Proposals to Reform Our Presidential Electoral System: A Survey of the Historical Background and Development of the Electoral College, and a Compilation of Proposals to Reform It, With Pro and Con Analyses

Congressional research reportAug 1, 1984

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Text

LC 14*2/!L:9'1-/5~

port No.

84-150A

780 1107

PROPOSALS TO REFORM OUR PRESIDENTIAL ELECTORAL SYSTEM:

A SURVEY OF THE HISTORICAL BACKGROUND AND DEVELOPMENT

OF THE ELECTORAL COLLEGE, AND A COMPILATION OF

PROPOSALS TO REFORM IT, WITH PRO AND CON ANALYSES

GOVERNMENT DOCUMENTS

COUECTtON

Thomas M. Durbin

Legislative Attorney

American Law Division

August 1, 1980

Updated August 1, 1984

T h e Congressional Research Senice works exclusivelv for

the Congress, conducting research. analvzing legdaticn. and

providing information at the request of committees, hlernbers, and their staffs.

T h e Service makes such research available, without partisan bias, in many forms including studies, reports, compilations, digests, and background briefings. Upon request, CRS

assists committees in analyzing legslative proposals and

issues, and in assessing the possible effects of these proposals

and their alternatives. T h e Service's senior specialists and

subject analysts are also available for personal consultations

in their respective fields of expertise.

CRS -iii

ABSTRACT

Tnie report discusses the present nethod of e l e c t i n 6 the President by the

dlectoral Gollege.

This report discusses the various s t a t e laws relating t o the

nomination and e l e c t i o n of Presidential e l e c t o r s .

The various proposals t o reform

the 2resent system of e l e c t i n g the President are discussed.

EXECUTIVE

SUMMARY

This report is essentially concerned with the proposals to reform the

present Electoral College system. The first part of the report pertains to

the introduction, background, and history of the Elector a1 College The

problem of the faithless elector i s discussed. Also discussed a r e the procedures for filling any vacancy i f a presidential or vice presidential candidate o r a president-elect o r a vice president-elect were to die.

The second part concerns state laws that regulate the nomination and

election of presidential and vice presidential electors. The various methods

of appointing electors,whether by state party conventions, o r by state party

committees, o r by state party primaries, a r e examined. And summaries

of the various laws of the States and the District of Columbia a r e examined,

The third, fourth, and fifth parts of the report discuss in general the

movement for the reform of the Electoral College. The various arguments

favoring the retention of the present system a r e analyzed and contrasted with

the arguments against the present system.

The sixth part analyzes the four types of proposals to reform the present

Electoral College system, The four reformative proposals include: (1) the

direct election plan; ( 2 ) the district plan; ( 3 ) the proportional plan; and (4)

the automatic plan. The direct election plan would provide for the direct

election of the president and the vice president by the popular vote cast throughout the United States. The district plan would preserve the Electoral College

system and provide that electors be chosen by the voters from the districts

created within each with each state having in addition two at-large electors.

Under the proportional plan, the Electoral College would be abolished, and the

electors would be apportioned among the presidential and vice presidential

candidates according to the number of popular votes received, thereby

eliminating the winner-take-all aspect of the present system. And the automatic plan would abolish the Electoral College and simply award the electoral

votes of each state to the presidential and vice presidential candidates who

received the greatest number of popular votes in the state. P r o and con

arguments f o r each of these proposals a r e examined.

The seventh part examines recent congressional proposals f o r the reform

of the Electoral College. Proposals in the 94th, 95th, 96th, 97th, and 98th

Congresses a r e analyzed.

CRS -vii

CONTENTS

Abstract.~................................~...m..~....e.

.....................................

Introduction .......................................

General Election and Election of Electors.. .......

Contested Elections of Presidential Electors.. ....

Executive Summary

Certification of Electors Sent to Administrator

of General Services..

..........................

Persuading the Elected Electors.. ...............

Meeting of the Electoral College.. ................

Counting of Electoral Votes at a Joint Session of

Congress

.......................................6

Faithless Elector.. ............................ 9

Election Thrown Into House.. .................... 11

Absence of a Majority of Electoral Votes for a

Vice President..

............................... 17

Death of a Presidential Candidate o r President-. .

Elect..........................................

1. Death of a Presidential Candidate..

............ 19

2. Death of a President-Elect o r a Vice President-

Elect Before Inauguration..

................... 20

3. Death of Presidential and Vice Presidential

Candidates Not R.eceiving a Majority of Electoral

Votes Before the House and Senate Meet to Elect

Them.......................................

Failure to Elect By Inauguration Day.

............. 2 3

CRS -viii

and Vice President Being R.esidents

. ofPresident

Same State ....................................

. State Laws Concerning the Nomination and Election of

Presidential and Vice Presidential Electors .................... 25

A . Appointment of Electors .......................... 25

. State P a r t y Conventions ...........................28

C . State P a r t y Committees ........................... 28

D . State P a r t y P r i m a r i e s ............................ 29

. Summaries of State Laws Relating to the Nomina-

........... 30

III. Development of the Electoral College And Movement f o r Reform .. 112

IV . Arguments In Favor of Retaining the Present System ............ 117

V . Arguments Against the P r e s e n t System ........................ 120

VI . Proposals to Reform the Present System ...................... 127

A . Direct Election Plan ............................ 129

B . District Plan ................................... 151

C . Proportional Plan ............................... 164

D . Automatic Plan ................................. 180

tion and election of Presidential Electors

VII P r o p o s a l s in the 94th. 95th. 96th. 97th. and 98th Congresses

to Reform the P r e s e n t Method of Electing the President and

t h e v i c e President

..........................................190

A . 94th Congress Proposals ........................ 190

B . 95th Congress Proposals ........................ 195

C . 96th Congress Proposals ........................ 200

......................... 204

E. 98th Congress Proposals..... .,................... 208

D. 97th Congress Proposals..

PROPOSALS T O R.EF0R.M THE ELECTORAL COLLEGE

Introduction

G e n e r a l E l e c t i o n and E l e c t i o n of E l e c t o r s

The P r e s i d e n t of t h e United S t a t e s i s n o t e l e c t e d d i r e c t l y by t h e p e o p l e

a s a r e S e n a t o r s and R e p r e s e n t a t i v e s , b u t i n d i r e c t l y , by t h e E l e c t o r a l C o l l e g e ,

which i s composed of P r e s i d e n t i a l e l e c t o r s r h o a r e e l e c t e d d i r e c t l y by t h e people.

r h e d o n s t i t u t i o n of t h e United S t a t e s p r o v i d e s t h a t "Each S t a t e s h a l l app o i n t , i n s u c h manner as t h e L e g i s l a t u r e t h e r e o f may d i r e c t , a number o f e l e c t o r s , e q u a l t o t h e whole number of S e n a t o r s and R e p r e s e n t a t i v e s t o r h i c h t h e

S t a t e mag be e n t i t l e d i n Congress" (U.S.

C o n s t . , a r t . 11, $ l ) , and t h e twenty-

t h i r d amendment p r o v i d e s f o r e l e c t o r s from t h e D i s t r i c t of <olumbia.

A l l States

and t h e d i s t r i c t of Columbia p r o v i d e f o r " a p p o i n t m e n t " of e l e c t o r s t h r o u & h d i r e c t

e l e c t i o n by t h e p e o p l e .

I n 1984 t h e r e were 53 S t a t e s w i t h a t o t a l of 1 0 3 Sena-

t o r s and 4 3 5 R e p r e s e n t a t i v e s , p l u s t h r e e e l e c t o r s from t h e D i s t r i c t of i o l u m b i a ;

t h u s t h e t o t a l number of P r e s i d e n t i a l e l e c t o r s i n 1 9 8 4 was 538.

Under t h e c o n s t i t u t i o n , C o n g r e s s h a s t h e r e a p o n s i b i l i t j of s e t t i n g t h e d a t e

on which e l e c t o r s a r e c h o s e n and a l s o of s e t t i n g t h e d a t e on which s u c h e l e c t o r s

s h a l l meet and c a s t t h e i r v o t e s (U.S.

ionst.,

a r t . 11, $ 1 ) .

Longress, accord-

i n g l y , h a s s e t t h e Zuesday a f t e r t h e f i r s t rlondaj i n ~Vovenber i n e v e r y f o u r t h

y e a r a s t h e d a t e f o r c h o o s i n g t h e e l e c t o r s , and t h e f i r s t donday a f t e r t h e s e c o n d

gednesday i n December n e x t f o l l o w i n g t h e i r e l e c t i o n a s t h e d a t e o n which s u c h

e l e c t o r s s h a l l meet and c a s t t h e i r v o t e s ( 3 U.S.C.

3s 1,

7).

I n p r a c t i c e , i n e v e r y S t a t e e x c e p t Maine, t h e 2 o l i t i c a l p a r t y o b t a i n i n g a

9 l u r a l i t g of v o t e s , no m a t t e r how s m a l l , names t h e e n t i r e s l a t e of e l e c t o r s .

T h i s p r a c t i c e , however, i s n o t r e q u i r e d by t h e i o n s t i t u t l o n , and e a c h S t a t e i s

f r e e t o change i t a t w i l l .

tlaine i s t h e only S t a t e t h a t has a l a d t h a t provides

t h a t p r e s i d e n t i a l e l e c t o r s of e a c h c o n g r e s s i o n a l d i s t r i c t s h a l l c a s t t h e i r ball o t s f o r c a n d i d a t e s of P r e s i d e n t and f i c e P r e s i d e n t of t h e p o l i t i c a l p a r t y u h i c h

r e c e i v e d t h e l a r g e s t number of v o t e s i n e a c h c o n g r e s s i o n a l d i s t r i c t .

That s t a -

t u t e provides :

The Presidential Electors at large shall cast

their ballots for presidential and vice-presidential

candidates who received the largest number of votes

in the State. The Presidential Electors of each

congressional district shall cast their ballots for

presidential and vice-presidential candidates who

received the largest number of votes in each congressional district.

(Maine Rev. Stat. Ann., tit. 21,

sec. 1184 1-A)

G o n t e s t e d E l e c t i o n s of P r e s i d e n t i a l E l e c t o r s

r h e n e x t s t e p i s t h e c o u n t i n g of t h e b a l l o t s and t h e c a n v a s s i n g of t h e v o t e s

f o r $ r e s i d e n t i a l e l e c t o r s i n each S t a t e .

Congress h a s e n a c t e d two p r o v i s i o n s r e s p e c t i n g t h e e l e c t i o n of t h e e l e c t o r s

by t h e S t a t e s .

P i r s t , S e c t i o n L of t i t l e 3 , United S t a t e s Code, p r o v i d e s t h a t

unenever any S t a t e h a s h e l d a n e l e c t i o n f o r t h e purpose of c h o o s i n g e l e c t o r s ,

and h a s f a i l e d t o maice a c h o i c e on t n e d a j p r e s c r i b e d by l a w , t h e e l e c t o r s may

be a p p o i n t e d on a s u b s e q u e n t day i n s u c h a manner a s t h e l e g i s l a t u r e of s u c h

S t a t e mag d i r e c t .

Second, j e c t i o n 5 of t i t l e 3 , United S t a t e s Lode, p r o v i d e s t h a t where a

S t a t e h a s p r o v i d e d by l a w f o r t h e f i n a l d e t e r m i n a t i o n of any c o n t e s t o r c o n t r o v e r s y c o n c e r n i n g t h e a p p o i n t m e n t of i t s e l e c t o r s and s u c h d e t e r m i n a t i o n s h a l l

have been nade a t l e a s t s i x d a y s t h e p r i o r t o t i m 2 f i x e d f o r t h e m e e t i n g of t h e

e l e c t o r s , s u c h d e t e r m i n a t i o n s h a l l be c o n c l u s i v e and s h a l l govern i n t h e c o u n t i n g

of t h e e l a c t o r a l v o t e s a s p r o v i d e d i n t h e C o n s t i t u t i o n , and a s h e r e i n a f t e r r e g u l a t e d ,

so f a r a s t h e a s c e r t a i n m e n t of t h e e l e c t o r s a p p o i n t e d by s u c h S t a t e i s c o n c e r n e d .

r h e " h e r e i n a f t e r r e g u l a t e d " r e f e r s t o c o n g r e s s i o n a l r e j e c t i o n of a s l a t e of e l e c t o r s

d u r i n g t h e c o u n t i n g of t h e v o t e s by a j o i n t s e s s i a n of C o n g r e s s ( 3 U.S.C.

i 15).

