appropriate document the names of the two persons on the party's ballot for nomination for Vice President and the number of votes cast in such State for each, which documents 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 person receiving the majority of popular votes for President in a runoff election to elect a nominee for President shall be the official candidate of such political party for President throughout the United States. The person receiving the majority of popular votes for Vice President in a runoff election to elect a nominee for Vice President shall be the official candidate of such political party for Vice President throughout the United States. "SEC. 5. In the event a person shall receive in any such primary election, as the result of write-in votes, a majority of the total number of votes cast by the voters of the party of his registered affiliation for nominees for President and a majority of the total number of votes cast by such voters for nominees for Vice President, such person shall declare which nomination he accepts; and a runoff election shall be conducted for the nomination such person does not accept between the two persons who received the next highest number of votes for such nomination. "In the event a person shall receive in any such primary election, as the result of write-in votes, the highest or second highest number of votes cast by the voters of the party of his registered affiliation for nominees for President (and no person receives a majority) and the highest or second highest number of votes cast by such voters for nominees 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 4 of this article and such person may not be a candidate for nomination for the other office. The runoff election for the nomination 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 primary election, as the result of write-in votes, a majority of the total number of votes cast by the voters of the party of his registered affiliation for nominees for President and the highest or second highest number of votes cast by such voters for nominees for Vice President (and no person receives a majority), or such person receives a majority of the total number of votes cast for nominees for Vice President and the highest or second highest number of votes cast of nominees for President (and no person receives a majority), such person may, in either such case, accept a nomination for 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 nomination for 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 4 of this article for the office for which he received the highest or second highest number of votes. If such person refuses the nomination for an 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 4 of this article. "If, in any case in which a runoff election would otherwise be held, only one candidate of a party remains for nomination for President or Vice President, as the case may be, such candidate shall be the official candidate of such party for such office and no runoff election shall be conducted for such office. "SEC. 6. In the event of the death or resignation of the official candidate of any political party for President, the person nominated by such political party for Vice President shall be the official candidate of such party for President. In the event of the deaths or resignations of the official candidates of any political party for President and Vice President, or in the event of the death or resignation of the official candidate of any political party for Vice President, a national committee of such party shall designate such candidate or candidates, who shall then be deemed the official candidate or candidates of such party, but in choosing such candidate or candidates the vote shall be taken by States, the delegation from each State having one vote. A quorum for such purposes shall consist of a delegate or delegates from two-thirds of the States, and a majority of all States shall be necessary to a choice. "SEC. 7. The electoral college system of electing the President and Vice President of the United States is hereby abolished. The President and Vice President of the United States shall be elected at a general election by the people of the several States by direct popular vote of the qualified voters in each State who shall have the qualifications requisite for electors of the most numerous branch of the State legislature. The time of such election shall be the same throughout the United States, and unless the Congress shall by law appoint a different day, such election shall be held on the first Tuesday after the first Monday in November in the year preceding the expiration of the regular term of the President and Vice President. The names of candidates officially nominated in primaries as herein provided, and only such names, shall appear upon the official ballot in every State for the offices of President and Vice President; but the foregoing shall not, except in the case of a runoff election, prohibit the names of a candidate for President, or the name of any other person, from being written on the ballot by the voters for Vice President or the name of a candidate for Vice President, or the name of any other person, from being written on the ballot by the voters for President. "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 forthwith 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 hereof to the States by the Congress." SUMMARY OF SFNATE JOINT RESOLUTION 1 Senate Joint Resolution 1 (introduced by Senator Smith of Maine with Senators Beall, Chavez, Morse, and Aiken as cosponsors) abolishes the electoral college. It provides for direct election of the President and Vice President by popular vote and nomination of candidates by national primaries. In both primaries and the general election, runoff elections are held if no candidate receives a majority. S.J. RES. 2 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 an amendment is hereby proposed to the Constitution of the United States which shall be valid to all intents and purposes as part of the Constitution when ratified by three-fourths of the legislatures of the several States. Said amendment shall be as follows: "SECTION 1. The executive power shall be vested in a President of the United States of America. He shall hold his office during the term of four years, and together with the Vice President, chosen for the same term, be elected as provided in this Constitution. "The electoral college system of electing the President and Vice President of the United States is hereby abolished. The President and Vice President shall be elected by the people of the several States. The electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State legislature. 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. Each State shall be entitled to a number of electoral votes equal to the whole number of Senators and Representatives to which such State may be entitled in the Congress. Within forty-five days after such election, or at such time as the Congress shall direct, the official custodian of the election returns of each State shall make distinct lists of all persons for whom votes were cast for President and the number of votes for each, and the total vote of the electors of the State for all persons for President, 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. 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. 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. In making the computations, fractional numbers less than one one-thousandth shall be disregarded unless a more detailed calculation would change the result of the election. person having the greatest number of electoral votes for President shall be President. If two or more persons shall have an equal and the highest number of such votes, then the one for whom the greatest number of popular votes were cast shall be President. The "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. 2. Paragraphs 1, 2, and 3 of section 1, article II, of the Constitution, and the twelfth article of amendment to the Constitution, are hereby repealed. "SEC. 3. This article shall take effect on the 10th day of February following its ratification. "SEC. 4. 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." SUMMARY OF SENATE JOINT RESOLUTION 2 Senate Joint Resolution 2 (by Senator Johnston) abolishes the electroal college but retains the electoral votes of the States and provides for porportional division of each State's electoral votes. The candidate receiving the highest number of electoral votes is elected. S.J. RES. 4 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 an amendment is hereby proposed to the Constitution of the United States which shall be valid to all intents and purposes as part of the Constitution when ratified by three-fourths of the legislatures of the several States. Said amendment shall be as follows: "ARTICLE "SECTION 1. The executive power shall be vested in a President of the United States of America. He shall hold his office during the term of four years, and together with the Vice President, chosen for the same term, be elected as provided in this Constitution. "The electoral college system of electing the President and Vice President of the United States is hereby abolished. The President and Vice President shall be elected by the people of the several States. The electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State legislature. 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. Each State shall be entitled to a number of electoral votes equal to the whole number of Senators and Representatives to which such State may be entitled in the Congress. "Within forty-five days after such election, or at such time as the Congress shall direct, the official custodian of the election returns of each State shall make distinct lists of all persons for whom votes were cast for President and the number of votes for each, and the total vote of the electors of the State for all persons for President, 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 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 certificates and the 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. In making the computations, fractional numbers less than one one-thousandth 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 have at least 40 per centum of the whole number of electoral votes, then from the persons having the two highest numbers 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. "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 whenever the right of choice shall have devolved upon them, and for the case of the death of any of the persons from whom the Senate and the House of Representatives may choose a Vice President whenever the right of choice shall have devolved upon them. "SEC. 2. Paragraphs 1, 2 and 3 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 of the Constituion, are hereby repealed. "SEC. 3. This article shall take effect on the tenth day of February following its ratification. "SEC. 4. This article shall be inoperative unless it shell 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." SUMMARY OF SENATE JOINT RESOLUTION Senate Joint Resolution 4 (by Senator Dodd) abolishes the electoral college and provides for division of each State's electoral votes in proportion to the popular votes received by each candidate. If no candidate receives 40 percent of the whole electoral vote, the Senate and House of Representatives, assembled together and voting as individuals, elect from the two highest candidates. A majority of the combined authorized votes is necessary for election. S.J. RES. 9 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 |