Nomination and Election of President and Vice President and Qualifications for Voting

gress, such election shall be held on the Tuesday next after the first Monday in November of the year in which the regular term of the President and Vice President, as herein provided, is to begin.

"The persons voting in each State in such election shall have the qualifications requisite for persons voting for members of the most numerous branch of the legislature of that State. The places and manner of holding such 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. The candidates for the offices of President and Vice President shall be selected in such manner as the Congress shall by law provide. The names of the candidates so selected shall be placed on the ballot in each State, and shall so appear thereon that a single vote will be cast by each voter for the candidate of a political party for the office of President and the candidate of the same party for the office of the Vice President.

"SEC. 2. Within two weeks after such election, the chief executive of each State shall make distinct lists showing the number of votes cast in such State for the candidates of each political party for the offices of President and Vice President, 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 President of the Senate.

"On the twenty-first day following such election the President of the Senate shall open all certificates in the presence of the Speaker of the House of Representatives and the Chief Justice of the United States, and the votes shall then be counted. The candidates for the offices of President and Vice President having the greatest number of votes shall be President and Vice President, respectively. If two or more candidates shall have an equal number of votes for President and Vice President and such number is greater than that received by any other candidate, the candidate shall be deemed elected who shall have received the greatest number of the votes in each of the greatest number of States. The Congress may by law provide for the case wherein one or more of the persons referred to in the first sentence of this paragraph are unable to be present on the day fixed for the opening of the certificates, declaring who shall act in their places.

"SEC. 3. The terms of the President and Vice President shall end at noon on the first day of December in the fourth year of their term; and the terms of their successors shall then begin.

"SEC. 4. The first, second, third, and fourth paragraphs of section 1, article II, of the Constitution, the twelfth article of the amendment to the Constitution, that part of section 1 of the twentieth article of amendment to the Constitution which refers to the terms of the President and Vice President, and section 4 of the twentieth article of amendment to the Constitution are hereby repealed. "SEC. 5. This article shall take effect on the first day of June following its ratification.

"SEC. 6. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by conventions in three-fourths of the several States, as provided in the Constitution, within seven years from the date of its submission to the States by Congress."

SUMMARY OF SENATE JOINT RESOLUTION 23

Senate Joint Resolution 23 (introduced by Senator Mansfield with Senator Keating as cosponsor) abolishes the electoral college and provides for direct election by popular vote. The condidate having the greatest number of votes is elected. It also advances to December 1 the date when the President assumes office. Ratification of this amendment is to be by conventions within the States, rather from by State legislatures.

S.J. RES. 26

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 the following article is proposed as an amendment to the Constitution of the United States, which shall be valid to all intents and purposes as part of the Constitution when ratified by the legislatures of three-fourths of the several States:

"SECTION 1. The executive power shall be vested in a President of the United States of America. He shall hold his office during a term of four years, and together with the Vice President, chosen for the same term, be elected as provided in this Constitution. No person constitutionally ineligible for the office of President shall be eligible for that of Vice President of the United States. "SEC. 2. Each State shall be entitled to a number of electoral votes equal to the whole number of Senators and Representatives to which such State may be entitled in the Congress. There shall be held in each State an election to determine what candidates for the offices of President and Vice President shall receive the electoral votes of that State. The voters in such election shall vote for the candidate of a political party for President and for the candidate of the same political party for Vice President. The candidate for President receiving the greatest number of popular votes in any State shall receive all of the electoral votes of that State for President, except that if the candidates of more than one political party receive an equal number of popular votes in any State and such number is greater than the number received by any other candidate, the electoral votes of the State shall be divided equally among the candidates of such parties. The candidate for Vice President of a party whose candidate for President receives electoral votes of a State for President shall receive the same number of electoral votes of such State for Vice President. If, in any State, the candidate of any political party for President receives popular votes as the candidate of more than one political party for President and different persons are the candidates of any of such parties for Vice President, the electoral votes of such State for Vice President shall be given to the candidate for Vice President of the political party as the candidate of which the candidate receiving the electoral votes of such State for President received the greatest number of popular votes. The voters in each State shall have the qualifications requisite for electors of the most numerous branch of the State legislature. The places and manner of holding such 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. The Congress shall determine the time of such election, which shall be the same throughout the United States, and, unless otherwise determined by the Congress, such election shall be held on the Tuesday next after the first Monday in November of the year preceding the year in which the regular term of President and Vice President is to begin.