C e r t i f i c a t i o n of E l e c t o r s S e n t t o ~ d m i n i s t r a t o rof G e n e r a l S e r v i c e s

Subsequent t o t h e f i n a l d e t e r m i n a t i o n of t h e p o p u l a r v o t e f o r e l e c t o r s i n

e a c h S t a t e and t h e d i s t r i c t oE i o l u m b i a ( i n c l u d i n g t h e r e s o l u t i o n of c o n t e s t s ) ,

t h e e x e c u t i v e of e a c h S t a t e s h a l l s e n d t o t h e A d m i n i s t r a t o r of G e n e r a l S e r v i c e s ,

under t h e s e a l o f t h e S t a t e , a c e r t i f i c a t e of a s c e r t a i n m e n t of t h e e l e c t o r s app o i n t e d , c o n t a i n i n g t h e names of t h e e l e c t o r s and t h e v o t e s g i v e n o r c a s t f o r

s u c h p e r s o n e l e c t e d . Gach S t a t e e x e c u t i v e s h a l l a l s o have d e l i v e r e d t o t h e e l e c t e d

e l e c t o r s of h i s S t a t e , s i x d u p l i c a t e o r i g i n a l s of t h e same c e r t i f i c a t e u n d e r t h e

s e a l of t h e S t a t e .

The c e r t i f i c a t e s r e c e i v e d by t h e A d m i n i s t r a t o r of G e n e r a l

S e r v i c e s s h a l l be p r e s e r v e d by him f o r one y e a r and s h a l l b e a p a r t of t h e p u b l i c

r e c o r d s of h i s o f f i c e and s h a l l b2 open t o p u b l i c i n s p e c t i o n .

The A d m i n i s t r a t o r

of G e n e r a l S e r v i c e s , a t t h e f i r s t m e e t i n g of C o n g r e s s t h e r e a f t e r , s h a l l t r a n s m i t

t o t h e t u o ilouses of Congress c o p i e s i n f u l l o f e a c h and e v e r y c e r t i f i c a t e s o

r e c e i v e d ( 3 U.S.C.

5 6).

Persuading t h e Elected Electors

I n most s t a t e s p r e s i d e n t i a l e l e c t o r s a r e bound by a p l e d g e o r o a t h t o supp o r t a p o l i t i c a l p a r t j ' s nominees f o r P r e s i d e n t and Vice P r e s i d e n t .

t h a t t h e c o n s t i t u t i o n a l p r o v i s i o n s of a r t i c l e LI,

that "[rlhe electors shall...

It i s argued

5 1 and t h e t w e l f t h amendment

v o t e by b a l l o t f o r P r e s i d e n t and Vice P r e s i d e n t . . . "

mean t h a t e l e c t o r s a r e f r e e and i n d e p e n d e n t i n c h o o s i n g t h e P r e s i d e n t and Vice

P r e s i d e n t and t h a t C o n g r e s s must c o u n t t h e v o t e s a s t n e j may be i n c l i n e d t o c a s t

tnem.

E l e c t o r s a r e c o n s t i t u t i o n a l l j f r e e t o c a s t t h e i r b a l l o t s f o r any person

t h e y nay d i s h and have o c c a s i o n a l l y done s o , and C o n g r e s s h a s c o u n t e d them.

The

power of e i t h e r Condress o r of t h e S t a t e s t o e n a c t l e g i s l a t i o n t o b i n d e l e c t o r s

t o v o t e f o r t h e c a n d i d a t e of t h e p a r t y on t h e t i c k e t on ~ h i c ht h e y r u n i s n o t

quite clear.

The Supreme 2 o u r t has o n l y c o n s i d e r e d t h e i s s u e once i n Rap v.

& l a i r , 343 J . S .

214, 228-231 (1952) which upheld a r u l e of t h e Democratic P a r t y

of ~ l a b a m a , which, was p a s s e d p u r s u a n t t o power d e l e g a t e d by t h e l e g i s l a t u r e and

r e q u i r e d z a c h c a n d i d a t e f o r o f f i c e of p r e s i d e n t i a l e l e c t o r t o t a k e a p l e d g e t o

s u p p o r t t h e nominees of t h e p a r t y ' s c o n v e n t i o n f o r P r e s i d e n t and Vice P r e s i d e n t .

I f a n i n f o r m a l e x a m i n a t i o n of t h e v o t i n g f o r p r e s i d e n t i a l e l e c t o r s i n d i c a t e s

t h a t no c a n d i d a t e f o r P r e s i d e n t r e c e i v e d a m a j o r i t y of t h e e l e c t o r a l v o t e s , i t

i s t h e o r e t i c a l l y 9 o s s i b l a t h a t b e f o r e t h e e l e c t o r s meet i n t h e i r r e s p e c t i v e S t a t e

e l e c t o r a l c o l l e g e s t o v o t e f o r P r e s i d e n t and Vice P r e s i d e n t , a t t e m p t s n i g h t be

made t o p e r s u a d e t h e e l e c t o r s who p l a n t o v o t e f o r c a n d i d a t e A and t h e e l e c t o r s

r h o p l a n t o v o t e f o r c a n d i d a t e I3 t o g i v e a l l of t h e i r v o t e s t o o n e o r t h e o t h e r

of t h e two c a n d i d a t e s t h u s p r e s e n t i n g t h a t c a n d i d a t e w i t h a m a j o r i t y of e l e c t o r a l

votes.

I n t h e c l o s e e l e c t i o n of 1876, b e t r e e n Governor Samuel T i l d e n , of N e w

York (Democrat), and Governor R u t h e r f o r d B. Hayes, of Ohio ( K e p u b l i c a n ) , i t was

r e p o r t e d t h a t a t t e m p t s were made t o b r i b e a t l e a s t one R e p u b l i c a n e l e c t o r t o v o t e

f o r Mr. T i l d e n a n d c o n s e q u e n t l y g i v e him a m a j o r i t y o f t h e e l e c t o r a l v o t e s .

Edward Stanwood, "A d i s t o r y of t h e P r e s i d e n c y " ,

(See,

(1898), p. 381; A l e x a n d e r C. F l i c k ,

"Samuel J o n e s T i l d e n , a S t u d y i n P o l i t i c a l S a g a c i t y " , (1939), 335, 341, 346, 352.)

M e e t i n g of t h e E l e c t o r a l C o l l e g e

The C o n s t i t u t i o n a u t h o r i z e s Congress t o s e t t h e day r h e n t h e e l e c t o r s s h a l l

meet i n t h e i r r e s p e c t i v e e l e c t o r a l c o l l e g e s and v o t e f o r P r e s i d e n t and Vice P r e s i dent.

It r e q u i r e s t h a t t h e day be t h e same t h r o u g h o u t t h e n a t i o n (U.S.

a r t i c l e 11, 5 1, c l . 3 ) .

Const.

Congress h a s s e t t h e d a t e as t h e f i r s t Monday a f t e r t h e

second Wednesday i n December n e x t f o l l o w i n g t h e a p p o i n t m e n t of t h e e l e c t o r s a t

s u c h p l a c e i n e a c h S t a t e a s t h e l e g i s l a t u r e o f t h e S t a t e s h a l l d i r e c t ( 3 U.S.C.

7).

I n e a c h S t a t e t h e l e g i s l a t u r e h a s p r o v i d e d t h a t t h e e l e c t o r s s h a l l meet

a t t h e S t a t e c a p i t o l e i t h e r on t h e a p p o i n t e d day o r t h e day p r i o r t h e r e t o .

C o n g r e s s h a s p r o v i d e d t h a t e a c h s t a t e may, by l a w , p r o v i d e f o r t h e f i l l i n g

o f a n y v a c a n c i e s which may o c c u r i n i t s c o l l e g e o f e l e c t o r s when s u c h c o l l e g e

m e e t s t o g i v e i t s e l e c t o r a l v o t e ( 3 U.S.C.

S 4).

The S t a t e s h a v e u s u a l l y p r o v i d e d

t h a t a n y v a c a n c y i n t h e i r r e s p e c t i v e c o l l e g e s o f e l e c t o r s s h a l l b e f i l l e d by t h e

remaining e l e c t o r s .

When t h e e l e c t o r s seet i n t h e i r r e s p e c t i v e c o l l e g e s t n e y s h a l l v o t e f o r

P r e s i d e n t a n d Vice P r e s i d e n t , r e s p e c t i v e l y , i n t h e manner d i r e c t e d by t h e C o n s t i t u t i o n ( 3 U.S.C.

S d).

The t w e l f t h amendment of t h e C o n s t i t u t i o n p r o v i d e s t h a t

t h e e l e c t o r s s h a l l meet i n t h e i r r e s p e c t i v e S t a t e s a n d v o t e by b a l l o t f o r P r e s i d e n t a n d Vice P r e s i d e n t , one of whom, a t l e a s t , s h a l l n o t b e a n i n h a b i t a n t of

t h z same s t a t e w i t h t h e m s e l v e s .

They s h a l l name i n t h e i r b a l l o t s t h e p e r s o n

v o t e d a s P r e s i d e n t , a n d i n d i s t i n c t b a l l o t s t h e p e r s o n v o t e d f o r a s Vice P r e s i d e n t , a n d t h e y s h a l l make d i s t i n c t l i s t s o f a l l p e r s o n s v o t e d f o r a s P r e s i d e n t ,

and o f a l l 2 e r s o n s v o t e d f o r a s V i c e - p r e s i d e n t ,

a n d of t h e number o f v o t e s f o r

e a c h , r h i c h l i s t s t h e y s h a l l s i g n and c e r t i f y , and t r a n s m i t s e a l e d t o t h e s e a t

of government of t h e U n i t e d S t a t e s , d i r e c t e d t o t h e P r e s i d e n t of t h e S e n a t e .

C o n g r e s s h a s d i r e c t e d t h a t e a c h o f t h e e l e c t o r s s h a l l make a n d s i g n s i x c e t t i f i c a t e s o f a l l t h e v o t e s g i v e n by them, e a c h of ~ h i c hc e r t i f i c a t e s s h a l l c o n t a i n

two d i s t i n c t l i s t s , o n e o f t h e v o t e s f o r P r e s i d e n t a n d t h e o t h e r o f t h e v o t e s f o r

Vice P r e s i d e n t a n d s h a l l a n n e x t o e a c h of t h e c e r t i f i c a t e s o n e of t h e l i s t s of

t h e e l e c t o r s which s h a l l h a v e been f u r n i s h e d t o them by d i r e c t i o n o f t h e e x e c u t i v e

of t h e S t a t e ( 3 U.3.C.

S 9).

The e l e c t o r s i n e a c h S t a t e a n d t h e D i s t r i c t of Columbia s h a l l s e a l t h e c e r t i f i c a t e a n d c e r t i f y upon e a c h t h a t t h e l i s t s of a l l t h e v o t e s o f s u c h S t a t e g i v e n

f o r P r e s i d e n t a n d of a l l t h e v o t e s g i v e n f o r V i c e P r e s i d e n t , are c o n t a i n e d t h e r e i n

( 3 U.S.C

5 10).

The s i x c o p i e s of t h e c e r t i f i c a t e s of t h e v o t e s and t h e l i s t s a r e d i s t r i b u , t e d a s follows:

(1) One i s s e n t by r e g i s t e r e d m a i l t o t h e P r e s i d e n t of t h e S e n a t e .

( 2 ) Two a r e s e n t t o t h e s e c r e t a r y of s t a t e of t h e S t a t e where t h e e l e c t o r s

r e s p e c t i v e l y v o t e d ; one t o be h e l d s u b j e c t t o t h e o r d e r of t h e P r e s i d e n t of t h e

S e n a t e , t h e o t h e r t o be p r e s e r v e d by t h e p a r t i c u l a r S e c r e t a r y of S t a t e f o r one

year.

I t s h a l l be a p a r t of t h e p u b l i c r e c o r d s of h i s o f f i c e and s h a l l be open

t o public inspection.

( 3 ) 3n t h e day t h e r e a f t e r , t d o c o p i e s a r e s e n t t o t h e k d m i n i s t r a t o r of

G e n e r a l S e r v i c a s , one t o be h e l d s u b j e c t t o t h e o r d e r of t h e P r e s i d e n t of t h e

S e n a t e , and t h e o t h e r t o be p r e s e r v e d by t h e A d m i n i s t r a t o r f o r one y e a r t o be

a p a r t of t h e p u b l i c r e c o r d s of h i s o f f i c e and t o be open t o p u b l i c i n s p e c t i o n .

( 4 ) The f i n a l copy s h a l l be s e n t t o t h e judge of t h e d i s t r i c t c o u r t i n which

t h e e l e c t o r s have assembled ( 3 U.S.C.

$ 11).

I f t h e c o p i e s of t h e c e r t i f i c a t e of v o t e s and l i s t f a i l t o r e a c h t n e P r e s i d e n t of t h s S e n a t e a n d / o r t h e A d m i n i s t r a t o r of G e n e r a l S e r v i c e s i r o n any S t a t e

by t h e f o u r t h Jednesday i n December a f t e r t h e m e e t i n g of t h e e l e c t o r s s h a l l have

been h e l d , t h e P r e s i d e n t of t h e S e n a t e , o r i f h e i s a b s e n t from t h e s e a t of government, t h e k d m i n i s t r a t o r of G e n e r a l S e r v i c e s s h a l l r e q u e s t t h e S e c r e t a r y of t n e

S t a t e t o s e n d , by t h e most e x p e d i t i o u s method a v a i l a b l e , one copy of t h e c e r t i f i c a t e and l i s t lodged w i t h him.

