voter shall be eligible to vote only in the primary of the party of his registered affiliation. The time of such primary election shall be the same throughout the United States, and, unless the Congress shall by law appoint a different day, such primary election shall be held on the first Tuesday after the first Monday in August in the year preceding the expiration of the regular term of President and Vice President. No person shall be a candidate for nomination for President or Vice President except in the primary of the party of his registered affiliation, and his name shall be on that party's ballot in all the States if he shall have filed a petition at the seat of the Government of the United States with the Secretary of State, which petition shall be valid only if (1) it is determined by the Secretary of State to have been signed on or after the first day of January of the year in which the next primary election for President and Vice President is to be held by a number of qualified voters, in any or all of the several States, equal in number to at least 1 per centum, but not more than 2 per centum, of the total number of popular votes cast throughout the United States for all candidates for President (or, in the case of the primary election first held after the ratification of this article, for electors of President and Vice President) in the most recent previous presidential election, and (2) it is filed with the Secretary of State not later than the first Tuesday after the first Monday in June of the year in which the next primary election for President and Vice President is to be held. No person's name shall appear on the ballot in any primary election as a candidate for nomination for both President and Vice President; but the foregoing shall not, except in the case of a runoff election, prohibit the name of a candidate for nomination for President, or the name of any other person, from being written on the ballot by the voters for nomination for Vice President, or the name of a candidate for nomination for Vice President, or the name of any other person, from being written on the ballot by the voters for nomination for President.

"SEC. 3. For the purposes of this article a political party shall be recognized as such if at any time within four years next preceding a primary election the Secretary of State determines such party has had registered as members thereof more than 5 per centum of the total registered voters in the United States.

"SEC. 4. Within fifteen days after such primary election, the chief executive of each State shall make distinct lists of all persons of each political party for whom votes were cast, and the number of votes for each such person, which lists shall be signed, certified, and transmitted under the seal of such State to the seat of the Government of the United States directed to the Secretary of State, who shall forthwith open all certificates and count the votes. The person receiving a majority of the total number of popular votes cast for presidential nominees by the voters of the party of his registered affiliation shall be the official candidate of such party for President throughout the United States, and the person receiving a majority of the total number of popular votes cast for vice presidential nominees by the voters of the party of his registered affiliation shall be the official candidate of such party for Vice President throughout the United States. If no person receives a majority of the total number of popular votes cast for presidential nominees by the voters of a political party, a rimoff election to determine the nominee of such political party for President shall be conducted throughout the United States on the twenty-eighth day after the day on which the primary election was held. Such runoff election shall be between the two persons who received the greatest number of popular votes cast for presidential nominees by the voters of such political party in the primary election. If no person receives a majority of the total number of popular votes cast for vice presidential nominees by the voters of a political party, a runoff election to determine the nominee of such political party for Vice President shall be conducted throughout the United States on the twenty-eighth day after the day on which the primary election was held. Such runoff election shall be hetween the two persons who received the greatest number of popular votes cast for vice presidential nominees by the voters of such political party in the primary election. No person ineligible to vote in the primary election of any noJitical party shall be eligible to vote in a runoff election of such political party. Within fifteen days after a runoff election for the nomination of a political party for President or Vice President, the chief executive of each State shall, in the case of a runoff election for nomination for President, transcribe on an appropriate document the names of the two persons on the party's ballot for nomination for President and the number of votes cast in such State for each, and, in the case of a runoff election for nomination for Vice President, transcribe on an

appropriate document the names of the two persons on the party's ballot for nomination for Vice President and the number of votes cast in such State for each, which documents shall be signed, certified, and transmitted under the seal of such State to the seat of the Government of the United States, directed to the Secretary of State, who shall forthwith open all certificates and count the votes. The person receiving the majority of popular votes for President in a runoff election to elect a nominee for President shall be the official candidate of such political party for President throughout the United States. The person receiving the majority of popular votes for Vice President in a runoff election to elect a nominee for Vice President shall be the official candidate of such political party for Vice President throughout the United States.

"SEC. 5. In the event a person shall receive in any such primary election, as the result of write-in votes, a majority of the total number of votes cast by the voters of the party of his registered affiliation for nominees for President and a majority of the total number of votes cast by such voters for nominees for Vice President, such person shall declare which nomination he accepts; and a runoff election shall be conducted for the nomination such person does not accept between the two persons who received the next highest number of votes for such nomination.

