shall appear on the ballot in the second primary election. The time of the second primary election shall be the same throughout the United States and, unless Congress shall by law appoint a different day, such primary election shall be held on the first Tuesday after the first Monday in September. The votes in the second primary election shall be counted in the same manner as in the case of the first primary election, and the person receiving the greater number of nominating votes of his political party shall be the nominee of that political party for President. The Congress may by law provide for the manner of choosing a successor in event of the death or resignation, prior to the election, of the nominee of any political party for President.

"This article shall apply to a political party only if its candidates received 10 per centum or more of the total popular vote cast in the next preceding presidential election for electors of President and Vice President.

"SEC. 3. This article shall take effect at the beginning of the second calendar year following the year in which it is ratified.

"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 several States within seven years from the date of its submission."

SUMMARY OF SENATE JOINT RESOLUTION 102

Senate Joint Resolution 102 (by Senator Proxmire) provides for nomination of party candidates for President by primary elections held within each State. Qualifying petitions signed by 5 percent of the number of voters in the last presidential election must be filed from six States. Each State has a numberof nominating votes equal to its electoral votes and a plurality wins a State's nominating votes. Runoff is to be held if no candidate wins a majority of the whole number of nominating votes. Political parties affected are those which received 10 percent of the popular vote in the last preceding election.

S.J. RES. 113

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:

"ARTICLE

"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.

"Each State shall be entitled to cast for President and for Vice President a number of electoral votes equal to the whole number of Senators and Representatives to which such State may be entitled in the Congress. Such electoral votes shall be cast, in the manner provided by section 2 of this article, upon the basis of an election in which the people of such State shall cast their votes for President and for Vice President. The voters in each State in any such election shall have the qualifications requisite for persons voting for members of the most numerous branch of the State legislature.

"The Congress shall determine the time of such election, which shall be the same throughout the United States. gress, such election shall be held on the Tuesday next after the first Monday in Until otherwise determined by the Con-November of the year preceding the year in which the regular term of the President is to begin.

SEC. 2. In such election within any State, each voter by one ballot shall cast his vote for President and his vote for Vice President. The name of any person may be placed upon any ballot for President or for Vice President only with the consent of such person. The electoral votes which each State is entitled to

cast for President and for Vice President shall be cast for the persons who in

such election in that State receive the greatest number of votes for President and Vice President, respectively, except that if the person for whom any State casts its electoral votes for President is an inhabitant of that State, its electoral votes for Vice President shall be cast for the person not an inhabitant of that State who receives the greatest number of votes for Vice President.

"Within forty-five days after the election, or at such time as the Congress shall direct, the official custodian of the election returns of each State shall prepare, sign, certify, and transmit sealed to the seat of the Government of the United States, directed to the President of the Senate, a list of all persons for whom votes were cast for President and a separate list of all persons for whom votes were cast for Vice President. Upon each such list there shall be entered the number of votes cast for each person whose name appears thereon, the total number of votes cast for all such persons, and the name of the person for whom the electoral votes of such State are cast.

"SEC. 3. 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 the certificates and the votes shall then be counted. The person having the greatest number of votes for President shall be the President, and the person having the greatest number of votes for Vice President shall be the Vice President, if such number be a majority of the whole number of electoral votes. If no person has a majority of the whole number of electoral votes for President or Vice President, then from the persons not exceeding three, having the highest number of electoral votes for such office, the Senate and the House of Representatives sitting in joint session shall choose such officer immediately by ballot. The vote of each Member of each House shall be publicly announced and recorded. A quorum for this purpose shall consist of three-fourths of the whole number of the Senators and Representatives, and the person receiving the greatest number of votes shall be chosen.

"SEC. 4. 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 or a Vice President whenever the right of choice shall have devolved upon them, and for the case of death of any person who, except for his death, would have been entitled to receive a majority of the electoral votes for President or for Vice President.

"SEC. 5. The first, second, and third paragraphs 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. 6. This article shall take effect on the 10th day of February following its ratification, but 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 113

Senate Joint Resolution 113 (by Mr. Kefauver) abolishes the electoral college but preserves the electoral votes of each State. The electoral votes of each State are cast for the person receiving the greatest number of popular votes. Voters in each State shall have the qualifications requisite for voting for members of the most numerous branch of the State legislature. If no person receives a majority of the electoral votes, the Senate and House of Representatives in joint session elect from the three highest candidates, with three-fourths of the combined membership constituting a quorum, and a plurality of the votes cast being sufficient to elect.

S.J. RES. 114

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:

"ARTICLE

"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.

"SEC. 2. The electoral college system of electing the President and Vice PresiIdent of the United States is hereby abolished. The President and Vice President shall be elected by the people of the several States. 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 by law make or alter such regulations. 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. 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.

