominates them, although occasionally, especially at the local or legislative level, individuals without party affiliation or who decide to switch parties can also participate in elections.

17. INDEPENDENT CANDIDATES

Being nominated by a party is not the only way to compete in elections. Citizens can also participate in elections for public office independently, outside of the parties, and for this, it is generally necessary for them to gather a certain number of signatures, as defined by the relevant electoral laws, in order to have their name on the ballot.

Without the backing of a party, independent candidates may face limitations in terms of organization, promotion, and funding for their campaigns. However, they can sometimes attract attention by presenting themselves as an alternative to traditional parties, particularly if they propose different ideas, run against discredited party candidates, or offer to address citizens’ problems in a distinct or innovative way.

On a presidential scale, a notable case was Ross Perot, who ran as an independent candidate in 1992 and garnered 18.9% of the popular vote, although he did not secure any electoral votes.

18. PRIVATE AND PUBLIC ELECTION FINANCING

To carry their message to citizens and convince them to vote for them, candidates and their campaigns require financial resources, which in presidential elections can reach the scale of millions of dollars to fund their activities. These resources can come from individuals, businesses, organizations, and public sources.

Often, the strength of a candidacy is measured not only by indicators such as voter intention polls, citizen mobilization, or public recognition of a candidate but also by the amount of money raised for campaign expenses.

Campaign financing is subject to legal regulations, and transparency in fundraising and spending is key to ensuring truly free and democratic elections. Currently, presidential candidates raise funds from both individual donations and contributions from corporations and political action committees (PACs). Typically, there are limits on the amount of money a person or entity can donate to a political party or campaign. Lack of transparency regarding the origin or misuse of campaign funds are practices contrary to democracy and can constitute electoral crimes.

Since Barack Obama’s 2008 electoral campaign, and especially during the primary and general campaigns of the 2015-2016, 2019-2020, and the 2023-2024 cycles, small individual donations –often as little as tens of dollars but made via the internet by millions of people– have gained substantial weight in candidates’ finances, especially for presidential candidates.

19. PACS AND SUPER PACS

Political Action Committees (PACs) are groups dedicated to raising funds to support a candidate or promote agendas, and sometimes to oppose candidates they find antagonistic. Often, PACs are established and led by civic or political leaders and interact with parties, candidates, and campaigns. PACs can request and receive contributions from individuals and organizations, with legal restrictions in place.

Super PACs are a type of PAC that can raise and spend unlimited amounts of money on political activities –such as advertising for or against candidates, projects, or ideas– but they are prohibited from coordinating with candidates or parties or transferring resources to them.

In the current model of campaign financing, PACs and Super PACs play a significant role, as they raise substantial amounts of money, sometimes in the tens or even hundreds of millions of dollars, which in various ways influence public opinion and elections.

This type of financing has been criticized, as it is seen as potentially clouding and distorting voters’ perspectives due to the vast amounts of money involved in campaigns. However, it gained momentum following the ruling in Citizens United v. FEC, in which the Supreme Court determined that the First Amendment’s guarantee of free speech prevents restrictions on political campaign spending carried out independently by corporations, unions, nonprofits, and other associations.

20. ELECTION PROPAGANDA AND DISINFORMATION

To inform and persuade citizens to vote for a candidate or party is the goal of electoral propaganda, which includes promoting a candidate’s image, background, proposals, and criticisms. In its negative form, it involves highlighting the flaws or unfavorable characteristics of a rival candidate.

Electoral propaganda is carried out through various means: from physical posters in the streets and printed materials sent to homes, to advertisements on radio, television, websites, emails, and social media, as well as calls and messages via telephone and other platforms. Electoral propaganda shapes public opinion, boosting or damaging a candidate’s image. While it can be sharp, to be legitimate, it must be based on real statements, facts, and data.

In contrast, disinformation is the deliberate spread of false news and misleading or defamatory claims with the intent to distort public opinion, create division, and maliciously manipulate electoral preferences.