"In the event a person shall receive in any such primary election, as the result of write-in votes, the highest or second highest number of votes cast by the voters of the party of his registered affiliation for nominees for President (and no person receives a majority) and the highest or second highest number of votes cast by such voters for nominees for Vice President (and no person receives a majority), such person shall declare the office for which he will be a candidate in the runoff election provided for in section 4 of this article and such person may not be a candidate for nomination for the other office. The runoff election for the nomination for such other office shall be between the two persons who received the next highest number of votes for such other office.

"In the event a person shall receive in any such primary election, as the result of write-in votes, a majority of the total number of votes cast by the voters of the party of his registered affiliation for nominees for President and the highest or second highest number of votes cast by such voters for nominees for Vice President (and no person receives a majority), or such person receives a majority of the total number of votes cast for nominees for Vice President and the highest or second highest number of votes cast of nominees for President (and no person receives a majority), such person may, in either such case, accept a nomination for the office for which he received a majority of the votes cast, and a runoff election shall be conducted for the other office between the two persons who received the next highest number of votes for such office; or, such person may refuse the nomination for the office for which he received a majority of the votes cast and declare himself a candidate in the runoff election provided for in section 4 of this article for the office for which he received the highest or second highest number of votes. If such person refuses the nomination for an office for which he received a majority of the votes cast, a runoff election shall be conducted for such office between the two persons who received the next highest number of votes for such office. Any runoff election provided for in this section shall be conducted at the same time, and the results thereof certified in the same manner, as provided for runoff elections under section 4 of this article. "If, in any case in which a runoff election would otherwise be held, only one candidate of a party remains for nomination for President or Vice President, as the case may be, such candidate shall be the official candidate of such party for such office and no runoff election shall be conducted for such office.

"SEC. 6. In the event of the death or resignation of the official candidate of any political party for President, the person nominated by such political party for Vice President shall be the official candidate of such party for President. In the event of the deaths or resignations of the official candidates of any political party for President and Vice President, or in the event of the death or resignation of the official candidate of any political party for Vice President, a national committee of such party shall designate such candidate or candidates, who shall then be deemed the official candidate or candidates of such party, but in choosing such candidate or candidates the vote shall be taken by States, the delegation from each State having one vote. A quorum for such purposes shall consist of a delegate or delegates from two-thirds of the States, and a majority of all States shall be necessary to a choice.

"SEC. 7. The electoral college system of electing the President and Vice President of the United States is hereby abolished. The President and Vice President of the United States shall be elected at a general election by the people of the several States by direct popular vote of the qualified voters in each State who shall have the qualifications requisite for electors of the most numerous branch of the State legislature. The time of such election shall be the same throughout the United States, and unless the Congress shall by law appoint a different day, such election shall be held on the first Tuesday after the first Monday in November in the year preceding the expiration of the regular term of the President and Vice President. The names of candidates officially nominated in primaries as herein provided, and only such names, shall appear upon the official ballot in every State for the offices of President and Vice President; but the foregoing shall not, except in the case of a runoff election, prohibit the names of a candidate for President, or the name of any other person, from being written on the ballot by the voters for Vice President or the name of a candidate for Vice President, or the name of any other person, from being written on the ballot by the voters for President.

"SEC. 8. Within fifteen days after such general election, the chief executive of each State shall make distinct lists of all persons receiving votes for President and all persons receiving votes for Vice President, and the number of votes cast in such State for each, which list shall be signed, certified, and transmitted under the seal of such State to the seat of the Government of the United States, directed to the Secretary of State, who shall forthwith open all certificates and count the votes. The person receiving a majority of the total number of popular votes cast for President shall be President, and the person receiving a majority of the total number of popular votes cast for Vice President shall be Vice President. If no person receives a majority of the total number of popular votes cast for President, a runoff election to choose the President shall be conducted throughout the United States on the twenty-eighth day after the day on which the general election was held. Such runoff election shall be between the two persons who received the greatest number of popular votes for President cast in the general election. If no person receives a majority of the total number of popular votes cast for Vice President, a runoff election to choose the Vice President shall be conducted throughout the United States on the twenty-eighth day after the day on which the general election was held. Such runoff election shall be between the two persons who received the greatest number of popular votes for Vice President cast in the general election. Within fifteen days after a runoff election to choose a President or Vice President, the chief executive of each State shall, in the case of a runoff election for President, transcribe on an appropriate document the names of the two persons on the ballot for President and the number of votes cast in such State for each, or, in the case of a runoff election for Vice President, transcribe on an appropriate document the names of the two persons on the ballot for Vice President, and the number of votes cast in such State for each, which document shall be signed, certified, and transmitted under the seal of such State to the seat of the Government of the United States, directed to the Secretary of State, who shall forthwith open all certificates and count the votes. The persons receiving the majority of popular votes for President in a runoff election for President shall be President. The person receiving the majority of popular votes for Vice President in a runoff election for Vice President shall be Vice President. No person constitutionally ineligible to the office of President shall be eligible to that of Vice President.