I f t h e r e q u e s t i s made by t h e A d m i n i s t r a t o r of

G e n e r a l S e r v i c e s h e s h a l l t r a n s m i t t h e copy upon r e c e i p t t h e r e o f i m s e d i a t e l y t o

t h e P r e s i d e n t of t h e S e n a t e ( 3 U.S.2.

3 12).

I n t h e same c i r c u m s t a n c e s a r e q u e s t

day be made o f t h e J n i t e d S t a t e s d i s t r i c t c o u r t judge t o t r a n s m i t t h e copy of

him ( 3 U.S.C.

t h e c e r t i f i c a t e and l i s t lodged ~ i t h

13).

Counting of E l e c t o r a l Votes a t a J o i n t S e s s i o n of Congress

The t d e l f t h amendment p r o v i d e s t h a t t h e c e r t i f i c a t e s s h a l l be opened by t h e

P r e s i d e n t of t h e S e n a t e i n t h e 9 r e s e n c e of t h e S e n a t e and t h e House of Represent a t i v e s and t h e e l e c t o r a l v o t e s s h a l l be c o u n t e d .

S e c t i o n 1 of t w e n t i e t h amend-

a e n t p r o v i d e s t h a t t h e t e r m of a n e v l y e l e c t e d Congress s h a l l commence a t noon

on t h e t h i r d day of J a a u a r y .

Gongress nas p r o v i d e d t h a t i t s h a l l meet on t h e

s i x t h of J a n u a r y s u c c e e d i n g e v e r y m e e t i n g o f t h e e l e c t o r s t o c o u n t t h e v o t e s

C o n s e q u e n t l y , t h e v o t e s d i l l be c o u n t e d by t h e ned C o n g r e s s

c o n s i s t i n g of a newly e l e c t e d Xouse of R e p r e s e n t a t i v e s and a n e u l y e l e c t e d onet h i r d of t h e S e n a t e p l u s t w o - t h i r d s

of t h e S e n a t o r s whose t e r m s have n o t e x p i r e d .

C o n g r e s s h a s p r o v i d e d by s t a t u t e t h a t when t h e two chambers meet j o i n t l y

t h e r e s h a l l be two t e l l e r s from e a c h h o u s e , p r e v i o u s l y a p p o i n t e d , who s h a l l c o u n t

t h e v o t e s i n t h e h e a r i n g o f b o t h h o u s e s , commencing w i t h t h e f i r s t S t a t e a l p h a b e t i c a l l y , as t h e c e r t i f i c a t e s a r e opened by t h e P r e s i d e n t of t h e S e n a t e ( t h e

Vice P r e s i d e n t ) .

The r e s u l t o f t h e c o u n t i s g i v e n t o t h e P r e s i d e n t of t h e S e n a t e

who announces i t t o t h e j o i n t s e s s i o n .

Upon t h e r e a d i n g o f a c e r t i f i c a t e from e a c h S t a t e t h e P r e s i d e n t of t h e S e n a t e

s h a l l c a l l f o r o b j e c t i o n s , i f any.

d v e r y o b j e c t i a n must be i n d r i t i n g s t a t i n g

i t s n a t u r e p r e c i s e l y and must be s i g n e d by a t l e a s t one S e n a t o r a n d one Member of

t h e House.

Upon a n o b j e c t i o n h a v i n g been a a d e , t h e S e n a t e w i t h d r a w s , and e a c h

house c o n s i d e r s t h e o b j e c t i o n s e p a r a t e l y .

I f o n l y o n e r e t u r n from t h e e l e c t o r s i n a S t a t e h a s been g i v e n , i t c a n be

r e j e c t e d by a c o n c u r r e n t d e c i s i o n of b o t h h o u s e s when t h e y a g r e e t h a t s u c h v o t e

o r v o t e s have been r e g u l a r l y g i v e n by e l e c t o r s whose a p 2 o i n t m e n t h a s been c e r tified.

I f more t h a a o n e r e t u r n o r p a p e r p u r p o r t i n g t o be a r e t u r n from a S t a t e

s h a l l have been r e c e i v e d , t h e v o t e s s h a l l be c o u n t e d t h a t have been r e g u l a r l y

gl.ven o n l y by t h e e l e c t o r s who have been shown t o have been a p p o i n t e d p u r s u a n t

t o 3 J-d-i.

5 , and t h e n o t i c e of whose a p p o i n t m e n t s h a l l have been r e c e i v e d

f r o m t h e e x e c u t i v e of t h e S t a t e .

dhen t d o o r more of s u c h S t a t e a u t h o r i t i e s have

d e t e r m i a e d what e l e c t o r s have been a p p o i n t e d , t h e two Houses of c o n g r e s s , a c t i n g

s e p a r a t e l y s h a l l c o n c u r r e n t l y d e c i d e which of t h e a u t h o r i t i e s i s t h e l a d f u l t r i b u n a l of t h e S t a t e , and c o u n t o n l y t h e v o t e s of t h o s e e l e c t o r s d e t e r m i n e d by t h a t

CRS-8

of Inore t h a n olle r e t u r n f r o m a S t a t e w h e r e t h e r e s h a l l

1,111 i l l t i l e S t a t e a n t o w h i c h s e t o f e l e c t o r s i~ e n t i t l e d

t o h e r t ~ c o g n l z e d i l ~H L I C ~ , t l ~ c l i tht! e l e c t o r a l v o t e s o n l y s h a l l b e c o u n t e d w t i i c h

t h e t w o t i o ~ r n e n sh:aLl c o l i c u r r r n t l y t l c c l d e w e r e c a u t by l d w f u l e l e c t o r s a p p o i n t e d

In a c c o r d a n c e w i t 1 1 t h e laws of t h e S t a t e , u n l e o e t h e two houeee, a c t i n g s e p a r a t e l y ,

s h a l 1 c o ~ i c l r r r e l i t l y d e c i d e s ~ r c t i v o t e s n o t t o b e t h e l a w f u l v o t e e oE tlie l e g a l l y

. ~ p p o t n t e de l e c t o r n

such State.

Rut l f t h e t u o houeee e h a l l d i s a g r e e i n r e s p e c t

O F t l ~ ec o c l n t l n e o f 911ch v o t e e , t h e n , a n d i n t h a t c a s e , t h e v o t e e o f t h e e l e c t o r s

wliose ; r p p o i i i t ~ n e n t s h a l l h a v e h e e n c e r t l f l e d by t h e e x e c u t L v r o f t h e S t a t e , u n d e r

s e ; r l t h e r e o t , s h ; ~ l l I)r c o ~ ~ n t c(d3 U.S.C.

tlit-

!j IS).

Wlirn b o t h h o u s e s v o t e d o n a q u e s t i o n o r q u e v t l o n e i n v o l v i n d o n e S t a t e t h e y

811;iLl. m e e t j o i n t l y a g a i n , ;and tlie P r e n i d e n t o f t h e S e n a t e s h a l l a n n o u n c e t h e d e c i $ l o l l of' t h e q u e s t i o n s e u b ~ n t t t t x l . U r i t l l a l l t h e o b j e c t l o n s h a v e b e e n f i n a l l y d i s poned

i n r e K a r d t o a n y S t i r t e , tlie j o i n t s e s s i o n s h a l l n o t a c t u p o n t h e v o t e s

o f any o t h e r S t a t e ( 3 U.S.C.

5 15).

T l ~ et w o h o u s e s meet I n t h e l l a l l of t h e H o u s e o f r ( e p r e s e n t a t i v a o , a n d t h e s t a tclLe p r o v t d c s t t i ; ~ tt t i c , j o i r i ~~ n c e t l n gs h a l l n o t b e d i s v o l v e d u n t i l t h e c o u n t oE

l ~ l t . ( : t ~ ) r : ivl o t c ! ~ s h a l l I)c c o l n p l c t e d 41nd t h e r e s u l t d e c l a r e d .

t , ~ l t e n 11111'bss

(..ISP

(:c!i~

st1,1I1

H\I(.II

No recess s h a l l b e

q t ~ c ? i 1011

s l i d 1 l i ~ r l s cr c p , a r d i n g tlie c o u n t i n g o f v o t e s , i n u h i c h

b e c : o ; n ~ c - t e ~ i[t' o r c i t l i c r Iiou.+e, a c t l n g s e p a r a t e l y , t o d i r e c t a r e -

IIOIIS(!

n o t beyolid L I I C

I ~ Y Xc:l~ l e n d c i r

d a y , Sunday e x c e p t e d , a t t h e hour

10 o'c:lorlc 111 t h t * f o r c n o o ~ i . L F t l i z d c c l ; i r ~Lon

of t h e r e s u l t of t h e t o t a l

C O I I I I L ~ !il1,11

I ~ ~ 1

1 1 o ~h a v e h e c n c o i n p l e ~ c d h c l o r e t h e t LEth c a l e n d a r d a y n e x t a f t e r

!3trch f i r s t m e e t lny, o f t h e t w o h o u s e s , n o f u r t h e r o r o t h e r r e c e s s s h a l l b e t a k e n

by c l t h e r h o u s e ( 3 U . S . L .

5 Lh).

CRS- 9

When t h e two h o u s e s s e p a r a t e t o d e c i d e upon a n o b j e c t i o n t h a t may have been

made t o t h e c o u n t i n g of any e l e c t o r a l v o t e o r v o t e s from any S t a t e , o r o t h e r quest i o n a r i s i n g i n t h e matter, e a c h S e n a t o r and R e p r e s e n t a t i v e may s p e a k t o s u c h obj e c t i o n o r q u e s t i o n f i v e m i n u t e s and o n l y once.

A f t e r t n e d e b a t e s h a l l have l a s t e d

two h o u r s , i t s h a l l be t h e d u t y of t h e p r e s i d i n g o f f i c e r o f e a c h house t o p u t t h e

$ 17).

main q u e s t i o n w i t h o u t f u r t h e r d e b a t e ( 3 U.8.C.

Nhen t h e e l e c t o r a l v o t e s have been c o u n t e d and a c a n d i d a t e f o r P r e s i d e n t i s

f o u n d t o have a m a j o r i t y o f s u c h v o t e s (270 o u t of 5 3 8 ) , h e s h a l l be P r e s i d e n t .

If a c a n d i d a t e f o r Vice P r e s i d e n t i s found t o have a m a j o r i t y of t h e e l e c t o r a l

v o t e s f o r Vice P r e s i d e n t h e s h a l l be Vice P r e s i d e n t ( t w e l f t h amenduent).

When t h e two h o u s e s a r e i n j o i n t s e s s i o n , t h e P r e s i d e n t of t h e S e n a t e s h a l l

have power t o p r e s e r v e o r d e r ; and no d e b a t e s h a l l be a l l o w e d a n d no q u e s t i o n s h a l l

be p u t by t h e p r e s i d i n g o f f i c e r e x c e p t t o e i t h e r house on a motion t o withdraw

(3 U.S.C.

§ 18).

Faithless Elector

On a t l e a s t f o u r o c c a s i o n s , i n 1796, 1820, 1968, and 1976 v o t e s were cast

by c e r t a i n e l e c t o r s f o r P r e s i d e n t i a l c a n d i d a t e s who had n o t r e c e i v e d a p l u r a l i t y

of t h e v o t e s .

The v o t e s of t h e s e " f a i t h l e s s e l e c t o r s " have been c o u n t e d e v e n

though o b j e c t i o n s were r a i s e d .

H o r e v e r , i n a l l of t h e s e c a s e s , t h e c o u n t i n g of

t h e b a l l o t s a s cast d i d n o t a f f e c t t h e outcome.

On J a n u a r y 6 , 1969, when b o t h S o u s e s o f c o n g r e s s convened t o c o u n t t h e e l e c t o r a l v o t e s from t h e S t a t e s a n o b j e c t i o n by c o n c u r r e n t r e s o l u t i o n was r a i s e d t o

t h e c o u n t i n g of t h e v o t e o f a n e l e c t o r from d o r t h C a r o l i n a , one D r . Lloyd W. B a i l e y ,

a R e p u b l i c a n e l e c t o r t h a t c a s t h i s v o t e f o r P r e s i d e n t f o r George C. Wallace and

f o r Vice P r e s i d e n t f o r C u r t i s S. Lei9ay.

Dr.

Bailey has j u s t i f i e d h i s a c t i o n a s

a "moral o b l i g a t i o n " t o t h e p e o p l e of t h e 2nd C o n g r e s s i o n a l D i s t r i c t of J o r t h

C a r o l i n a , though he was e l e c t e d on a s t a t e w i d e b a l l o t .