Disinformation activities abound on the internet and social media, and due to their wide reach, they are a significant concern and source of tension. The problem of disinformation is growing in all elections.

21. PRIMARY ELECTIONS

Political parties turn to internal primaries to select their candidates for the general elections based on the preferences of voters who support them. Primary elections can be closed, allowing only voters affiliated with the corresponding party to participate, or open, where any citizen can take part.

In some states, party internal elections are held in the form of caucuses, which are citizen meetings where participants discuss and decide which candidate they wish to support.

Presidential primary elections usually begin early in the election year (traditionally in Iowa and New Hampshire) and continue in all states and territories until the summer. Each party has its rules, and typically, primary elections determine delegates who will vote for their candidate during the party convention, where the candidate with a sufficient majority of delegates is officially nominated as the presidential candidate for the November general elections.

State-level primary elections also take place, where each party designates its candidates for local, state, and congressional positions. In districts or states where a party has a large majority, primary elections can be more decisive than general elections in determining who will hold the office.

In the 2024 primaries, Democrat Joe Biden and Republican Donald Trump obtained the necessary majorities to be nominated by their respective parties. Trump was nominated and Biden opted not to seek re-election, opening the nomination process at the Democratic National Convention in Chicago, where Kamala Harris was nominated.

22. THE CONVENTIONS

Once the primary elections are concluded, political parties in the United States organize large conventions where their delegates gather to officially nominate their candidates for president and vice president. These events, which receive extensive media coverage, also feature the presentation and approval of the party platform, and party leaders and notable personalities express their support for the candidates.

In presidential conventions, delegates vote to decide who will be their candidate, usually following the primary election results. Only when no candidate has obtained a majority of the delegates during the primaries, or if that candidate declines the nomination, may the delegates vote independently, and via negotiations, for their nominee.

In 2024, Chicago, Illinois, was chosen as the venue for the Democratic Convention, and Milwaukee, Wisconsin, for the Republican Convention.

23. WHAT IS BEING ELECTED IN 2024?

On November 5, 2024, citizens will choose who will occupy the presidency and vice presidency of the United States, all seats in the House of Representatives (a total of 435 legislators), and one-third of the Senate (34 seats). Additionally, numerous state and local positions will be elected, ranging from the renewal of local legislatures to governors (in 11 states) and other authorities.

The 2024 elections and their results will be of great significance in shaping the future of the country for the coming years.

24. BLUE, RED, AND PURPLE OR SWING STATES

In the context of national political preferences, ‘blue’ states are those that have historically, over a significant period, voted predominantly for the Democratic Party in presidential elections (e.g., California, Illinois, and New York). ‘Red’ states, on the other hand, are those that have typically supported the Republican Party (for instance, in recent decades, Alabama, Kentucky, and Texas).

‘Purple’ states or swing states are those where there is greater competitiveness, and their electoral outcomes can shift from one election to another, potentially favoring either party.

Swing states are particularly important because they can determine the outcome of a presidential election. Recently, states like Arizona, Georgia, Michigan, Nevada, Pennsylvania, and Wisconsin have been considered purple and will be key in the 2024 election. In previous elections, Florida, North Carolina, and Ohio have also been swing states.

Due to their competitive nature, swing states are also referred to as ‘battleground’ states because they are where much of the candidates’ activity and campaign spending on propaganda and voter organization are concentrated.

25. PRESIDENTIAL DEBATES, WHO ORGANIZES AND BROADCASTS THEM

Presidential debates are events where presidential candidates meet in person to present their proposals and visions, while also engaging in attacks and criticisms of each other. Typically, these debates feature candidates from the Democratic and Republican parties, although in 1992, a third candidate, Ross Perot, also participated.

In recent decades, these events were organized by the independent and nonpartisan Commission on Presidential Debates and broadcast on television networks. During the 2020 elections, this entity organized the debates between Donald Trump and Joe Biden, which were televised live by ABC, CBS, CNN, Fox News, and NBC.

