U.S. Constitution – Amendment 12 – The U.S. Constitution Online – USConstitution.net

Apr 23, 2024

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U.S. Constitution – Amendment 12

Amendment 12 – Choosing the President, Vice-President

The Electors shall meet in their respective states, and vote by ballot for
President and Vice-President, one of whom, at least, shall not be an inhabitant
of the same state with themselves; they shall name in their ballots the person
voted for as President, and in distinct ballots the person voted for as
Vice-President, and they shall make distinct lists of all persons voted for as
President, and of all persons voted for as Vice-President and of the number of
votes for each, which lists they shall sign and certify, and transmit sealed to
the seat of the government of the United States, directed to the President of
the Senate;

The President of the Senate shall, in the presence of the Senate and House
of Representatives, open all the certificates and the votes shall then be
counted;

The person having the greatest Number of votes for President, shall be the
President, if such number be a majority of the whole number of Electors
appointed; and if no person have such majority, then from the persons having
the highest numbers not exceeding three on the list of those voted for as
President, the House of Representatives shall choose immediately, by ballot,
the President. But in choosing the President, the votes shall be taken by
states, the representation from each state having one vote; a quorum for this purpose shall consist of a
member or members from two-thirds of the states, and a majority of all the
states shall be necessary to a choice. And if the House of Representatives
shall not choose a President whenever the right of choice shall devolve upon
them, before the fourth day of March next following, then the Vice-President
shall act as President, as in the case of the death or other constitutional
disability of the President.

The person having the greatest number of votes as Vice-President, shall be
the Vice-President, if such number be a majority of the whole number of
Electors appointed, and if no person have a majority, then from the two highest
numbers on the list, the Senate shall choose the Vice-President; a quorum for the purpose shall consist of
two-thirds of the whole number of Senators, and a majority of the whole number
shall be necessary to a choice. But no person constitutionally ineligible to
the office of President shall be eligible to that of Vice-President of the
United States.

Notes for this amendment:
Proposed 12/9/1803
Ratified 6/15/1804
Note
History
The Electoral College
Article 2, Section 1

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