The o b j e c t i o n , s i g n e d by

7 S e n a t o r s and 38 R e p r e s e n t a t i v e s p r o v i d e d t h a t :

We o b j e c t t o t h e v o t e s from t h e S t a t e of ~ i o r t h

C a r o l i n a f o r George C. g a l l a c e f o r P r e s i d e n t and f o r

C u r t i s 13. L e h y f o r Vice P r e s i d e n t on t h e g r o u n d s

t h a t t h e y were n o t r e g u l a r l y g i v e n i n t h a t t h e p l u r a l i t y of q o t e s of t h e p e o p l e of North C a r o l i n a were

c a s t f o r X i c h a r d X. Nixon f o r P r e s i d e n t and S p i r o T.

Agnew f o r Vice P r e s i d e n t and t h e S t a t e t h e r e b y app o i n t e d t h i r t e e n e l e c t o r s t o v o t e f o r R i c h a r d M.

Nixon f o r P r e s i d e n t and S p i r o T. Agnew f o r V i c e Pres i d e n t and a p p o i n t e d no e l e c t o r s t o v o t e f o r a n y o t h e r

p e r s o n s . T h e r e f o r e , no e l e c t o r a l v o t e of N o r t h Carol i n a s h o u l d be c o u n t e d f o r George C. V a l l a c e f o r Pres i d e n t o r f o r C u r t i s E. Leday f o r Vice P r e s i d e n t .

(S. Con. Res. 1, 9 1 s t Cong. )

The o b j e c t i o n was based l a r g e l y on t h e i d e a t h a t t h e v o t e of B r . B a i l e y w a s

n o t " r e g u l a r l y g i v e n " a s r e q u i r e d by T i t l e 3 United S t a t e s Code s e c t i o n 15.

(See

g e n e r a l l y 115 Cong. Rec. 197-246, J a n . 6, 1969.)

Another a t t a c k on t h e v o t e came i n t h e form of two C o n s t i t u t i o n a l o b j e c t i o n s .

The f i r s t r e g a r d e d t h s v o t e a s a v i o l a t i o n of t h e v o t e r s of N o r t h C a r o l i n a f o u r t e e n t h amendment e q u a l p r o t e c t i o n g u a r t a n t e e t o a r i g h t t o a n e f f e c t i v e v o t e i n

t h a t t h e " f a i t h l e s s e l e c t o r " d i l u t e d t h e e f f e c t i v e n e s s of t h e i r v o t e .

The s e c o n d

argument of s u c h n a t u r e was based on C o n g r e s s ' pager t o c o u n t e l e c t o r a l v o t e s

b e i n g a n a b s o l u t e power n o t a l e g i s l a t i v e one and " t h e o n l y C o n s t i t u t i o n a l power

s p e c i f i c a l l y g r a n t e d t o any body o r a g e n t t o p r o t e c t t h e e l e c t o r a l s y s t e m a g a i n s t

a r b i t r a r y o r u n l a w f u l a c t i o n t o t h w a r t t h e p o p u l a r w i l l of t h e p e o p l e of t h e

States..

.. (Lbid.

A d d i t i o n a l arguments f o r n o t c o u n t i n g t h e v o t e were ( 1 ) i n North C a r o l i n a

t h e e l e c t o r s ' names do n o t a p p e a r on t h e b a l l o t , o n l y t h o s e of t h e c a n d i d a t e s ;

t h e r e f o r e , t h e v o t e r s a r e e n t i t l e d t o assume t h a t t h e y v o t e d f o r s u c h c a n d i d a t e s

and t h a t t h e i r w i l l r o u l d be c a r r i e d o u t ; ( L ) t h a t a n agency r e l a t i o n s h i p e x i s t e d

between 3r. B a i l e y and t h e v o t e r s a n d t h d t h i s a c t i o n was a v i o l a t i o n of s u c h

r e l a t i o n s h i p and s h o u l d n o t be d i g n i f i e d by C o n g r e s s ; ( 3 ) t h a t i f o n e e l e c t o r

c a n s o a c t , s o may t h e y a l l ; ( 4 ) i n t h e c a s e of d o r t h C a r o l i n a t n e a c t i o n of D r .

B a i l e y n u l l i f i e d 1 1 1 3 t h of t h e S t a t e ' s v o t i n g power i n t h e E l e c t o r a l C o l l e g e .

The a r g u m e n t s a g a i n s t s u p p o r t i n g t h e o b j e c t i o n t o t h e v o t e of D r . B a i l e y

were as f o l l o w s .

( 1 ) t h e C o n s t i t u t i o n a l p r o v i s i o n s of a r t i c l e I L and t h e t w e l f t h

amendment b o t h p r o v i d e t h e "The e l e c t o r s s h a l l . . . . v o t e

and Vice P r e s i d e n t . "

by b a l l o t f o r President

T h i s was i n t e r p r e t e d t o mean t h a t " t h e e l e c t o r s a r e c o n s t i -

t u t i o n a l l j f r e e and i n d e p e n d e n t i n c h o o s i n g t h e P r e s i d e n t and Vice P r e s i d e n t , "

and t h a t t h e r e f o r e C o n g r e s s must c o u n t t h e v o t e s a s g i v e n , ( 2 ) t h e v o t e s from

i i o r t h C a r o l i n a were l a w f u l l y c e r t i f i e d and o t h e r w i s e i n o r d e r and t h e r e f o r e , regul a r , ( 3 ) no law, e i t h e r North C a r o l i n a o r F e d e r a l , p r o h i b i t e d D r . B a i l e y from

v o t i n g as he wished; ( 4 ) t h e o f f i c i a l p o s i t i o n of t h e ~ q o r t hC a r o l i n a Board of

E l e c t i o n s s u p p o r t e d t h e c o u n t i n g of t h e v o t e a s g i v e n ; and ( 3 ) t h e p r o p e r method

f o r r e s o l v i n g s u c h a s i t u a t i o n was by G o n s t i t u t i o n a l amendment b e c a u s e none o t h e r

would s e r v e .

The r e s o l u t i o n f a i l e d by a v o t e of 33-58 i n t h e S e n a t e a n d 170-228 i n t h e

douse.

E l e c t i o n Thrown I n t o House

I f no P r e s i d e n t i a l c a n d i d a t e o b t a i n s a m a j o r i t y of t h e whole number of e l e c -

t o r a l v o t e s , t h e e l e c t i o n of t h e P r e s i d e n t f a l l s i n t o t h e House of R e p r e s e n t a t i v e s

which s h a l l i m m e d i a t e l y c h o o s e a P r e s i d e n t , by b a l l o t , from t h e c a n d i d a t e s who

r e c e i v e d t h e h i g h e s t number of v o t e s i n t h e E l e c t o r a l i o l l e g e , n o t e x c e e d i n g t h r e e

s u c h c a n d i d a t e s ( t w e l f t h amendment).

CRS-12

The C o n s t i t u t i o n p r o v i d e s t h a t i n c h o o s i n g t h e P r e s i d e n t t h e v o t e s i n t h e

House s h a l l b e t a k e n by S t a t e s , t h e r e p r e s e n t a t i o n f r o m e a c h S t a t e h a v i n g o n e

A quorum f o r t h i s p u r p o s e s h a l l c o n s i s t of t h e r e p r e s e n t a t i o n s f r o m two-

vote.

t h i r d s of t h e S t a t e s , and a m a j o r i t y of a l l t h e S t a t e s s h a l l be n e h e s s a r y t o a

choice.

( t d e l f t h amendment).

The e l e c t i o n of t h e P r e s i d e n t h a s been d e t e r m i n e d by t h e House o f R e p r e s e n t + t i v z s o n t d o o c c a s i o n s f o r t h e g e n e r a l e l e c t i o n s of 1 8 0 3 a n d 1824.

On F e b r u a r y 1 7 ,

1301, Thomas J e f f e r s o n ras c h o s e n by t h e v o t e s o f t e n S t a t e s t o 4 f o r Aaron B u r r ,

and 2 b l a n k .

And i n 1825, t h e House e l e c t e d J o h n Q u i n c y Adams who r e c e i v e d t h e

v o t e s of 13 s t a t e s t o 7 f o r AnJrew J a c k s o n , a n d 4 f o r W i l l i a m H. Crawford.

The p r o c e d u r e f o r v o t i n g f o r P r e s i d e n t i n t h e House o f R e p r e s e n t a t i v e s i s

d e t e r m i n e d by r u l e s a d o p t e d by t h e House, which a r e b i n d i n g o n l y d u r i n g t h e :ond r e s s i n which t h e y a r e adopted.

r h e l a s t s e t o f r u l e s a d o p t e d by t h e House i n

t h i s r e s p e c t was i n 1825.

I n t h e 1801 e l e c t i o n , t h e House of R e p r e s e n t a t i v e s a p p o i n t e d a c o m m i t t e e t o

p r e p a r e and r e p o r t r u l e s t h a t were t o be observed i n choosing t h e P r e s i d e n t .

( d i n d s ' P r e c e d e n t s of t h e iiouse of R e p r e s e n t a t i v e s , v . ILI

1 3 9 2 ) . The r u l e s a g r e e d

t o a r e l i s t e d a s follows:

1. In the event of its appePring, upon the counting and mcerhmq of the votes given for Mdent and VicsPresident, according to the mode prencribed by the CorYhitution, tiut no penon bm a

nhaU have been duly declared and entered on the jo&

corrstitutiod majority, md the -e

House, the Speaker, sccompanied by the Members of the House, nhaU return to their Chamber.

2. Sesta rh.U be provided in thia House for the -dent

and m a m h of the Benrte, md noti6d o n of the r m e oluU be m d e to the Ben8te.

9. The H o w , on their return from the MChamber, it being ucert.ined that tbe d t u t i o d number of 8w pment, rh.U immediately pmceed to choge one of the p~lonmfnrm r h

the choice in to be made for h i d e n t ; and in ase upon the h

tballot there rh.U not appeu to be a

majority of the S t a in~ hvor of one of them, in arch cw the House o l d continue to b a h t for Pndappar t

t a R a i d e n t L duly

dent, withoot interruption by other bumin-, until it

4. Aftsl commencing the Woting for Resident, theHou*, rh.U m t djoumuntil acboica b o d e .

6. The doom of the H o m rh.U be c l a d during the balloting, except .gimt the of3cem of the

How.

CRS - 1.3

6. In balloting, the folloriog mode dull be observed, b wit: The hpmemt.tiva d ths rc.psc6 v e 8rh.U be m wrted thst the delegstion of a33 State o h d l be together. The RepremmUva

d d St.te &dl,in the 6mt b t a n c e : M o t .moq themeelves, in order to mmebh the mta d ths

Bbte, d it .b31be allowed, where deemed nby the delegation, to mme one or olvne pamom

af &e

ro be tell- of the bdlots. After the vote of each State b .sccat.iaed, d u p l i a t a

t h a d &all be -1- : snd in ase Lhc g o i e of ti- ~ W Abe. for one F n , them the name of that pamon

rh.U be written on d of the dupliuten; m d in csse b e bdlota of the State be e q d y divided, then

the rmd "divided" W be mitten on ePch dupLnte, .nd the mid d u p l i u t u rh.U be dqmited in

the b.lloed

murnar h a a a t e r proaibsd, in boxm to be provided. That, for the c o n d e n t l y

the mead Fbepmmtrtive of the respective Bt.tas,there be sixteen W o t bors provided; m d thst

these be d d i t i a d y two boxes provided for the p w p c e of receiving the vote^^ of the State; that aftex

the delegstion of each State ah.ll hsve d e d the vote of the State, the Segant4-hm &dlurry

to tha reapedve ddegatiom the tm b d o t box-, m d the delegdon of aeh St&, in the prsamce and

mbject to the eumilution of dl the m~rnbernof the delegation, Mdepoait s dupliate of the a of

the State in d U t box; .nd where there in more thrrn one Repremnwive of a State the dupliuter

&dl not both be deposited by the a m e person. When the wm of the S b t m ua .

Ithus taken in, the

B q e a a t r t A r r r m &dlcvry one of the gened W o t hxes to one table and the other to s r a o n d md

mpmte~table. B

i membw ahdl then be appointed m tollem of the bUoB, one of rbom .b31

be *en from ach Bate, m d be nominrted by the delegrtion of the State fmm which he rr bhn.

men

Theridtdl~Ib.Ubedividedintotwoeqdsets,.ccord'ingtosuch~entm~bemde.moq~

t h d v m , a n d a n e o t themidoetaof tellenddproceedtocauntthevoteainaneof themid box=

.Idthe other u& sL votem in the other box; rad in the event of no sppointment of teller by u i y d e l e

& o n , the E+er

ohd in such a o e appoint. When the v o h of the St.tea are counted by the rarpec

tive & of tellas, the d

t &dl be reported to the How; snd if the reports q p e , the mme &dl be

accepted M the true v o w of the State; but if the reports disgree, the S t a h ahaU immediately proceed

to8nsrb.Udinnu~ner.fdd.

7. ~ e i t h a r d t h e ~ p o b d b o r ~ h . v e s ~ t ~ o f t b e v o b o f d h h & e ~ ~ a

rhUd~therme,doffieL1~cethcasofIb.Ube~y~~to&e~dentofthb

United Statea sad to the Senate.