The importance of presidential debates lies in the opportunity for citizens to see and hear the candidates together, allowing them to compare their presence, ideas, arguments, and reactions during the event. As a result, debates can influence voting preferences and the candidates’ chances of success. Polls often measure the audience’s perception of who won the debate, and what is said and done during these encounters can have a significant impact.

In the 2024 election cycle, there have been some unusual situations concerning debates. One debate between Joe Biden and Donald Trump and another between Kamala Harris and Trump were organized by television networks, CNN and ABC respectively, outside of the Commission on Presidential Debates. The first debate also took place in June, an unusually early date, as debates are generally held in September and October of the election year.

It is common during campaigns to have a vice-presidential debate, and during party primaries, debates are also held between candidates seeking the presidential nomination.

26. ELECTION POLLS

Measuring public opinion and the political preferences is an activity that provides useful information to understand the sentiment of society and to help candidates and campaigns focus their efforts. Data from polls, based on questions asked to samples of citizens, are estimates of potential election results and carry organizational, media, and political weight.

Serious and reliable polls must have valid methodology, sampling, and statistical and scientific backing. Credible polls are generally conducted by universities, reputable media outlets, and specialized consulting firms.

Some polls survey the general public, while others focus on registered voters. They can be conducted face-to-face, over the phone, or even online. Polls conducted by partisan entities or those associated with a particular candidate or ideology, or those with weak methodologies or biased questions, are less reliable and, in some cases, may contribute to misinformation.

Polls are conducted at both national and state levels. Since presidential elections are often decided by the results of a few swing states, polls conducted among voters in those states hold particular importance.

There are also organizations that average or weigh multiple polls over different time periods, allowing for more accurate predictions by balancing the diversity of available polls.

While poll data can indicate voting preferences and trends, they only reflect voter sentiment at a given moment and may change in the future. Trends can shift upward or downward, and differences from the actual results may occur due to the margin of error or the methodology used.

27. NOVEMBER GENERAL ELECTIONS

On the first Tuesday after the first Monday in November, general elections are held in the United States. The presidential election takes place every four years, and Congressional elections are held every two years. State-level elections also follow specific timelines, depending on the duration and terms of each public office.

Voters choose among registered candidates, those nominated by political parties or independents, to determine who will hold public offices ranging from the presidency and vice presidency to seats in Congress. Many states allow citizens to write in the name of a candidate not previously listed on the ballot.

At the state level, election day may also include voting for governors, legislators, local officials, judges, law propositions, referendums, tax levies, and other measures. In certain local elections, the contests are nonpartisan, with candidates running without the banner of a political party, although they may be members of one.

In the 2020 election, voter turnout was 66.6%, with 158,429,631 votes cast in the presidential race. Of these, 51.31% went to Democrat Joe Biden, 46.85% to Republican Donald Trump (who was seeking re-election), and the remainder to minor candidates.

The 81,283,501 votes received by Biden, which earned him a majority of 306 Electoral College votes, were the highest number of votes ever received by a candidate in U.S. history.

In 2024, the presidential election, Congressional elections, and various state and local races will be held on Tuesday, November 5.

28. VOTING METHODS

Citizens in the United States can cast their vote in various ways: in person on Election Day, in person through early voting, and by mail. These options provide voters with convenient and flexible choices, which increases the likelihood of citizen participation.

In-person voting takes place on Election Day at the polling place in the voter’s precinct based on their residence. Early voting is also done in person but only at certain special precincts established for it in each locality. Usually, the early voting period opens several weeks before Election Day. Mail-in voting is when the voter receives a ballot at their home, fills it out, and sends it back by mail to the electoral authority within a set deadline. Depending on each state, it is necessary to undergo a registration process with certain key deadlines to be eligible to vote by mail. In some localities, voters can drop off their postal ballots in special drop boxes established by the local electoral authority instead of mailing them. Check with your local electoral authority for details on how to register for this method and other voting options.