"SEC. 3. Within forty-five days after the election, the chief executive of each State shall make distinct lists showing the number of votes cast in such State for each of the candidates for the offices of President and Vice President, the names of the candidates receiving the electoral votes of such State, and the number of such electoral votes, 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 President of the Senate. On the 6th day of January following the election, unless the Congress by law appoints a different day not earlier than the 4th day of January and not later than the 10th day of January, the President of the Senate shall in the presence of the House of Representatives open all the certificates and the result of the election shall then be ascertained. The person having the greatest number of electoral votes for President shall be the President, if such number is a majority of the whole number of the electoral votes: and if no person has such a majority, then from the persons having the highest numbers not exceeding three on the list of those receiving electoral votes for President, the House of Representatives shall choose immediately, by ballot, the President. 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. The person receiving the greatest number of electoral votes for Vice President shall be the Vice President, if such number is a majority of the whole number of the electoral votes; and if no person has such a majority, then from the persons having the two highest numbers on the list of those receiving electoral votes for Vice President, the Senate shall choose the Vice President. A quorum for this 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. The Congress may by law provide for the case of the death of any person who, except for his death, would have been

entitled to receive a majority of the electoral votes for President or Vice President.

"SEC. 4. Paragraphs 1, 2, and 3 of section 1, article II, of the Constitution. and the twelfth article of amendment to the Constitution are hereby repealed. "SEC. 5. This article shall apply to the election of Presidents and Vice Presidents whose regular terms begin more than two years after its ratification. "SEC. 6. 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 its submission to the States by the Congress."

SUMMARY OF SENATE JOINT RESOLUTION 26

Senate Joint Resolution 26 (introduced by Senator McGee) abolishes the electoral college but preserves the electoral votes of each State. The person receiving the highest number of popular votes is credited with all the State's electoral votes. If no candidate receives a majority of the entire electoral vote, election is in the House of Representatives with each State having one vote and a majority of the whole number of States' votes being necessary for election.

S.J. RES. 28

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 have the qualifications requisite for electors of the most numerous branch of the State legislature. Congress shall determine the time of such election, which shall be the same throughout the United States. Until otherwise determined by the Congress, such election shall be held on the Tuesday next after the first Monday in November of the year preceding the year in which the regular term of the President is to begin. Each State shall be entitled to a number of electoral votes equal to the whole number of Senators and Representatives to which such State many be entitled in the Congress.

"Within forty-five days after such election, or at such time as the Congress shall direct, the official custodian of the election returns of each State shall make distinct lists of all persons for whom votes were cast for President and the number of votes for each, and the total vote of the electors of the State for all persons for President, which lists he shall sign and certify and transmit sealed to the seat of the Government of the United States, directed to the President of the Senate. On the 6th day of January following the election, unless the Congress by law appoints a different day not earlier than the 4th day of January and not later than the 10th day of January, the President of the Senate shall in the presence of the Senate and House of Representatives open all certificates and the votes shall then be counted. Each person for whom votes were cast for President in each State shall be credited with such proportion of the electoral votes thereof as he received of the total vote of the electors therein for President. In making the computations, fractional numbers less than one one-thousandth shall be disregarded. The person having the greatest number of electoral votes for President shall be President, if such number be at least 40 per centum of the whole number of such electoral votes. If no person have at least 40 per centum of the whole number of electoral votes, then from the persons having the two highest numbers of electoral votes for President the Senate and the House of Representatives sitting in joint session shall choose immediately, by ballot,

the President. A majority of the votes of the combined authorized membership of the Senate and the House of Representatives shall be necessary for a choice. "The Vice President shall be likewise elected, at the same time and in the same manner and subject to the same provisions, as the President, but no person constitutionally ineligible for the office of President shall be eligible to that of Vice President of the United States.

"The Congress may by law provide for the case of the death of any of the persons from whom the Senate and the House of Representatives may choose a President whenever the right of choice shall have devolved upon them, and for the case of the death of any of the persons from whom the Senate and the House of Representatives may choose a Vice President whenever the right of choice shall have devolved upon them.