8. All questions which ahaU rrise after the balloting commences,and which ah.U be decided by

the Home voting psi apitr, to be incidental to the power of chocaing the *dent,

sud which dull

require the d&n

of the Hoase, e l d l be decided by State, and witbont d e h t e ; .nd in m d .a

e q d divirion of the votes of S t a b , the question a h d l be lo&

A f t e r t h e House a d o p t e d s u c h r u l e s on F e b r u a r y 11, 1 8 0 1 , i t p r o c e e d e d t o

e l e c t t h e P r e s i d e n t a c c o r d i n g t o t h e manner p r e s c r i b e d i n t h e C o n s t i t u t i o n .

Members w e r e a p p o i n t e d t e l l e r s o f t h e r e s p e c t i v e S t a t e s t o e x a m i n e t h e b a l l o t s

o f e a c h S t a t e i n a c c o r d a n c e d i t h t h e s i x t h r u l s :h?r

they n a J a u o p t e d .

Sixteen

S t a t e s dere i n v o l v e d i n t h e b a l l o t i n g , t h e v o t e s o f n i n e S t a t e s w e r e n e c e s s a r y

t o c o n s t i t u t e a c h o i c e . On P e b r a a r y 1 7 , 1801, a f t e r t h e t h i r t y - s i x t h

ballot,

Thomas J e f f e r s o n of V i r g i n i a r e c z i v e d t h e v o t e s o f t e n S t a t e s w h i l e A a r o n a u r r

o f N e w Y o r ~r e c e i v e d t h e v o t e s o f f o u r S t a t e s , a n d t h e v o t e s o f two S t a t e s had

been g i v e n blank;

t h u s Thomas J e f f e r s o n was e l e c t e d P r e s i d e n t of t h e U n i t e d S t a t e s

f o r t o u r y e a r s which c o m e n c e d o n Warch 4 , 1831.

o f R e p r e s e n t a t i v e s , v. 111,

5 1933).

( H i n d s ' P r e c e d e n t s o f t h e Bouse

l o t h e i d 2 5 e l e c t i o n , t h e House o f R e p r e s e n -

t a t i v e s r e s o l v e d i t s e l f i n t o t h e c o r n i t t e e o f t h e i h o l e tiouse a n d a p p o i n t e d a

c o n c a i t t e e t o p r e p a r e and r e p o r t r u l e s t o be o b s e r v e d by t h e House i n t h e e l e c t i o n

of a P r e s i d e n t .

The House a d o p t e d t h e f o l l o r i n g r u l e s :

1. In tho event of ita appearing, on opening all the certificates, and c o u n t i q the votes given by

the electors of the neveral States for President, that no p e m n h.s a majority of the votea of the whde

nr~mbcrof electors appointed, the some shPll be entered on the Joumnb of this H o w .

2. Thc roll of the Houae ehdl then be alled by States; and, on i b sppeuing th.t a M e m k or

Members from t w t h i r d a of the S t a h ue present, the H o w ahdl irnmedktdy proceed, by ballot. to

h a President from tho pemom~having the higheat numbers, not e x d i n g three, on the list of

thoee voted for an h i d e n t ; and, in mm neither of t h e prams &dl receive the v o t a of a majority

of dl the S t a m on the first bollot, the H o w Wl continue to Wlot for s M d e n t , rithout

interruption by other businem, until a President be choeen.

3. The doom of the -1

shall be c l d during the balloting, eacept mgsinst the Members of the

Srnate, steaqp.phan, md the officen of the H o w .

4. h m the mmmencement of the hllotbq until an election is m d e DO propaition to adjourn

shall be received, unlcla on the motion of one State, m n d e d by mother State, and the qucstion shall

be decided by Stateu. The some rule shll be o & r ? ~ e din regard to any motion to chaqp the u d

how for the m e e t i q of the H o w .

5. I n balloting the following mode ahdl he observed, to wit:

The Reprenentativca of each State o h d l be amnged snd m + d

WCT,

bqinning with the

mwtn at t h right

hand of the S p k e r ' s chair, with the Members from the State of biainc; tlwnce,

proceding with the Members frvm the Stat-, in the order the GUtas u e usually named for

rw-riving petitions, around the Hall 6' the Howc, until d l ue eated.

A ballot box shrll be pmvided for each State.

Tho Reprmntativm of each State sh.ll, in the first inst.nce, M o t unong themselves, in order

to -certain the vote of their Statc; and they may, if nwccauy, appoint tellers of their ballots.

After the vote of each State in wertained, duplic~teathereof ahall be made out; md in mae sny

one of the pernonn fmm whom the choice ia to be made &dl receive a majority of the votee given, on

any one balloting by the Repreuentativm of a strtc, tho name of thnt person ohall be written on a c h

of the duplicrtea; and in m e the votes a, given &all be divided m that neither of mid persons shall

have l majority of the whole n u m b r of votes given by such State, on s n y one balloting, then the word

" d i v i d ~ d "ahall he written on each duplicate.

wertaincd the vote of their Stste, the Clerk shall

After the delegation from esch State ~ h d bave

name the States in thr order they are u n d l y named for receiving ptitionn; snd M the name of each

is called the Sergeant-at-Arm &all present to the dele@ion of w h two tallot boxes, in a c h of which

shall be deponitrd, by some Rrprescntative of the State, one of the dupliates made ur a i m i d of

the vote of mid State, in tfiv preoence and subjwt to the examination of d l the Members from said

State then prtaent; and where there in more than one Representative fmm a State, the dupliates shall

not both be d c p i t e d by the eame pemn.

When the votm of the States are thus all taken in, the Sergeantrt-Arma ohall ~ r one

y of mid

bdlot boxes to one t ~ b l eand the other to a aeparste and distinct table.

One pwson from each State r e p r e n t e d In the balloting shall be sppointed by the Reprraenbt i v a to tell ofl mid bdloto; but, in cme the ReprreentrLivecr fad to appoint a teller, the Gpukcr shall

aypint.

On F e b r u a r y 9 , 1825, John Q u i n c j

rules.

(hinds'

dams was e l e c t e d i n a c c o r d a n c e w i t h t h e s e

P r e c e d e n t s o f t h e House of R e p r e s e n t a t i v e s , v. 111,

1984).

Zach S t a t e ' s r e p r e s e n t a t i o n a r r i v e s a t i t s o n e v o t e by p o l l i n g i t s Members.

The c a n d i d a t e r e c e i v i n g t h e m a j o r i t y of v o t e s of t h a t S t a t e ' s R e p r e s e n t a t i v e s

w i l l r e c e i v e t h e o n e f u l l v o t e of t h e S t a t e .

If the State's votes i n its poll

a r e e v e n l y d i v i d e d , o r i f no c a n d i d a t e r e c e i v e s a m a j o r i t y i n t h e p o l l , t h e S t a t e

w i l l l o s e i t s one v o t e .

o r d e c l i n e t o vote.

I n t h a t e v e n t t h e S t a t e may e i t h e r s u b m i t a b l a n k b a l l o t

The House c a n k e e p t a k i n g b a l l o t a f t e r b a l l o t u n t i l o n e c a n d i -

d a t e r e c e i v e s t h e v o t e s of a m a j o r i t y of t h e S t a t e s .

Thus, i n t h e e l e c t i o n of 1800,

which f e l l i n t o t h e House of R e p r e s e n t a t i v e s , J e f f e r s o n was c h o s e n o n F e b r u a r y 1 7 ,

1801, on t h e t h i r t y - s i x t h

ballot.

( F o r a d e s c r i p t i o n of what happened i n t h e

E l e c t o r a l i o l l e g e and i n t h e iiouse of R e p r e s e n t a t i v e s d u r i n g t h e E l e c t i o n , s e e

American H i s t o r i c a l A s s o c i a t i o n Report ( 1 9 1 3 ) , Vol. 2 , pp.

132-137.)

I f no Vice P r e s i d e n t i a l c a n d i d a t e s h o u l d r e c e i v e a m a j o r i t y o f v o t e s i n t h e

L l e c t o r a l i o l l e g e , t h e n from t h e two c a n d i d a t e s h a v i n g t h e h i g h e s t number of v o t e s ,

t h e S e n a t e s h a l l c h o o s e a Vice P r e s i d e n t .

of t u i o - t h i r d s

A quorum f o r t h a t p u r p o s e s h a l l c o n s i s t

of t h e d h o l e number of S e n a t o r s ( 0 7 i n 1 9 8 1 ) , and a m a j o r i t y of

t h e whole number ( 5 1 o u t of 1dU i n 1981) s h a l l be n e c e s s a r y t o a c h o i c e (U.S.

Const. t w e l f t h amendment).

I f t h e e l e c t i o n s h o u l d f a l l i n t o t h e i40use of X e p r e s e n t a t i v e s a n d i f t h e

House s h o u l d f a i l t o e l e c t a P r e s i d e n t b e f o r e J a n u a r y 2 d t h , t h e n t h e V i c e Pres i d e n t - e l e c t s h a l l a c t a s P r e s i d e n t u n t i l a P r e s i d e n t s h a l l have q u a l i f i e d , and

C o n d r e s s may by l a w p r o v i d e f o r a s i t u a t i o n where n e i t h e r a P r e s i d e n t - e l e c t

Vice P r e s i d e n t - e l e c t

nor

s h a l l h a v e q u a l i f i e d , d e c l a r i n g vho s h a l l t h e n a c t as P r e s i -

d e n t , o r t h e manner i n which o n e who i s t o a c t s h a l l be s e l e c t e d , a n d s u c h p e r s o n

s h a l l a c t a c c o r d i n g l y u n t i l a P r e s i d e n t o r Vice P r e s i d e n t s h a l l h a v e q u a l i f i e d

(U.S.

C o n s t . amend. XX, i 3 ) .

Congress h a s , i n e f f e c t , provided t h a t i n t h e event

t h a t b o t h t h e P r e s i d e n t - e l e c t and t h e V i c e P r e s i d e n t - e l e c t

f a i l t o q u a l i f y by noon

of J a n u a r y LO of t h e y e a r f o l l o d i n g t h e November e l e c t i o n , t h e n t h e S p e a k e r of

t h e House s h a l l a c t a s P r e s i d e n t u n t i l e i t h e r t h e P r e s i d e n t - e l e c t

d e n t - e l e c t q u a l i f i e s ( 3 U.3.C.

5 19).

o r Vice P r e s i -

The S p e a k e r who would a c t a s P r e s i d e n t i n

s u c h c i r c u m s t a n c e s would be t h e one c h o s e n by t h e House on J a n u a r y 3 .

U n t i l t h e a d o p t i o n of t h e t w e n t i e t h amendment t o t h e C o n s t i t u t i o n , t h e elect o r a l v o t e s were c o u n t e d by t h e o u t g o i n g o r "lame duck" C o n g r e s s , which c o n c e i v a b l y c o u l d be under t h e c o n t r o l of t h e d e f e a t e d p a r t y .

q i t h t h e r a t i f i c a t i o n of

t h e t w e n t i e t h amendment by t h e t h i r t y - s i x t h S t a t e i n 1933 and t h e e n a c t m e n t of

t n e l a w s e t t i n g t h e d a t e f o r t h e c o u n t i n g of t h e e l e c t o r a l v o t e s by C o n g r e s s a s

January 6

( 3 LT.3.C.

5 15), i t i s t h e n e w l y - e l e c t e d

tIouse of R e p r e s e n t a t i v e s t h a t

d o u l d c h o o s e t h e P r e s i d e n t , s i n c e t h a t amendment p r o v i d e d t h a t t h e t e r m of t h e

n e w l y - e l e c t e d Xembers of C o n g r e s s s h o u l d commence o n J a n u a r y 3 i n s t e a d of March 4.

$ 3 1, 2 , 3 and 3 . Sep. No.

2 6 , 726 Zong.,

( S e e , U.3.

d o n s t . amend. 'U,

( 1 9 3 2 ) , p?.

4-5 a s s e r t i n g t h a t t h e new House of R e p r e s e n t a t i v e s would h a v e t h e

p o d e r t o s e l e c t t h e new P r e s i d e n t . )

1st j e s s .

CRS- 1 7

Absence of a H a j o r i t y of E l e c t o r a l V o t e s f o r a Vice P r e s i d e n t

The t w e l f t h amendment p r o v i d e s t h a t t h e p e r s o n r e c e i v i n g t h e g r e a t e s t number

o f e l e c t o r a l v o t e s a s V i c e P r e s i d e n t , s h a l l b e t h e V i c e P r e s i d e n t , i f s u c h numb e r be a m a j o r i t y of t h e e l e c t o r a l v o t e s .

I f no p e r s o n r e c e i v e s a m a j o r i t y o f t h e

e l e c t o r a l v o t e s f o r Vice P r e s i d e n t , t h e n f r o m t h e two h i g h e s t numbers o n t h e l i s t ,

t h e S e n a t e s h a l l c h o o s e t h e Vice P r e s i d e n t .

