Twelfth
Amendment
Proposed
on December 9, 1803. Ratified on June 15, 1804.
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 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 appointed;
and if no person have such a majority,
then, from the persons having the highest
numbers, not exceeding three, on the list
of those voted for a President, the House
of Representative 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] the
Vice President shall act as President, as
in case of 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,
form 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; 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.
Order
of State Ratification
North
Carolina |
Dec
21, 1803 |
Maryland |
Dec
24, 1803 |
Kentucky |
Dec
27, 1803 |
Ohio |
Dec
30, 1803 |
Pennsylvania |
Jan
5, 1804 |
Vermont |
Jan
30, 1804 |
Virginia |
Feb
3, 1804 |
New
York |
Feb
10, 1804 |
New
Jersey |
Feb
22, 1804 |
Rhode
Island |
Mar
12, 1804 |
South
Carolina |
May
15, 1804 |
Georgia |
May
19, 1804 |
New
Hampshire |
Jun
15, 1804 |
Tennessee |
Jul
27, 1804 |
Denotes
last state required for ratification. |
|
References
and Articles |
|
Election
of President
The
Presidential Succession
Presidential
Selection and the Philadelphia Convention
Proposals
for Electoral College Reform
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