There is also the option to vote by mail from abroad, known as absentee voting, for voters who are outside the country on Election Day. Members of the armed forces serving abroad also have the option to vote by mail.

29. POLLING PLACES

Citizens go to vote in pre-designated locations where electoral authorities set up booths, ballot boxes, voting machines, and other materials to accommodate voters and conduct the election. These polling places are usually located in libraries, community centers, schools, and other public spaces. Polling centers are established in all electoral districts and precincts, and the people working there are trained to carry out their duties effectively and safely.

On Election Day, citizens vote at the polling center of the precinct assigned to them based on their place of residence. There are also early voting centers that usually operate during regular office hours.

Polling centers on general election days open early and remain open late, sometimes until all citizens in line have voted. The operating hours vary depending on the state and locality, and each state sets the official closing time for polling places, although some may remain open as long as there are voters waiting in line.

Citizens can visit their local electoral authority websites to find out where their designated polling center is located.

30. POLLING PLACE OFFICIALS

Polling stations are operated by poll workers, often citizens who voluntarily take on the task. They assist voters and ensure that elections in their precinct are conducted in an orderly manner and in accordance with the law.

These workers greet voters at the polling station, verify their identity, register them, and provide them with a ballot. They also guide the voter to the designated ballot box where the completed ballot should be deposited.

Typically, the ballot is given to voters in paper form, and they fill it out by selecting their preferred options using a pen, marker, or punch, and then deposit it for counting in ballot boxes or special machines.

There are also electronic systems, supervised by poll workers, that allow voters to cast their vote digitally by selecting their choices on a screen. These systems usually print a paper document, which is then also deposited in ballot boxes or counting machines, ensuring a physical record of all votes.

31. CIVIC ORGANIZATIONS PROMOTING VOTING

In order to promote democracy and the act of voting, numerous civic organizations across the country work to encourage voter registration, electoral participation, and awareness of electoral processes and rights.

These voter advocacy groups conduct various activities, such as voter registration and mobilization campaigns, as well as providing information on key issues for citizens. They also assist people in getting to polling stations.

Examples of these organizations, which operate in various states and have played a significant role in promoting democracy –especially among young people and minority groups– include the Hispanic Federation, Mi Familia Vota, UnidosUS, Voto Latino, the League of Women Voters, and Rock the Vote, among others. In Illinois, standout organizations include the Illinois Coalition for Immigrant and Refugee Rights, the Latino Policy Forum, and Mijente, among others.

32. LOCAL AND INTERNATIONAL OBSERVERS

National and international organizations often send representatives to observe electoral processes to ensure that voting and other procedures are carried out in accordance with democratic values and current legislation. While observers are not electoral authorities, they can help identify and report irregularities or illegal practices during the voting process.

Observers may come from political parties or independent groups, including representatives from foreign civic organizations. They usually need to register in advance to be properly identified by authorities, candidates, and citizens. Observers must remain impartial and have no direct legal powers, nor can they interfere in the voting process. However, their testimonies and findings can be valuable indicators of the transparency, fairness, and legality of the elections they observe.

33. COUNTING AND WHO COUNTS THE VOTES

Once the voting day ends, the counting of votes begins to identify the winners of the election. In each polling station, the ballots deposited by voters are collected and counted. Then, this information and the ballots are sent to regional voting centers, usually in each county, and the data is also consolidated at the state level, all under strict security to ensure the integrity of the materials.

Electoral officials are responsible for this process, which can be carried out using counting machines and, when necessary, manually. Early votes and mail-in ballots are also handled by electoral authorities for counting.

Throughout election night and the following days, local electoral authorities report their results as the counting proceeds, and they continue to do so until all votes are counted.

It is often not possible to count all the votes on election night, for instance, due to the need to process a significant number of mail-in ballots. This can, if a substantial portion of the votes from one or more states remains uncounted, delay the confirmation of the presidential winner beyond election night.