A quorum f o r t h e p u r p o s e s h a l l con-

s i s t o f t w o - t h i r d s o f t h e whole number o f S e n a t o r s ( 6 7 ) , a n d a m a j o r i t y o f t h e

whole number ( 5 1 ) s h a l l be n e c e s s a r y t o a c h o i c e .

The S e n a t e h a s b e e n c a l l e d upon

T h i s o c c u r r e d i n 1837 d u r i n g t h e 2 4 t h Con-

t o s e l e c t a Vice P r e s i d e n t o n l y once.

g r e s s , a f t e r t h e e l e c t i o n of 1836, vhen t h e S e n a t e c h o s e R i c h a r d M. J o h n s o n , of

Kentucky as Vice P r e s i d e n t t o P r e s i d e n t Van Buren.

The two h o u s e s m e t j o i n t l y o n F e b r u a r y 8 , 1837, t o c o u n t t h e e l e c t o r a l v o t e .

A t t h e t i m e t h e r e were 26 S t a t e s a n d a t o t a l of 294 e l e c t o r a l v o t e s .

comprised a majority.

f o r election.

148 v o t e s

dr. J o h n s o n r e c e i v e d 147, o n e s h o r t of t h e f i g u r e n e c e s s a r y

F r a n c i s G r a n g e r , o f N e w York, h a d t h e s e c o n d h i g h e s t number o f

e l e c t o r a l v o t e s f o r Vice P r e s i d e n t , 77.

T h e r e was some c o n t r o v e r s y o v e r d h e t h e r

t h e t h r e e e l e c t o r a l v o t e s from Plichigan s h o u l d be counted.

I f t h e y were n o t , t h e

a g g r e g a t e number o f e l e c t o r a l v o t e s come t o 291, of which 1 4 6 *ere a m a j o r i t y .

S i n c e Ilr. J o h n s o n had b e e n g i v e n t h e e l e c t o r a l v o t e s o f N i c h i g a n , i f t h e t h r e e

v o t e s v e r e s u b s t r a c t e d f r o m h i s t o t a l of 1 4 7 , h e would be l e f t w i t h 1 4 4 , s t i l l

not a majority.

The e l e c t o r a l c o u n t was made i n t h e a l t e r n a t i v e , b o t h s e t s of

f i g u r e s b e i n g used.

The p r o b l e m a r o s e b e c a u s e t h e a c t a d m i t t i n g M i c h i g a n t o t h e

Union had n o t been p a s s e d by i o n g r e s s when t h e S t a t e v o t e d f o r P r e s i d e n t , b u t had

been passed b e f o r e t h e t i m e f o r t h e e l e c t o r a l count (ilinds',

House o f R e p r e s e n t a t i v e s , v o l . 111,

1941).

P r e c e d e n t s of t h e

A f t e r t h e e l e c t o r a l v o t e had been announced a t t h e j o i n t s e s s i o n , t h e S e n a t e

r s t i r e d t o i t s odn chaaber t o v o t e f o r t h e Vice P r e s i d e n t ( 2 o n g r e s s i o n a l Globe,

2 4 t h Z o n g r e s s , 2nd S e s s i o n , F e b r u a r y 8, 1 8 3 7 , p p . 171-172).

S e n a t o r Grundg, on

behalf of t h e j o i n t c o r n i t t e e a p p o i n t e d o n t h e s o b j e c t of c o u n t i n g t h e v o t e s f o r

P r e s i d e n t and Vice P r e s i d e n t , e t c . ,

s u b m i t t e d t h e f o l l o w i n g r e s o l u t i o n , which was

a d o p t e d by t h e S e n a t e :

\Vl~crcns, U ~ O I I c ~ u n t i n gthe r k c t o r o l VO:CS i n

the presence o f the trs.o tlouneu ofCon:ress, civen

~ t V ~ c ei'rcsiat the late rlccuon 1,): i ' r e ~ i d c ~nnd

dent o f the U n i ~ r dS ' U ~ C iSt ,ni,pcs:-s tlrnt no percon 1ms reccivcd lor the o f f i x of Vwe Prchident

of t l ~ rU I I I ~ CSrateq

11 m n j o r i ~

o f~tlac vote3 u f the

whole ~ i u r n l ~ c

ofr eleciors c~pltointed;n d i t nlno

opirtorinz that R r c r ~ n ohl. Jo~:ssos, o f Kentuciiy, n i ~ dF n . i s c ~ sCctscfr., o f N c w York,

have rne I~i:l~c.stI~UI:I!>-IY or, thc11t.t o f i h s e voted

for to fill 111rollict o f Vice Pres~dlcnt:

Rrsol&l, T n o t the Seunte do now procttd to

chooae a Vice P ~ . r < i J c nfrom

t l ~ cr a i d RICIIARD

hl. J o ~ i s s o sand F I ~ A SGRAXGLR,

CI~

they having

the two I i i ~ ~ l i cnulnlrers

on the list; nnd the matir;er o f r o z q a h d l be na followa: T h e Srcretary

nf the Srnntc s l ~ n lcall

the nnnics o f S e ~ ~ : ~ t ionr a

alpl~ubcticulordcr, nnd each S e ~ ~ n t owill,

when

hja w m e i s rallrd, nnnle the crson for wlmm he

wliole number o f

votes; nnd i f II ninjoriry OF c!t

Smators shall vole for either the r d RICIIA~D

hl. JCIISSO~ o r FRASCIS

GR+SCLR,he shnll be

declared, b y the Presiding Olficer o f the Sointc,

cnnstitu~ionullyelcctrd V ~ c eP r e s i d r ~o~ft thc U n i o ted States for lbur yrnrs, commencing on tlic 4th

day o f Alnrch next.

( C o n g r e s s i o n a l G l o b e , s u p r a , p. 1 7 0 ) .

The n a s e s of s e v e r a l S e n a t o r s d e r e t h e n c a l l e d , a n d t h e v o t e d a s a s f o l l o w s :

c'or :Ir. J o h n s o n ,

For lir. Grander,

S i n c e t h e r e were 52 S e n a t o r s , a m a j o r i t y , n e c e s s a r y f o r a c h o i c e , was 2 7 .

I h a nambar o f S e n a t o r s p r e s e n t was 4 3 .

S u b s e q u e n t t o t h e v o t i n g a r e s o l u t i o n was a d o p t e d t h a t a c o m m i t t e e o f t h r e e

members be a p p o i n t e d t o d a i t o n Hr. J o h n s o n a n d i n f o r m him t h a t h e h a d been cons t i t u t i o n a l l y e l e c t e d by t h e S e n a t e , V i c e P r e s i d e n t o f t h e 3 n i t e d S t a t e s f o r f o u r

y e a r s commencing ~ i t h

t h e f o u r t h of Piarch n e x t ( C o n ~ r e s s i o n a lGlobe, s u p r a , p.

170).

Death of a P r e s i d e n t i a l C a n d i d a t e o r P r e s i d e n t - E l e c t

d h a t happens when a P r e s i d e n t i a l c a n d i d a t e o r a P r e s i d e n t - e l e c t

dies?

The

C o n s t i t u t i o n d o e s n o t c o n c e r n i t s e l f a t a l l w i t h t h e c o n s e q u e n c e s of a d e a t h of

a presidential c a n d i d a t e and o n l y g e n e r a l l y c o n s i d e r s t h e c o n s e q u e n c e s of t h e

d e a t h of a P r e s i d e n t - e l e c t

o r Vice P r e s i d e n t - e l e c t

u n d e r s e c t i o n 3 of t h e twen-

t i e t h amendment of t h e C o n s t i t u t i o n -

Death of a P r e s i d e n t i a l C a n d i d a t e

S i n c e , under t h e c o n s t i t u t i o n , t h e P r e s i d e n t and Vice P r e s i d e n t a r e n o t r e a l l y

e l e c t e d u n t i l t h e X l e c t o r a l C o l l e g e cueets o n t h e f i r s t Monday a f t e r t h e second

Wednesday i n December a f t e r t h e November g e n e r a l e l e c t i o n , t h e d e a t h of a c a n d i d a t e p r i o r t o t h e m e e t i n g of t h e E l e c t o r a l Z o l l e g e and a f t e r t h e Jovember g e n e r a l

e l e c t i o n i s n o t p r o v i d e d f o r under t h e C o n s t i t u t i o n .

However, t h e r u l e s o f t h e

m a j o r p o l i t i c a l p a r t i e s d o p r o v i d e f o r t h e f i l l i n g o f t h e vacancy by t h e p a r t i e s '

n a t i o n a l committees.

( A r t i c l e 3 , i h a r t e r of t h e Democratic P a r t y ; R u l e 2 8 o f

the

Republican P a r t y Rules).

The p o l i t i c a l p a r t y i s p e r m i t t e d t o choose a new P r e s i d e n t i a l c a n d i d a t e i f

i t s s u c c e s s f u l c a n d i d a t e s h o u l d d i e between t h e November g e n e r a l e l e c t i o n and t h e

Oecember s e e t i n g of t h e E l e c t o r a l C o l l e g e .

S i n c e t h e s l a t e of e l e c t o r s c h o s e n

i n e a c h s t a t e g e n e r a l l y v o t e f o r and a r e o f t e n bound by p a r t y p l e d g e s , r e q u i r e d

by uany s t a t e l a u s o r s t a t e p a r t y r u l e s , t o v o t e f o r t h e c a n d i d a t e s c h o s e n by

t h e i r own p o l i t i c a l p a r t y , t h e p o l i t i c a l p a r t y d h o s e c a n d i d a t e won t h e most e l e c t o r s

i n t h e November e l e c t i o n would i n a l l p r o b a b i l i t y be s e l e c t i n & t h e n e x t P r e s i d e n t

e v e n t h o u d h t h e f a i t h l e s s e l e c t o r problem s t i l l e x i s t s .

Death of a President-Clect and Vice President-Elect Before Inauguration

Once the Electoral iollege has met and the votes have been cast and transmitted sealed to the President of the Senate, the President-elect and Vice President-elect if they have received a uajority of the electoral votes uould be replaced due to any death in accordance with section 3 of the taentieth amendment,

which provides :

If, at the time fixed for the beginning of the

term of the President, the President-elect shall have

died, the Vice President-elect shall become President.

If a President shall not have been chosen before the

time fixed for the beginning of his term, or if the

President-elect shall havz failed to qualify, then

the Vice President-elect shall act as President until

a President shall have qualified; and the Congress

may by law provide for the case wherein neither a

President-elect nor a Vice President-elect shall have

qualified, declaring dho shall then act as President,

or the manner in dhich one who is to act shall be

selected, and such person shall act accordingly until

a President or Vice President shall have qualified.

Thus, when a President-elect dies between the meeting of the Electoral College

in December and inauguration day on January 2 0 , the Vice President-elect becomes

President-elect, and the resulting vacancy in the Vice Presidency is filled following inauguration day on January 23 under procedures established by ssction 2

of the twenty-fifth amendment, which allows the President to nominate a Vice President who would take office after a confirmation by a majority of both douses of

Congress.

If the Vice President-elect dies between the meeting of the Electoral College

in December and inauguration day on January 23 the vacancy would likedise be filled

after the inaugoration of the President in accordance gith section L of the tdentyfifth amendment.

And if both the President-elect and the Vice President-elect

were t o d i e o r f a i l t o q u a l i f y , t h e n t h e S ? e a k e r of t h e d o u s e would a c t as P r e s i d e n t i n a c c o r d a n c e w i t h t h e p r o v i s i o n s of t h e P r e s i d e n t i a l S u c c e s s i o n A c t of 1947,

3 U.S.C.

$ 13.

a n d , i f a w i n n i n g c a n d i d a t e were t o d i e a f t e r t n e E l e c t o r a l C o l l e g e

met a n d c a s t t h e r e q u i r e d m a j o r i t y of v o t e s f o r him and b e f o r e t h e m e e t i n g of Cong r e s s t o c o u n t t h e v o t e s , t h e S o n g r e s s would have no d i s c r e t i o n and would have

t o d e c l a r e t h e a c t u a l v o t e s a t t h e t i m e t h e y were c a s t were v a l i d , a n d would have

t o d e c l a r e t h a t t h e d e c e a s e d c a n d i d a t e had r e c e i v e d a m a j o r i t y of t h e v o t e s .

(See H. Rept. No. 72-345,

p.5 ( 1 9 3 7 ) r e p o r t i n g r e s o l u t i o n which become t w e n t i e t h

amendment. )

Death of P r e s i d e n t i a l and V i c e - p r e s i d e n t i a l C a n d i d a t e s Not R e c e i v i n g

a k i a j o r i t y of E l e c t o r a l C o l l e g e Votes B e f o r e t h e House and S e n a t e

i i e e t t o E l e c t Them

When t h e c a n d i d a t e s f o r P r e s i d e n t and V i c e P r e s i d e n t do n o t r e c e i v e t h e r e q u i r e d m a j o r i t y o f E l e c t o r a l C o l l e g e v o t e s (270),

t h e House o f R e p r e s e n t a t i v e s i s

t o c h o o s e a P r e s i d e n t from among t h e t h r e e p e r s o n s h a v i n g t h e h i g h e s t nunber of

e l e c t o r a l c o l l e g e v o t e s , a n d t h e S e n a t e i s t o c h o o s e a Vice P r e s i d e n t f r o s t h e

two p e r s o n s h a v i n g t h e h i g h e s t numbers of v o t e s .

