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91ST CONGRESS 1ST SESSION

S. J. RES. 72

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.

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Resolved by the Senate and House of Representatives 2 of the United States of America in Congress assembled (two3 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

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purposes as part of the Constitution when ratified by the

7 legislatures of three-fourths of the several States:

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"ARTICLE

"SECTION 1. The executive power shall be vested in a

10 President of the United States of America. He shall hold his

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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.

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"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 primary of the party of his registered affiliation.

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"SEC. 3. No person shall be a candidate for nomination as a candidate for President except in the primary of the

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

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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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1 States for all candidates for President (or, in the case of 2 the primary election first held after the ratification of this 3 article, for electors of President and Vice President) in the 4 most recent previous presidential election, and (2) such 5 petitions are filed with the President of the Senate not later 6 than the 1st day of March of the year in which the next 7 primary election for President is to be held, unless the Con8 gress shall by law appoint a different day.

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"Upon request made to the chief executive of any State or the District of Columbia by any person on whose behalf 11 any such petition bearing signatures of residents of that 12 State or District has been prepared in any year, the chief 13 executive shall determine, and certify to the President of the 14 Senate, the number of signatures appearing on such petition which are valid signatures of qualified voters of that State 16 or District which have been placed upon that petition on or 17 after the 1st day of January of that year.

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"On or before the 15th day of March of each year in 19 which a primary election is to be conducted for the nomina20 tion of candidates for President, unless the Congress shall by 21 law appoint a different day, the President of the Senate shall 22 certify to the chief executive of each State and the District of 23 Columbia the name of each person who has qualified under 24 this article as a candidate for such nomination and the name 25 of the political party of such person.

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"SEC. 4. The time of the primary election for the nomi

2 nation of candidates for President shall be the same through

3 out the United States, and, unless the Congress shall by law 4 appoint a different day, such primary election shall be held 5 on the third Tuesday after the third Monday in May in the year preceding the expiration of the regular term of President 7 and Vice President.

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"SEC. 5. Within twenty days after the primary elec9 tion, or at such time as the Congress may prescribe by law, 10 the chief executive of each State and the District of Colum11 bia shall make distinct lists of all persons of each political party for whom votes were cast, and the number of votes for 13 each such person, which lists shall be signed, certified, and 14 transmitted under the seal of such State or District to the 15 Government of the United States directed to the President of the Senate, who, in the presence of the Speaker of the House 17 of Representatives and the majority and minority leaders of both Houses of the Congress, shall forthwith open all cer

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tificates, count the votes, and cause to be published in an 20 appropriate publication the aggregate number of votes cast 21 for each person by the voters of the party of his registered 22 affiliation. The person who shall have received the greatest 23 number of votes cast by the voters of the party of his regis24 tered affiliation in all States and the District of Columbia 25 shall be the official candidate of such party for President

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1 throughout the United States, if such number be a plurality

2 amounting to at least 40 per centum of the total number of

3 such votes cast.

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"If no person receives at least 40 per centum of the total 5 number of votes cast for candidates for nomination for 6 President by the voters of a political party, the Congress 7 shall provide by law, uniform throughout the United States, 8 for a runoff election which shall be held, unless the Congress 9 shall by law appoint a different day, on the third Tuesday 10 after the third Monday in July next following the primary 11 election, between the two persons who received the greatest 12 number of votes cast for candidates for the presidential 13 nomination by voters of such political party in the primary 14 election. No person ineligible to vote in the primary elec15 tion of any political party shall be eligible to vote in a runoff 16 election of such political party.

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"The result of any such runoff election shall be ascer18 tained and declared in the manner provided by this section 19 with respect to the primary election the result of which

20 provided the occasion for such runoff election.

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"Immediately upon the ascertainment of the name of 22 the candidate of each political party for President, the 23 President of the Senate shall certify the name of such

24 candidate and party to the chief executive of each State 25 and the District of Columbia.

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