"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 forthwih 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 thereof to the States by the Congress."

[S.J. Res. 7, 90th Cong., first sess.]

JOINT RESOLUTION Proposing an amendment to the Constitution of the United States relating to the election of the President and Vice President.

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 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 3 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 numerons branch of the State legislature.

"The 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.

"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.

"Within forty-five days after the election, or at such time as the Congres 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. and the total number of votes cast in such State for all persons whose names appear thereon.

"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 electoral 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, and each person for whom votes were cast for Vice 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 Vice President. In making the computations, fractional numbers less than one thousand 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 has at least 40 per centum of the whole number of electoral votes, then from the persons having the three highest number 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.

"SEC. 4. If, at the time fixed for the counting of the electoral votes as provided in section 3, the presidential candidate who would have been entitled to receive a majority of the electoral votes for President has died, the vice-presidential candidate who is entitled to receive the majority of the electoral votes for Vice President shall become President-elect.

"SEC. 5. The Congress may by law provide for the case of the death of any of the persons from whom the Senate and 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 both the presidential and vice-presidential candidates who, except for their death, would have been entitled to become President and Vice President.

"SEC. 6. The first, second, third, and fourth 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. 7. 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."

[S.J. Res. 12, 90th Cong., first sess.]

JOINT RESOLUTION Proposing an amendment to the Constitution of the United States providing for the election of the President and Vice President

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 if ratified by the legislatures of three-fourths of the several States within seven years from the date of its submission by the Congress:

"ARTICLE

"SECTION 1. Each State shall choose a number of electors of President and Vice President 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 chosen an elector.

"The electors to which a State is entitled by virtue of its Senators shall be elected by the people thereof, and the electors to which it is entitled by virtue of its Representatives shall be elected by the people within single-elector districts established by the legislature thereof; such districts to be composed of compact and contiguous territory, containing as nearly as practicable the number of persons which entitled the State to one Representative in the Congress; and such districts when formed shall not be altered until another census has been

taken. Before being chosen elector, each candidate for the office shall officially declare the persons for whom he will vote for President and Vice President. which declaration shall be binding on any successor. In choosing electors of President and Vice President the voters in each State shall have the qualifications requisite for electors of the most numerous branch of the State legislature. except that the legislature of any State may prescribe lesser qualifications with respect to residence therein.

"The electors shall meet in their respective States, fill any vacancies in their number as directed by the State legislature, and vote by signed 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. excluding therefrom any votes for persons other than those named by an elector before he was chosen, unless one or both of the persons so named be deceased, which lists they shall sign and certify, and transmit sealed to the seat of 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 the 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 chosen; and the person having the greatest number of votes for Vice President shall be the Vice Presi dent, if such a number be a majority of the whole number of electors chosen. "If no person voted for as President has a majority of the whole number of electors, then from the persons having the three highest numbers on the lists of persons voted for as President, the Senate and the House of Representatives, assembled and voting as individual Members of one body, shall choose immedi ately, by ballot, the President; a quoroum for such purpose shall be three-fourths of the whole number of the Senators and Representatives, and a majority of the whole number shall be necessary to a choice; if additional ballots be necessary, the choice on the fifth ballot shall be between the two persons having the highest number of votes on the fourth ballot.

"If no person voted for as Vice President has a majority of the whole number of electors, then the Vice President shall be chosen from the persons having the three highest numbers on the lists of persons voted for as Vice President in the same manner as herein provided for choosing the President. But no person constitutionally ineligible to the office of President shall be eligible to that of Vice President of the United States.

"SEC. 2. 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.

"SEC. 3. This article supersedes the second and fourth 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. Except as herein expressly provided, this article does not supersede the twentythird article of amendment.

"SEC. 4. Electors appointed pursuant to the twenty-third article of amendment to this Constitution shall be elected by the people of such district in such manner as the Congress may direct. Before being chosen as such elector, each candidate shall officially declare the persons for whom he will vote for President and Vice President, which declaration shall be binding on any successor. Such electors shall meet in the district and perform the duties provided in section 1 of this article.

"SEC. 5. This article shall take effect on the 1st day of July following its ratification."

[S.J. Res. 15, 90th Cong., first sess.]

JOINT RESOLUTION Proposing a nationwide popular vote for election of the President and Vice President of the United States

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 are part of the Constitution when ratified by the legislatures of three-fourths of the 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, shall be elected at a general election by the people of the several States and the District of Columbia by direct popular vote. No person constitutionally ineligible for the office of President shall be eligible for that of Vice President of the United States.

"The Congress shall determine the time of such election, which day 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 that in which the regular term of the President and Vice President expires.

"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, except that in each State and the District of Columbia no person who has not reached the eighteenth anniversary of his day of birth, on or before the date of election, shall be permitted to vote for President and Vice President. 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 establish voting requirements for persons voting in such election in the District of Columbia and shall prescribe the places and manner of holding such election therein. The candidates for the offices of President and Vice President shall be selected in such manner as the Congress shall be law provide. The names of the candidates so selected shall be placed on the ballot in each State and in the District of Columbia 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 the President and the candidate of the same party for the office of the Vice President.

"SEC. 2. Within forty-five days after such election, or at such time as Congress shall direct, the official custodian of election returns of each State and the District of Columbia shall make distinct lists of all persons for whom votes were cast for President and Vice President and the number of votes for each, 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 sixth day of January following 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 Senate and House of Representatives, open all certificates and the votes shall then be counted.

"The candidates for the offices of President and Vice President having the greatest number of votes, amounting to at least 40 per centum of the total popular votes cast, shall be President and Vice President, respectively.

"If none of the candidates for President and Vice President shall have at least 40 per centum of the total number of votes cast, then Congress shall provide by law, uniform throughout the United States, for a runoff election to be held between the two pairs of persons joined as candidates for President and Vice President, respectively, who received the highest number of votes cast. "SEC. 3. If, at the time fixed for the counting of the certified vote totals from the respective States, the presidential candidate who would have been entitled to election as President has died, the vice-presidential candidate entitled to election as Vice President shall become President.

"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, 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 the legislatures of three-fourths of the States, within seven years from the date of its submission to the States by Congress."

[S.J. Res. 21, 90th Cong., first sess.]

JOINT RESOLUTION Proposing an amendment to the Constitution of the United States relating to the election of President and Vice President

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled (two-thirds of each House concurring therein),