(U.S.

C o n s t . t w e l f t h amendment).

r h u s , i f o n e of t h e t o p t h r e e P r e s i d e n t i a l c a n d i d a t e s were t o d i e , t h e House c o u l d

do no more t h a n make i t s d e c i s i o n among t h e s u r v i v o r s .

And i f one of t h e two

Vice P r e s i d e n t i a l c a n d i d a t e s Mere t o d i e , t h e S e n a t e would h a v e t o c h o o s e t h e

s u r v i v o r s i n c e i t must c h o o s e from among o n l y two c a n d i d a t e s .

S e c t i o n 4 of t h e

t w e n t i e t h amendment h a s a u t h o r i z e d C o n g r e s s t o change s u c h a s i t u a t i o n by law,

b u t i t h a s n o t y e t done s o ; s e c t i o n 4 p r o v i d e s a s f o l l o w :

The C o n g r e s s may by law p r o v i d e f o r t h e case of

t h e d e a t h of any of t h e p e r s o n s from whom t h e d o u s e

o f i t e p r e s e n t a t i v e s may c h o o s e a P r e s i d e n t whenever

t h e r i g h t of c h o i c e s h a l l have d e v o l v e d upon them,

and f o r t h e c a s e o f t h e d e a t h of a n y o f t h e p e r s o n s

from whom t h e S e n a t e s a y c h o o s e a Vice P r e s i d e n t

Mhenever t h e r i g h t o f c h o i c e s h a l l have d e v o l v e d

upon them.

Condress has never enacted legislation to meet this continbency.

House Re-

port 345 (72nd Congress) did state "Xo attempt has been made to indicate the manner in which Congress should provide, (for the case of the death of one of the

three highest where the election is throrn into the House) for your committee

did not feel that it should assume the responsibility of selecting one of the many

possible policies dhich might be applicable.

Under some circumstances, for ex-

ample, it might be advisable to provide for a substitution of a name for the name

of the decsased candidate and to permit the election by the Uouse to proceed as

it otherdse rould; under other circumstances it might be advisable to provide

for a reconvening of the Electoral Gollege; again it might ba necessary to provide that a designated officer shall act temporarily as President until a President can b2 chosen in the manner prescribed by law; and other methods might be

selected by the Songress."

The same suggested resolutions to the problem were

suggested for the case of the death of one of the two highest candidates dhere

the election is thrown into the Senate.

In case such an eventuality did occur as respects any of the three candidates for President from whom the House would choose, or the two candidates for

Vice President from dhom the Senate would choose, the respective Houses would have

no alternative but to select from the remaining candidates, in the absence of the

necessary legislation.

(See remarks of Representative iozier, during the debate

on the tdentieth amendaent, 75 Congressionai Record p . 3d33 (1932).)

Or, as the douse Report on the Amendaent (supra) surmised, "If one of the

three persons has died, the political party which he represents rould be practically disfranchised", since "It seems certain that votes cast for a dead man could

not legally be counted."

The Report declared that it might be necessary for that

?arty, "through political strategy, to prevent an election by the :louse, and r i s ~

r e c e i v i n g f a v o r a b l e r e s u l t s i n t h e S e n a t e assuming t h a t t h e e l e c t i o n of t h e Vice

P r e s i d e n t i s tnrown i n t o t h e S e n a t e a s c o u l d u n d o u b t e d l y happen."

P a i l u r e t o E l e c t by I n a u g u r a t i o n Day

President

S e c t i o n 3 of t h e t w e n t i e t h amendment p r o v i d e s t h a t " i f a P r e s i d e n t s h a l l

n o t h a v e been c h o s e n b e f o r e t h e t i m e f i x e d f o r t h e b e g i n n i n g of h i s term, o r i f

the President-elect

s h a l l have f a i l e d t o q u a l i f y , t h e n t h e V i c e P r e s i d e n t - e l e c t

s h a l l a c t a s P r e s i d e n t u n t i l a P r e s i d e n t s h a l l have q u a l i f i e d . "

This provision

t a ~ e sc a r e , p r i m a r i l y , of t h e s i t u a t i o n where t h e e l e c t i o n of t h e P r e s i d e n t i s

t h r o r n i n t o t h e House a n d t h e House h a s n o t s e l e c t e d a P r e s i d e n t by noon of J a n u a r y

20- I n s u c h a n e v e n t , t h e Vice P r e s i d e n t - e l e c t ,

w h e t h e r h e had been e l e c t e d b j

t h e e l e c t o r a l c o l l e g e o r by t h e S e n a t e , would become A c t i n g P r e s i d e n t u n t i l s u c h

t i m e a s t h e d o u s e made i t s s e l e c t i o n . When t h e House h a s e l e c t e d t h e P r e s i d e n t ,

t h e n t h e Vice P r e s i d e n t who i s a c t i n g P r e s i d e n t would become V i c e P r e s i d e n t .

P r e s i d e n t and Vice P r e s i d e n t

I f n e i t h e r t h e House n o r t h e S e n a t e h a s r e s p e c t i v e l y e l e c t e d t h e P r e s i d e n t

o r t h e Vice P r e s i d e n t by noon of J a n u a r y L O , t h e n t h e p r o v i s i o n of S e c t i o n 3 of

t h e t w e n t i e t h amendment r o u l d come i n t o p l a y .

P u r s u a n t t o 3 U.S.C.

§ 19, the

S p e a k e r of t h e House would r e s i g n a s S p e a k e r and a s a member of t h e i-louse and

be aworn i n a s a c t i n g P r e s i d e n t a t noon on J a n u a r y 2 0 .

He would c o n t i n u e i n t h e

o f f i c e u n t i l e i t h e r t h e House had e l e c t e d a P r e s i d e n t o r t h e S e n a t e a Vice President.

P r e s i d e n t and Vice P r e s i d e n t Being R e s i d e n t s of t h e Same S t a t +

The t r e l f t h amendment t o t h e U n i t e d S t a t e s C o n s t i t u t i o n p r o v i d e s i n p a r t :

"The E l e c t o r s s h a l l meet i n t h e i r r e s p e c t i v e s t a t e s ,

and v o t e by b a l l o t f o r P r e s i d e n t and Vice P r e s i d e n t ,

one of whom, a t l e a s t , s h a l l n o t be a n i n h a b i t a n t of

t h e same s t a t e w i t h t h e m s e l v e s . . . . "

A l s o , i n a r t i c l e 11, s e c . 1, c l . 3 o f t h e Z o n s t i t u t i o n , t h e l a n g u a g e "one o f whom,

a t l e a s t , s h a l l n o t be a n i n h a b i t a n t of t h e same s t a t e w i t h t h e a s e l v e s , " a p p e a r s

and was s u p e r s e d e d by t h e t w e l f t h amendment a l t h o u g h none of t h e c h a n g e s made by

t h e t w e l f t h amendment a f f e c t e d t h i s c l a u s e .

This p r o v i s i o n has r a i s e d t h e q u e s t i o n whether t h e C o n s t i t u t i o n r e q u i r e s t h a t

t h e P r e s i d e n t and Vice P r e s i d e n t be r e s i d e n t s o f d i f f e r e n t s t a t e s .

Although t h e r e

have bean no j u d i c i a l d e c i s i o n s i n t e r p r e t i n g t h i s p r o v i s i o n , i t i s g e n e r a l l y cons t r u e d a s n o t p r o h i b i t i n g t h e e l e c t i o n of a P r e s i d e n t and Vice P r e s i d e n t from

t h e same s t a t e .

The p r o v i s i o n merely p r o h i b i t s t i l e e l e c t o r s of t h e E l e c t o r a l

C o l l e g e of a p a r t i c u l a r s t a t e from v o t i n g f o r two p e r s o n s

- one t o be P r e s i d e n t ,

t h e o t h e r Vice P r e s i d e n t - who a r e w i t h i n h a b i t a n t s of t h e same s t a t e a s e l e c t o r s

who a r e v o t i n g .

F o r example, i f t h e P r e s i d e n t i a l and Vice P r e s i d e n t i a l c a n d i d a t e s

s e r e from t h e same s t a t e , t h e e l e c t o r s of t h a t s t a t e c a n v o t e f o r o n l y one of

t h e c a n d i d a t e s who i s on i n h a b i t a n t of t h a t s t a t e .

Assuming t h a t t h e y would

c a s t t h e i r v o t e s f o r t h e P r e s i d e n t i a l c a n d i d a t e , t h e y would n o t be a b l e t o

c a s t t h e i r v o t e s f o r t h e V i c e P r e s i d e n t i a l c a n d i d a t e s i n c e t h a t c a n d i d a t e would

be of t h e same s t a t e .

T h e r e f o r e , f o r t h e s e c o n d o f f i c e , t h e Vice P r e s i d e n t i a l

o f f i c e i n t h i s example t h e e l e c t o r s of t h a t s t a t e must e i t h e r v o t e f o r a n i n h a b i t a n t of any o t h e r s t a t e who i s a c a n d i d a t e f o r t h a t o f f i c e o r l o s e t h e i r e l e c t o r a l vote a s t o that office.

However, t h e e l e c t o r s o f a l l of t h e o t h e r f o r t y -

n i n e s t a t e s may v o t e f o r t h e two c a n d i d a t e s from t h e same s t a t e i f t h e y c h o s e .

11. State Laws Concerning The Nomination And Election Of

Presidential Electors

Appointment of Electors

Under Article 11, section 1, clause 2 of the United States constitution,

the President is neither elected directly by the voters nor elected by the

Congress, but is instead elected by presidential electors; that provision

r e a d s a s follows: "Each state shall appoint, in such manner a s the legislature thereof may direct, a number of electors, equal to the whole number

of senators and representatives to which the state may be entitled in the

Congress..

The United S t a t e s u p r e m e Court in McPherson v. Blacker,

not provide:

146 U. S. 1 (1892), noted that the United States Constitution does (1) that the appointment of electors shall be by popular vote; ( 2 ) that the electors

shall be voted for upon a general ticket; and ( 3 ) that the majority who vote

can alone choose the electors. [Id.,

- 271.

People act through their r e p r e s e n -

tatives in the legislature, and the method of appointing electors to the Electoral

College is left to the state legislature.

Thus, the appointment and the mode

of appointment of electors to the Electoral College belong exclusively to the

States under the United States Constitution. [Ibid. 1.

F o r example, the state

legislature may provide f o r the choice of electors by d i s t r i c t s o r by a s t a t e wide general ticket.

[Id. , 361.

And in Ray v. Blair, 3 4 3 U. S. 214 (1952), the United States Supreme

Court held that, when a state authorizes a political party to choose i t s

nominees f o r presidential electors in a p r i m a r y election and to fix the

qualifications f o r the candidates, it is not violative of the Constitution for

the party t o r e q u i r e the candidates f o r presidential elector t o take a

pledge t o support the nominees of the p a r t y ' s national convention f o r

president and vice president o r f o r the party t o r e f u s e to certify a

person a s a candidate f o r presidential elector who r e f u s e s t o take such

- 224-2251.

a pledge. [Id.

A s t a t e ' s o r a political p a r t y ' s exclusion of

candidates f r o m a p a r t y p r i m a r y because they will not pledge t o support

the p a r t y ' s nominees is a method of s e c u r i n g party loyalty and is an

e x e r c i s e of the s t a t e ' s right t o appoint e l e c t o r s a s it m a y choose subject t o constitutional limitations.

[Id., 2261,

Even though the States and the D i s t r i c t of Columbia have d i s c r e t i o n

in choosing the electors, the Supreme Court h a s recognized a f e d e r a l

i n t e r e s t in protecting the integrity of the E l e c t o r a l College p r o c e s s .

The

Court h a s upheld the power of Congress t o protect v o t e r s in e x e r c i s i n g

t h e i r right f r e e l y s o that the votes by which the P r e s i d e n t is elected s h a l l

be the f r e e votes of the e l e c t o r s .

E x P a r t e Yarbrough, 110 U. S. 651, 662

(1884). Moreover, in Burroughs And Cannon

v. United States, the Supreme

Court held that Congress h a s the power to protect the choice of e l e c t o r s

f r o m fraud and corruption. [290 U. S. 534, 546 (1934)l.

Under Article 11, section 1, the power of the States t o p a s s laws

regulating the selection of presidential and vice-presidential e l e c t o r s is

extensive,

but such power cannot be exercised in such a way a s t o violate

e x p r e s s constitutional provisions that would specifically b a r States from

passing c e r t a i n kinds of laws such a s those which would effectively limit

access to the ballot to electors of the two major political parties.

Williams v. R.hodes, 393 U. S. 23,24 (1968). State laws that a r e enacted

to regulate the selection of electors must meet the requirements of the

Equal Protection Clause of the Fourteenth Amendment.

