hich was
contemplated by the framers of the Constitution, although it was soon
seen that its adoption by some States might place them at a disadvantage
by a division of their strength, and that a uniform rule was
preferable."[29] In the Federal Convention James Wilson had proposed
that the Electors be "taken by lot from the national Legislature," but
the suggestion failed to come to a vote.[30]

CONSTITUTIONAL STATUS OF ELECTORS

Dealing with the question of the constitutional status of the Electors,
the Court said in 1890: "The sole function of the presidential electors
is to cast, certify and transmit the vote of the State for President and
Vice President of the nation. Although the electors are appointed and
act under and pursuant to the Constitution of the United States, they
are no more officers or agents of the United States than are the members
of the State legislatures when acting as electors of federal senators,
or the people of the States when acting as electors of representatives
in Congress. * * * In accord with the provisions of the Constitution,
Congress has determined the time as of which the number of electors
shall be ascertained, and the days on which they shall be appointed and
shall meet and vote in the States, and on which their votes shall be
counted in Congress; has provided for the filling by each State, in such
manner as its legislature may prescribe, of vacancies in its college of
electors; and has regulated the manner of certifying and transmitting
their votes to the seat of the national government, and the course of
proceeding in their opening and counting them."[31] The truth of the
matter is that the Electors are not "officers" at all, by the usual
tests of office.[32] They have neither tenure nor salary, and having
performed their single function they cease to exist as Electors. This
function is, moreover, "a federal function,"[33] their capacity to
perform which results from no power which was originally resident in the
States, but springs directly from the Constitution of the United
States.[34] In the face, therefore, of the proposition that Electors are
State officers, the Court has upheld the power of Congress to protect
the right of all citizens who are entitled to vote to lend aid and
support in any legal manner to the election of any legally qualified
person as a Presidential Elector;[35] and more recently its power to
protect the choice of Electors from fraud or corruption.[36]