34. ELECTION NIGHT

During the night of Tuesday’s election and the early hours of the following Wednesday, a period known as the election night, the vote counting begins, preliminary results are announced, and if enough substantial and representative results are available, the winner can be projected. Media coverage during this night is intense, providing both information and analysis, as well as commentary.

If available data from official vote counts, exit polls (conducted with people after voting), and other statistical studies indicate an irreversible trend for a candidate, television networks and other news entities (such as the Associated Press) make a projection of the winner and announce it publicly.

In the case of the presidential election, this process is done state by state once polls close, and when a candidate secures enough states to reach at least 270 Electoral College votes, television networks project that candidate as the likely winner.

These projections, however, are not official, and it is necessary to wait until all votes are counted. For instance, it may happen that on election night, there is not enough data to project a winner, and the declaration is postponed until sufficient official data is available. Although rare, the television projection may be inaccurate if the official result in a key state differs from initial projections, as occurred in the 2000 election.

35. DECLARATION OF WINNER, THE ROLE OF MEDIA, AND OFFICIAL RESULTS

The official declaration of the winner of the presidential election in the United States is a process that begins on election day and passes through various stages of vote counting and certification at the state level and, later, the certification of electoral votes at the federal level.

In the hours and days following the election, the media plays a significant role by reporting preliminary results and making statistical projections about the winner in each state if the available data allows it to be done scientifically and with sufficient reliability. If the trends are irreversible and it is clear that a candidate will reach at least 270 electoral votes, the media will project that the candidate has won the election. In such cases, the winning candidate proclaims their victory, and the losing candidate, in a traditional act of civility, concedes defeat. At this point, there is a virtual president-elect.

However, the official result of who won the election must wait until all votes are counted, any potential litigation (as occurred in 2000) is resolved, the votes are certified at the state level by the relevant authorities in each state, and Congress then certifies the Electoral College results in a special joint session of both chambers. Once this process is complete, there is an officially declared president-elect who will take office on Inauguration Day.

36. ELECTORAL CRIMES

When illegal acts are committed during an electoral process that affect the integrity of the elections and their results, or when the rights of voters are violated, democracy is weakened, and there is a risk that the institutional foundations of the republic and its core values are harmed.

Electoral crimes come in various forms. One example is electoral fraud, which includes the destruction or manipulation of ballots or the alteration of vote counts. It is also a crime for a person to vote more than once or for individuals without the right to vote to do so.

Electoral crimes also include preventing voters from casting their vote, violating the secreacy of the ballot, imposing requirements beyond those established by law, or intimidating or bribing citizens to vote for a certain candidate or not vote at all.

Irregularities and mismanagement in campaign financing may also constitute electoral crimes.

The law imposes fines and prison sentences on those found guilty of electoral crimes.

If proven irregularities are so extensive as to affect the entire outcome of an election, the judicial authorities may annul the election and a new vote is called, something that has occasionally happened at the congressional, state and local levels.

37. LITIGATION CASES: 2000, 2020

Sometimes, the processes or results of an election are contested, and lawsuits are filed in courts. Generally, the challenges or lawsuits are filed in local courts by citizens, candidate campaigns, or other entities, and most are resolved at the local level without necessarily having national repercussions.

However, in certain instances, litigation can alter an outcome or cause controversy and tension on a national scale. Two notable examples of this occurred during the U.S. presidential elections of 2000 and 2020.

In 2000, the Supreme Court ruled in the case of Bush v. Gore, a dispute over the recount of votes in the state of Florida. Initially, television projections on election night gave the victory to Democrat Al Gore by attributing Florida to him, ensuring a majority in the Electoral College. But shortly after, the media had to retract this projection due to uncertainty about the result, which began to show trends in favor of Republican George W. Bush. A series of recounts, challenges, and court rulings followed in Florida until the Supreme Court decided to end the recount, resulting in Bush winning Florida and securing the necessary majority in the Electoral College to win the presidency. Despite strong controversy and uncertainty, Gore eventually accepted the result.