"SEC. 3. 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. 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.

"SEC. 4. Within forty-five days after the election, the official custodian of the election returns 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 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. The person having the greatest number of electoral votes for President shall be the President, if such number is at least 35 per centum of the whole number of the electoral votes. If no person has at least 35 per centum of the whole number of such electoral votes, then from the persons having the two highest numbers on the list of those receiving electoral votes for President, the House of Representatives shall choose the President. The person having the greatest number of electoral votes for Vice President shall be the Vice President, if such number is at least 35 per centum of the whole number of such electoral votes. If no person has at least 35 per centum of the whole number of such electoral votes, then from the persons having the two highest numbers on the list of those receiving electoral votes for Vice President, the House of Representatives shall choose the Vice President. A quorum of the House of Representatives for the purpose of choosing a President or Vice President shall consist of two-thirds of the whole number of Representatives. Each Member shall have one vote, and a majority of the whoe number shall be necessary to a choice. No person constitutionally ineligible for the

office of President shall be eligible for that of Vice President of the United States.

"SEC. 5. The Congress may by law provide for the case of the death of any of the persons from whom the House of Representatives may choose a President or Vice President whenever the right of such choice shall have devolved upon them.

"SEC. 6. 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. 7. This article shall take effect on the tenth day of February following its ratification.

"SEC. 8. 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 is submission to the States by the Congress."

SUMMARY OF SENATE JOINT RESOLUTION 114

Senate Joint Resolution 114 (by Mr. Case of New Jersey) abolishes the electoral college but preserves the electoral votes of each State. The place and manner of elections are to be prescribed by the State legislatures subject to change by Congress. Voters in each State shall have the qualifications requisite for electors of the most numerous branch of the State legislature. The person receiving the highest number of popular votes in a State receives its electoral votes. If no person receives 35 percent of the whole number of electoral votes, the House of Representatives elects from the three highest candidates, with each member of the House having one vote, a quorum consisting of two-thirds of the House, and a majority of the whole number of the House necessary to elect.

Mr. KIRBY. I should like to insert in the record the Federal constitutional provisions governing the election of President and Vice President.

Senator KEFAUVER. They will be made a part of the record at this point.

(The document referred to follows:)

PROVISIONS OF THE U.S. CONSTITUTION GOVERNING ELECTION OF PRESIDENT AND VICE PRESIDENT

ARTICLE II

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 follows:

Each State shall appoint, in such Manner as the Legislature thereof may di rect, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress; but no Senator or Representative, or person holding an Office of Trust or Profit under the United States, shall be appointed an Elector.

The Congress may determine the Time of choosing the Electors, and the Day on which they shall give their Votes; which Day shall be the same throughout the United States.

AMENDMENT XII

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 persons voted for as President, and in distinct ballots the persons 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 Presi

70784-61-pt. 1-3

dent of the Senate shall, in 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.

AMENDMENT XX

SECTION 1. The terms of the President and Vice President shall end at noon on the 20th day of January, and the terms of Senators and Representatives at noon on the 3d day of January, of the years in which such terms would have ended if this article had not been ratified; and the terms of the successors shall then begin.

SECTION 2. The Congress shall assemble at least once in every year, and such meeting shall begin at noon on the 3d day of January, unless they shall by law appoint a different day.

SECTION 3. If, at the time fixed for the beginning of the term of the President, the President elect shall have died, the Vice President elect shall become President. If a President shall not have been chosen before the time fixed for the beginning of his term, or if the President elect shall have failed to qualify, then the Vice President elect shall act as President until a President shall have qualified; and the Congress may by law provide for the case wherein neither a President elect nor a Vice President elect shall have qualified, declaring who shall then act as President, or the manner in which one who is to act shall be selected, and such person shall act accordingly until a President or Vice President shall have qualified.

SECTION 4. The Congress may by law provide for the case of the death of any of the persons from whom 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 may choose a Vice President whenever the right of choice shall have devolved upon them.

SECTION 5. Sections 1 and 2 shall take effect on the 15th day of October following the ratification of this article.

SECTION 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 several States within seven years from the date of its submission.

AMENDMENT XXIII

SECTION 1. The District constituting the seat of Government of the United States shall appoint in such manner as the Congress may direct:

A number of electors of President and Vice President equal to the whole number of Senators and Representatives in Congress to which the District would be entitled if it were a State, but in no event more than the least populous State; they shall be in addition to those appointed by the States, but they shall be considered, for the purposes of the election of President and Vice President, to beelectors appointed by a State; and they shall meet in the District and perform such duties as provided by the twelfth article of amendment.

SEC. 2. The Congress shall have power to enforce this article by appropriatelegislation.