5 1 and for the case of death of any of the persons from whom 2 the Senate and the House of Representatives may choose a 3 Vice President whenever the right of choice shall have de4 volved upon them. The Congress shall have power to enforce 5 this article by appropriate legislation. 6 "SEC. 7. The following provisions of the Constitution 7 are hereby repealed: paragraphs 1, 2, 3, and 4 of section 1, 8 article II; the twelfth article of amendment; section 4 of the 9 twentieth article of amendment; and the twenty-third ar10 ticle of amendment. 11 "SEC. 8. This article shall take effect on the 1st day 12 of February following its ratification, except that this article 13 shall be inoperative unless it shall have been ratified as an 14 amendment to the Constitution by the legislatures of three15 fourths of the States within seven years from the date of its 16 submission to the States by the Congress.". 91ST CONGRESS 1ST SESSION S. J. RES. 71 IN THE SENATE OF THE UNITED STATES MARCH 7, 1969 Mr. CURTIS introduced the following joint resolution; which was read twice and referred to the Committee on the Judiciary JOINT RESOLUTION Proposing an amendment to the Constitution of the United States providing for the election of the President and Vice President, and Members of Congress. 1 Resolved by the Senate and House of Representatives 2 of the United States of America in Congress assembled 3 (two-thirds of each House concurring therein), That the 4 following article is proposed as an amendment to the Con5 stitution of the United States which shall be valid to all 6 intents and purposes as part of the Constitution if ratified 7 by the legislatures of three-fourths of the several States 8 within seven years from the date of its submission by the 9 Congress: 1 2 2 "ARTICLE "SECTION 1. Each State shall choose a number of 3 electors of President and Vice President equal to the whole 4 number of Senators and Representatives to which the State 5 may be entitled in the Congress; but no Senator or Repre6 sentative, or person holding an office of trust or profit under 7 the United States, shall be chosen an elector. 8 "Two electors of each State shall be elected by the 9 people thereof. Each of the other electors of a State shall 10 be elected by the people of an electoral district formed by 11 the legislature of the State. Electoral districts within each 12 State shall be of compact and contiguous territory contain13 ing substantially equal numbers of inhabitants, and shall not 14 be altered until another census of the United States has 15 been taken. Each candidate for the office of elector of 16 President and Vice President shall file in writing under 17 oath a declaration of the identity of the persons for whom 18 he will vote for President and Vice President, which dec19 laration shall be binding upon any successor to his office. 20 In choosing electors the voters in each State shall have the 21 qualifications requisite for electors of the most numerous 22 branch of the State legislature. 23 "The electors shall meet in their respective States, fill 24 any vacancies in their number as directed by the State legis25 lature, and vote by signed ballot for President and Vice 29-018 O 69-44 3 1 President, one of whom, at least, shall not be an inhabitant 2 of the same State with themselves; they shall name in their 3 ballots the person voted for as President, and in distinct 4 ballots the person voted for as Vice President; and they 5 shall make distinct lists of all persons voted for as Presi6 dent, and of all persons voted for as Vice President, the 7 number of votes for each, and the name and electoral dis8 trict, if any, of each elector who cast his vote for each such 9 person, which lists they shall sign and certify, and transmit 10 sealed to the seat of government of the United States, di11 rected to the President of the Senate. The President of the 12 Senate shall, in the presence of the Senate and the House of 13 Representatives, open all the certificates and the votes shall 14 then be counted. Any vote cast by an elector contrary to the 15 declaration made by him shall be counted as a vote cast in 16 accordance with his declaration. The person having the greatest number of electoral votes for President shall be the 17 18 President, and the person having the greatest number of 19 electoral votes for Vice President shall be the Vice Presi20 dent. If two persons have the same total number of electoral 21 votes for President, which number is greater than the num22 ber received by any other person, the one having the greatest number of votes cast by electors chosen from elec24 toral districts shall be President, or Vice President, as the 23 25 case may be. If both of such persons have the same number 4 1 of votes cast by electors from such districts, then from such 2 two persons the Senate and House of Representatives 3 together, each Member having one vote, shall choose imme4 diately, by ballot, the President. A quorum for such purpose 5 shall be three-fourths of the whole number of the Senators 6 and Representatives, and a majority of the whole number 7 shall be necessary to a choice. 8 "If two persons have the same number of electoral 9 votes for Vice President, which number is greater than the 10 number received by any other person, the Vice President 11 shall be chosen from such two persons in the same manner 12 as herein provided for choosing the President. But no person 13 constitutionally ineligible to the office of President shall be 14 eligible to that of Vice President of the United States. 15 "SEC. 2. Electors appointed pursuant to the twenty16 third article of amendment to this Constitution shall be 17 elected by the people of such district in such manner as the 18 Congress may direct. Candidates for elector and electors 19 of such district shall have the same obligations, and shall 20 perform the same duties, as candidates for elector and 21 electors of the several States under this article. 22 "SEC. 3. This article shall take effect on the 1st day 23 of February in the first year which begins after the date of 24 its ratification in which electors of President and Vice Presi |