The election of the President and VicePresident is not a popular vote . It is an election by and between the States , through the Electoral College , which in form is an analogue of the Congress . That is , it affords the same comparative level of representation for each State . Just as when you or I go to the polls , if we fail to show up in time , or just can ' t get it together even if we do , then our vote is not going to be counted . States are obliged to show up on time and have it together , and if they don ' t , then in theory their vote could be rejected as unsound or untimely . That ' s what probably should have happened in 2000 . Florida ' s entire Electoral delegation should have been rejected based on unresolved doubt , and that State ' s vote thus discarded . That would have thrown the election to Gore instead of Bush as it happened , though , the Supreme Court ruled to stop the recount process , effectively freezing the recount at a specific point that happened to benefit Bush . That could be argued forever , probably , but my own perspective is that it doesn ' t matter who actually won Florida , because Florida clearly didn ' t have it together , and in my mind should not have been allowed to vote at all in that election .