In the 2020 election, several lawsuits were filed in various states alleging irregularities in the presidential election. The most notable were those driven by Donald Trump’s campaign, which falsely claimed irregularities or fraud in several states that “stole” the election from him. Courts in various states heard the cases and determined that the lawsuits lacked merit, justification, or evidence to show that any fraud had altered the result of the presidential election.

38. STATE AND FEDERAL ELECTION CERTIFICATION

The results of an election must be certified by the competent authorities in order to be considered legal and final. This involves affirming that the voting process and the counting of ballots were conducted in accordance with the law and that the results reflect the popular will, following procedures at both state and federal levels.

Election authorities certify the results after verifying that all votes have been correctly counted. Each state certifies its election results, following its own regulations and timelines. In the case of presidential elections, once a state has certified its results, it formally assigns the corresponding Electoral College electors to the winner and sends the records of those votes to Congress and other relevant bodies. The United States Congress then holds a joint session of both chambers to receive and validate the electoral votes from each state, hears and resolves objections raised by legislators, and  certifies the results, declaring the candidate who has officially secured at least 270 electoral votes as president-elect.

During the certification process of the 2020 election in the U.S. Congress on January 6, 2021, supporters of Donald Trump stormed the Capitol in Washington, D.C., in an attempt to prevent legislators from certifying Joe Biden’s victory. It was alleged that Trump even asked Vice President Mike Pence, who ceremonially presided over the joint session in his role as President of the Senate, to reject certain electoral votes and halt the certification, a request Pence refused as he lacked the legal authority to do so. After hours of violence and chaos, the unrest subsided, and Congress reconvened and certified Biden’s victory.

39. PRESIDENTIAL INAUGURATION

The president officially assumes office in a ceremony known as the inauguration, which includes the oath of office, speeches, and other activities, marking the beginning of the presidential term.

The presidential inauguration takes place at the Capitol in Washington, D.C. (often on one of its exterior porticoes with public attendance) on January 20 of the year following the presidential election.

In exceptional cases, the presidential oath has been administered outside the Capitol in a smaller-scale ceremony. For example, in 1963, Vice President Lyndon B. Johnson was sworn in aboard the plane returning to Washington, D.C., following the assassination of President John F. Kennedy.

It is traditional for the outgoing president to attend the inauguration of their successor.

On January 20, 2021, Joe Biden was sworn in by the Chief Justice of the Supreme Court as the 46th president of the United States. Donald Trump, the outgoing president who lost the 2020 November election, did not attend Biden’s inauguration.

Before that, the last time an outgoing president did not attend the inauguration of their successor was in 1974, when Richard Nixon, after resigning from the presidency, did not participate in Gerald Ford’s inauguration.

The next presidential inauguration is scheduled for January 20, 2029.

40. OATH AT THE PRESIDENTIAL INAUGURATION

The inauguration ceremony reaches its most symbolic moment with the presidential oath, officially marking the beginning of the President of the United States’ term. When taking the oath, presidents typically place one hand on a Bible with personal or historical significance, although using a Bible is not required by law, and there have been inaugurations where it was not used or two different Bibles were used.

For example, Dwight Eisenhower took the oath in 1953 using the same Bible that George Washington used for his inauguration, along with a personal Bible. Barack Obama, in 2013, used a Bible that had belonged to Abraham Lincoln and another that belonged to Martin Luther King Jr.

On January 20, 2021, Chief Justice John Roberts administered the presidential oath to Joe Biden, who used a personal Bible that had been in his family since 1893.

The current presidential oath reads: “I do solemnly swear [or affirm] that I will faithfully execute the Office of President of the United States, and will to the best of my ability, preserve, protect and defend the Constitution of the United States.”

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The project “40 Keys to Democracy in the United States” was published in part thanks to support provided to La Raza by the Field Foundation of Illinois through its Journalism and Storytelling program.