"SEC. 2. Paragraphs 1, 2, and 3 of section 1, article II, of the Constitution, the twelfth article of amendment to the Constitution, and section 4 of the twentieth article of amendment to the Constitution, are hereby repealed.

"SEC. 3. This article shall take effect on the tenth day of February following its ratification.

"SEC. 4. 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 its submission to the States by the Congress."

SUMMARY OF SENATE JOINT RESOLUTION 28

Senate Joint Resolution 28 (by Senator Saltonstall) abolishes the electoral college and provides for division of each State's electoral votes in proportion to the popular votes received by each candidate. If no candidate receives 40 percent of the whole electoral vote, the Senate and House of Representatives, assembled together and voting as individuals, elect from the two highest candidates. A majority of the combined authorized votes is necessary for election.

S.J. RES. 48

“SEC. 2. Each State shall be entitled to a number of presidential and vicepresidential unit votes equal to the whole number of Senators and Representatives to which such State may be entitled in the Congress. There shall be held in each State an election to determine what candidates for the offices of President and Vice President shall receive the presidential and vice-presidential unit votes of that State and the number of such votes each shall receive. Voters in such election shall vote for the candidate of a political party for President and for the candidate of the same political party for Vice President. The voters in each State shall have the qualifications requisite for electors of the most numerous branch of the State legislature. The places and manner of holding such 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. The Congress shall determine the time of such election, which shall be the same throughout the United States, and, unless otherwise determined by the Congress, such election shall be held on the Tuesday next after the first Monday in November of the year preceding the year in which the regular term of President and Vice President is to begin.

"SEC. 3. On or before the first Monday after the second Wednesday in Decem. ber following the election, the chief executive of each State shall make distinct lists showing the number of votes cast in such State for each of the candidates for the offices of President and Vice President, 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 President of the Senate. On the sixth day of January following the election, unless the Congress by law appoints a different day not earlier than the fourth day of January and not later than the tenth day of January, the President of the Senate shall in the presence of the House of Representatives open all the certificates and the result of the election shall then be ascertained. For such purpose, the presidential unit votes of a State shall be divided among the candidates for President as follows:

"(1) If each of two candidates receives more than one-third of the total popular votes received by all candidates, each of such two candidates shall receive a number of presidential unit votes which bears the same ratio to the total of such presidential unit votes as the number of popular votes received by him bears to the number of popular votes received by both such candidates, except that (a) where such candidates would be entitled to unequal fractional parts of a presidential unit vote, such unit vote shall be given to the candidate entitled to the major fractional part thereof unless each such candidate would thereby become entitled to an equal number of presidential unit votes in which case it shall be given to the candidate receiving the greater number of popular votes and (b) where such candidates would be entitled to equal fractional parts of a presidential unit vote, such vote shall be given to the candidate receiving the greater number of popular votes, unless they received an equal number of popular votes in which case such unit vote shall be divided equally between them.

"(2) If the candidate of only one political party receives more than one-third of the total popular votes received by all candidates, the candidate of that political party shall receive all of the presidential unit votes.

"(3) If no candidate receives more than one-third of the total popular votes received by all candidates, the presidential unit votes of such States shall be divided in the manner prescribed by paragraph (1) between the two candidates receiving the greatest number of popular votes.

"The vice-presidential unit votes of a State shall be divided among the candidates for Vice President in the same manner.

"The person having the greatest number of presidential unit votes shall be the President, if such number is a majority of the whole number of such votes ; and if no person has such a majority, then from the persons having the highest numbers not exceeding three on the list of those receiving presidential unit votes, the House of Representatives shall choose immediately, by ballot, the President. 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.

"The person receiving the greatest number of vice-presidential unit votes shall be the Vice President, if such number is a majority of the whole number of such votes; and if no person has such a majority, then from the persons having the two highest numbers on the list of those receiving vice-presidential unit votes, the Senate shall choose the Vice President. A quorum for this 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. The Congress may be law provide for the case of the death of any person who, except for his death, would have been entitled to receive a majority of the presidential or vice-presidential unit votes.

"SEC. 4. Paragraphs 1, 2, and 3 of section 1, article II, of the Constitution, and the twelfth article of amendment to the Constitution are hereby repealed. "SEC. 5. This article shall apply to the election of Presidents and Vice Presidents whose regular terms begin more than two years after its ratification.

"SEC. 6. 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 its submission to the States by the Congress."

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