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“ARTICLE –

"SECTION 1. Each State shall choose a number of electors of President and Vice President equal to the whole

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number of Senators and Representatives to which the State

5 may be entitled in the Congress; but no Senator or Repre

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sentative, or person holding an office of trust or profit under

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"Two electors of each State shall be elected by the

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people thereof. Each of the other electors of a State shall

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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.

“The electors shall meet in their respective States, fill 24 any vacancies in their number as directed by the State legis

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lature, and vote by signed ballot for President and Vice 1 President, one of whom, at least, shall not be an inhabitant

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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

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shall make distinct lists of all persons voted for as Presi

6 dent, and of all persons voted for as Vice President, the

7 number of votes for each, and the name and electoral dis

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8 trict, if any, of each elector who cast his vote for each such 9 person, which lists they shall sign and certify, and transmit

sealed to the seat of government of the United States, di

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

accordance with his declaration. The person having the

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greatest number of electoral votes for President shall be the 18 President, and the person having the greatest number of 19 electoral votes for Vice President shall be the Vice Presi

dent. If two persons have the same total number of electoral votes for President, which number is greater than the number received by any other person, the one having the greatest number of votes cast by electors chosen from elec

toral districts shall be President, or Vice President, as the

case may be. If both of such persons have the same number

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 imme

4 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 twenty-
16 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

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20 perform the same duties, as candidates for elector and

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 Presi25 dent are to be chosen.”

2017 CONGRESS S. J. RES. 72

91st CONGRESS

1st SESSION

IN THE SENATE OF THE UNITED STATES

March 7, 1969 Mr. HATFIELD 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

relating to the nomination and election of the President and

Vice President of the United States. i Resolved by the Senate and House of Representatives 2 of the United States of America in Congress assembled (two

3 thirds of each House concurring therein), That the following

4 article is proposed as an amendment to the Constitution of 5 the United States, which shall be valid for all intents and 6 purposes as part of the Constitution when ratified by the 7 legislatures of three-fourths of the several States :

"ARTICLE — “SECTION 1. The executive power shall be vested in a 10 President of the United States of America. He shall hold his

1 office during the term of four years and, together with the 2 Vice President, chosen for the same term, be elected as

3 provided in this Constitution.

“SEC. 2. The official candidates of political parties for 5 President shall be nominated at a primary election by direct 6 popular vote. Voters in each State shall have the qualifica7 tions hereafter in this article provided, but, in the primary 8 election each voter shall be eligible to vote only in the pri9 mary of the party of his registered affiliation. 10 "SEC. 3. No person shall be a candidate for nomination 11 as a candidate for President except in the primary of the 12 party of his registered affiliation, and his name shall be on 13 that party's ballot in all the States if he shall have filed at 14 the seat of the Government of the United States with the 15 President of the Senate one or more petitions in support of 16 his candidacy and the President of the Senate shall have 17 determined that he is qualified under this article as a can18 didate for such nomination. A person shall be qualified as 19 a candidate for such nomination only if (1) petitions so 20 filed in support of his candidacy have been signed, on or

after the 1st day in January of the year in which the next

primary election for President is to be held, by a number of 23 qualified voters, in any or all of the several States and the 24 District of Columbia, equal in number to at least 1 per centum 25 of the total number of votes cast throughout the United

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