"SEC. 9. In the event a person shall receive in any such general election, as the result of write-in votes, a majority of the total number of popular votes cast for President and a majority of the total number of popular votes cast for Vice President, such person shall declare which office he accepts; and a runoff election shall be conducted for the office such person did not accept between the two persons who received the next highest number of votes for such office.

"In the event a person shall receive in any such general election, as the result of write-in votes, the highest or second highest number of popular votes cast for President (and no person receives a majority) and the highest or second highest number of popular votes cast for Vice President (and no person receives a majority), such person shall declare the office for which he will be a candidate in the runoff election provided for in section 8 of this article and such person may not be a candidate for the other office. The runoff election for such other office shall be between the two persons who received the next highest number of votes for such other office.

"In the event a person shall receive in any such general election, as the result of write-in votes, a majority of the total number of popular votes cast for President and the highest or second highest number of popular votes cast for Vice President (and no person receives a majority), or he receives a majority of the total number of popular votes cast for Vice President and the highest or second highest number of popular votes cast for President (and no person receives a majority), such person may, in either such case, accept the office for which he received a majority of the votes cast, and a runoff election shall be conducted for the other office between the two persons who received the next highest number of votes for such office; or, such person may refuse the office for which he received a majority of the votes cast and declare himself a candidate in the runoff election provided for in section 8 of this article for the office for which he received the highest or second highest number of votes. If such person refuses the office for which he received a majority of the votes cast, a runoff election shall be conducted for such office between the two persons who received the next highest number of votes for such office. Any runoff election provided for in this section shall be conducted at the same time, and the results thereof certified in the same manner, as provided for runoff elections under section 8 of this article.

"If, in any case in which a runoff election would otherwise be held, only one candidate remains for the office of President or Vice President, as the case may be, such candidates shall be deemed elected to such office and no runoff election shall be conducted for such office.

"SEC. 10. The Congress shall have power to enforce this article by appropriate legislation.

"SEC. 11. The Congress shall have power to provide by appropriate legislation for cases in which two or more persons receive an equal number of popular votes for President or Vice President in any such primary or general election. "SEC. 12. The Congress shall have power to provide by appropriate legislation for methods of determining any dispute or controversy that may arise in the counting and canvassing of the votes for President and Vice President in any such primary or general election. The places and manner of holding such primary or general election shall be prescribed in each State by the legislature thereof; but the Congress may at any time by law make or alter such regulations. "SEC. 13. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of three-fourths of the States within seven years from the date of the submission hereof to the States by the Congress."

SUMMARY OF SFNATE JOINT RESOLUTION 1

Senate Joint Resolution 1 (introduced by Senator Smith of Maine with Senators Beall, Chavez, Morse, and Aiken as cosponsors) abolishes the electoral college. It provides for direct election of the President and Vice President by popular vote and nomination of candidates by national primaries. In both primaries and the general election, runoff elections are held if no candidate receives a majority.

S.J. RES. 2

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled (two-thirds of each House concurring therein), That an amendment is hereby proposed to the Constitution of the United States which shall be valid to all intents and purposes as part of the Constitution when ratified by three-fourths of the legislatures of the several States. Said amendment shall be as follows:

"SECTION 1. The executive power shall be vested in a President of the United States of America. He shall hold his office during the term of four years, and together with the Vice President, chosen for the same term, be elected as provided in this Constitution.

"The electoral college system of electing the President and Vice President of the United States is hereby abolished. The President and Vice President shall be elected by the people of the several States. The electors in each State shall