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What The Constitution
Says About The Electoral College...
Article. II., Section. 1.
Clause 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
Clause 2: Each State shall appoint,
in such Manner as the Legislature thereof may direct,
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.
Clause 3: The Electors shall
meet in their respective States, and vote by Ballot for
two Persons, of whom one at least shall not be an Inhabitant
of the same State with themselves. And they shall make
a List of all the Persons voted for, and of the Number
of Votes for each; which List 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 shall be the
President, if such Number be a Majority of the whole Number
of Electors appointed; and if there be more than one who
have such Majority, and have an equal Number of Votes,
then the House of Representatives shall immediately chuse
by Ballot one of them for President; and if no Person
have a Majority, then from the five highest on the List
the said House shall in like Manner chuse the President.
But in chusing 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. In every
Case, after the Choice of the President, the Person having
the greatest Number of Votes of the Electors shall be
the Vice President. But if there should remain two or
more who have equal Votes, the Senate shall chuse from
them by Ballot the Vice President.
(See Note 8)
Clause 4: The Congress may determine
the Time of chusing the Electors, and the Day on which
they shall give their Votes; which Day shall be the same
throughout the United States.
Clause 5: No Person except a
natural born Citizen, or a Citizen of the United States,
at the time of the Adoption of this Constitution, shall
be eligible to the Office of President; neither shall
any Person be eligible to that Office who shall not have
attained to the Age of thirty five Years, and been fourteen
Years a Resident within the United States.
Clause 6: In Case of the Removal
of the President from Office, or of his Death, Resignation,
or Inability to discharge the Powers and Duties of the
said Office, (See Note 9) the Same shall devolve on the
VicePresident, and the Congress may by Law provide for
the Case of Removal, Death, Resignation or Inability,
both of the President and Vice President, declaring what
Officer shall then act as President, and such Officer
shall act accordingly, until the Disability be removed,
or a President shall be elected.
Clause 7: The President shall,
at stated Times, receive for his Services, a Compensation,
which shall neither be encreased nor diminished during
the Period for which he shall have been elected, and he
shall not receive within that Period any other Emolument
from the United States, or any of them.
Clause 8: Before he enter on
the Execution of his Office, he shall take the following
Oath or Affirmation:"I do solemnly swear (or affirm)
that I will faithfully execute the Office of President
of the United States, and will to the best of my Ability,
preserve, protect and defend the Constitution of the United
States."
Amendment XII - Choosing the President, Vice-President.
Ratified 6/15/1804. Note: History The Electoral
College
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.
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