[Id.,

- 28-29].

Congress pursuant to Article 11, section 1, clause 3 s e t s the date f o r

the election of presidential and vice presidential electors; that provision

provides:

The Congress may determine the time of choosing the electors,

and the day on which they shall give their votes; which day shall be the

s a m e throughout the United States. I t By statute Congress has s e t the

date a s the Tuesday next after the f i r s t Monday in November in every

fourth y e a r succeeding every election of a President and Vice President.

[Ch. 644, 62 Stat. 672 (1948); 2 U . S

.C. § 11.

The candidates for president and vice president who a r e nominated

at the respective national conventions a r e generally entitled under the

laws of the States to have their names placed on the general election ballot.

This is a m e r e formality since the president and the vice president a r e

actuality elected by the electors under the Constitution. The electors a r e

state officers who a r e nominated and elected according to state law.

In R.e

Green, 134 U. S. 377, 379 (1890). The electors a r e generally paid some

f o r m of compensation by the States; often this is usually only n e c e s s a r y

traveling expenses.

The practice of the States -may differ a s to the printing of names of

presidential and vice presidential electors on the general election ballot.

Some States print only the names of the electors on the ballot; other

States p r i n t the names of both the electors and the presidential and the

vice presidential candidates on the ballot; and other States print only

the names of the presidential and vice presidential candidates on the

ballot.

And voters who cast their ballots for president and vice president

a r e actually voting for electors and not for presidential and vice p r e s i dential candidates.

The laws of the various States differ a s to the method of nominating

the electors.

The methods of nomination in the various States fall into

three categories: (1) .state party conventions,

( 2 ) s t a t e party committees,

and ( 3 ) state party primaries.

B. -State P a r t y Conventions:

The following States nominate the presidential and vice presidential

electors by the state conventions of the political parties: Alaska, Arkansas,

California, Colorado, Connecticut, Delaware, Hawaii, Idaho, Illinois,

Indiana, Iowa, Kansas, Kentucky, Maine, Maryland, Mas'sachusetts, Michigan,

Minnesota, Mississippi, Montana, Nebraska, Nevada, New Hampshire,

New Mexico, North CaroSina, North Dakota, Ohio, Oklahoma, Oregon,

Rhode Island, South Dakota, Texas, Utah, Vermont, Virginia, Washington,

West Virginia, Wisconsin, and Wyoming.

C. State Pa r t y Committees:

The following States nominate the presidential and vice presidential

electors by the state committees of the political parties: District of

CRS-29

Columbia, Florida, Louisiana, Missouri, New J e r s e y , Ne w Y ork,

Pennsylvania, South Carolina, and Tennessee. Note that in Florida,

the Governor nominates the electors of each political party; however,

only the electors recommended by the state executive committee of the

respective political parties a r e nominated. [Florida Statutes Ann.,

5 103.021 (I)]. And note that in Pennsylvania, presidential electors a r e

nominated by the presidential nominee of each political party. [Pennsylvania Statutes Ann., title 25, § 28781.

D. State Party Primaries

In Arizona, electors a r e nominated at the general state p r i m a r y

which is held on the eighth Tuesday p r i o r to the general election which

in 1984 will be held on September 11, 1984. [Arizona R.evised Statutes,

§ 16-2011.

In most States and the District of Columbia the slate of electors

which wins the highest plurality of votes is elected.

And that slate

will meet on the f i r s t Monday after the second ~ e d n e s d a yin December

and vote for president and vice president.

This meeting and casting

of votes f o r presidential ana vice presidential candidates i s known

as the Electoral College.

[3 U. S. C. § 71.

However, in the State of

Maine, the electors cast their ballots for the slate of electors which

won the highest plurality of votes by congressional district, and there

a r e two at-large electors who cast their ballots for presidential and

vice presidential candidates who received the largest number of votes

in Maine.

Consequently, unlike other States and the District of Columbia,

the electoral votes in Maine may be cast for different candidates.

Revised Statutes, title 21, § 1184 (1) (A)].

[Maine

- ---

S u m m a r i e s Of

State Laws R.elating T o The

--- Nomination And Election Of

P r e s i d e n t i a l Ana Vice P r e s i d e n t i a l Electors*

ALABAMA

Presidential Electors: 9

A. NOMINATION

(1)Major parties

The nomination of electors is by party organization. There is

no explicit statutory provision for a primary election to

select electors (Code of Alabama, $ 17-19-2). When presidential electors are to chosen, the Secretary of State certifies to

the judges of probate of the several counties the names of all

candidates for President and Vice President who are nominated by any national convention (Ibid.). The certificate of

nomination must be signed by the presiding officer and secretary of the convention and by the chairman of the State

executive or central committees making the nomination

(Ibid.). Each certificate of nomination and nominating petition must be accompanied by a list of names and addresses

of persons, who are qualified voters, equal to the number of

presidential electors to be chosen (Ibid.). Such certificates

must be filed in the office of the Secretary of State no later

than the last day of August preceding the general election

(Ibid.).

(2)Minor and new parties

Candidates for President and Vice President may be nominated by a national convention or other like assembly of any

political party ($ 17-19-2). The nominating petitions must be

filed in the office of the Secretary of State no later than the

last day of August before the general election (Ibid.). The

Secretary of State certifies to the judges of probate of the

several counties the names of all candidates for President

and Vice President who are nominated by a n national convention (Ibid.). Each certificate of nomination is to be accompanied by a list of names and addresses of persons equal in

number to the number of presidential electors to be chosen.

(3) Independent candidates

The Secretary of State must certify to the judges of probate

of the several counties the names of candidates for President

and Vice President who are nominated by written petition

signed by a t least 5,000 qualified voters of the State ($17-192). The nominating petition is to be filed in the office of the

Secretary of State no later than the last day of August preceding the general election (Ibid.).

Pledge

Each person listed on each certificate of nomination and

nominating petition shall agree that, if elected, he or she

shall cast a ballot as elector for the nominees listed on such

certificate (§ 17-19-2).

B. NAMES ON GENERAL ELECTION BALLOTS

The names of all candidates for President and Vice President shall be printed on the official ballots under the

The s u m m a r i e s a r e taken f r o m the book entitled Nomination

And Election Of The P r e s i d e n t And Vice P r e s i d e n t Of The United

States, 1984 by Thomas M. Durbin, American Law Division, Congress-.

ional R e s e a r c h Service, L i b r a r y of Congress, U. S. Government

Printing Office: 1984. [S. Prt. 98-1501

emblem of their respective political parties (5 17-19-31. The

names of the electors of the candidates for President and

Vice President shall not be printed upon the ballots (Ibid.).

C. STATUTORY INSTRUCTIONS

The electors of President and Vice President are to assemble

at the office of the Secretary of State, a t the seat of government a t 12:OO o'clock noon on the second Tuesday in December next after their election, or at that hour on such other

day as may be fixed by Congress, to elect such President and

Vice President, and those of them present a t that hour must

at once proceed by ballot and plurality of votes to supply the

places of those who fail to attend on that day and hour (9 1719-7).

ALASKA

Presidential Electors: 3

A. NOMINATION

(1) Major parties

The nomination of electors is by State party convention or in

any other manner prescribed by the bylaws of the party. The

chairman and secretary of the State convention or any other

party official designated by the party bylaws shall certify a

list of names of candidates for electors to the Lieutenant

Governor, on or before September 1 in presidential election

years (Alaska Statutes, 5 15.30.020)

(2) Party pledge

The party shall require from each candidate for election a

pledge that as an elector he will vote for the candidates

nominated by the party of which he is a candidate

(9 15.30.040)

(3) Minor parties

A limited political party may be organized for the purpose of

selecting candidates for electors of President and Vice President of the United States by filing a petition with the Lieutenant Governor a t least 90 days before a presidential election signed by qualified voters of the State equaling in

number at least three percent of Alaska's total vote for

President at the last presidential election. The petition shall

state that the signers intend to organize a political party,

that they intend to select candidates for electors of President

and Vice President of the United States a t the next succeeding presidential election, and the name of the political party

(9 15.30.025(a)).

A political party so organized may not assume a name which

is so similar to an existing political party as to confuse or

mislead the voters a t an election. If the Lieutenant Governor

determines that the name of the political party set out in a

petition is confusing or misleading, he may refuse to accept

the petition for filing (9 15.30.025@)).

A political party organized under this section shall cease to

be a political party whenever its presidential candidate fails

to receive at least 10 percent of the total Alaskan vote cast

for the office of President a t a presidential election

(0 15.30.025(c)).

Presidential electors may be nominated by political parties

in Alaska (5 15.30.20).

B. NAMES ON GENERAL ELECTION BALLOTS

Names of candidates are printed on the ballots and a vote

marked for the candidates for President and Vice President

is considered and counted as a vote for the presidential electors of the party ($9 15.15.030(7); 15.30.050).

C. STATUTORY INSTRUCTIONS

The electors shall meet a t the office of the Lieutenant Governor or other place designated by him a t 11:OO o'clock in the

morning on the first Monday after the second Wednesday in

December following their election. They shall proceed to cast

their votes for the candidates for the office of President and

Vice President of the party which selected them as candidates for electors and shall perform the duties of electors as

required by the constitution and laws of the United States

($9 15.30.070; 15.30.090).

ARIZONA

Presidential Electors: 7

A. NOMINATION

(1)Major parties

Electors are nominated a t the general State primary held on

the eighth Tuesday prior to the general election, i.e., September 11, 1984 (Arizona Revised Statutes, 4 16-201, Supp.). A

nomination petition must be filed with the Secretary of State

signed by a number of electors equal to a t least one percent

of the vote cast for the party's candidate for Governor in a t

least three counties in the State a t the last gubernatorial

election but not less than one percent nor more than 10 percent of the total vote of his party in the State (§ 16-322A,

Supp.). Nomination papers of a candidate for the office of

presidential elector shall be filed with the Secretary of State

not less than 75 nor more than 105 days before the primary

election (§ 16-311A, C, Supp.).

(2) Minor a n d new parties

A new political party may become eligible for recognition

and shall be represented by an official party ballot a t the

next ensuing regular primary election and accorded a

column on the official ballot a t the succeeding general election upon filing with the Secretary of State a petition signed

by a number of qualified electors equal to not less than two

percent of the votes cast for governor at the last preceding

general election ($ 16-801, Supp.).

(3) Independent candidates

A nominating petition, signed by a t least one percent of the

qualified electors of the State, county, subdivision or district

for which the candidate is nominated, who have voted for

Governor a t the last general election a t which a Governor

was elected, shall be filed with the Secretary of State within

10 days after the primary election (9 16-341, Supp.).

B. NAMES ON GENERAL ELECTION BALLOTS

When presidential electors are to be voted for, the candidates therefor of each party shall be grouped and printed together, arranged in each group in alphabetical order, and

the entire group of electors of each party shall be enclosed in

a scroll or bracket to the right and opposite the center on

which shall be printed in bold-type the surname of the presidential candidate represented. To the right of and on a line

with the surname shall be placed a square in which the

voter may indicate his choice by the mark X, and one such

mark opposite a group presidential electors shall be counted

as vote for each elector in such group (5 16-507, Supp.).

C. STATUTORY INSTRUCTIONS

None.

ARKANSAS

Presidential Electors: 6

A. NOMINATION

(1)Major parties

In each ear in which a President and Vice President of the

United tates are chosen, each political party or group in

the State shall choose by its State convention electors of

President and Vice President of the United States and such

State convention of such party or group shall also choose

electors at large, if any are to be appointed for the State and

such State convention of such party or group shall by its

chairman and secretary certify the total list of such electors

together with electors a t large so chosen to the Secretary of

State.

The filing of such certificate with said Secretary of State, of

such choosing of electors shall be deemed and taken to be

the choosing and selection of the electors of this State, if

such party or group is successful a t the polls as herein provided in choosing their candidates for President and Vice

President of the United States (Arkansas Revised Statutes

Annotated, $3-207(a)).

(2) Minor and new parties

Any group of voters desiring to file a petition with the Secretary of State signed by qualified electors equal in number to

a t least three percent (3%) of the total vote cast for the office

of Governor or nominees for presidential electors, a t the last

preceding election, so as to establish a political party shall

file said petition not later than twelve o'clock (12:OO) noon on

the first Tuesday in May before the preferential primary

election. All petitions must be circulated during the period

beginning January 1 and ending the first Tuesday in May of

any year ($9 3-101(a), 3-113(d)).

(3) Independent candidates

Any person desiring to have his name placed upon the ballot

as an independent candidate without political party affiliation for any State, county, township or district office, shall

in any general election in this State file as an independent

candidate not later than twelve o'clock (12:OO) noon on the

Monday immediately preceding the preferential primary

election, and shall furnish a t the time he files as a n independent candidate [petitions] signed by not less than three

percent (3%) of the qualified electors of the State, or 10,000

signatures of qualified electors whichever is the lesser, each

of whom shall be a registered voter and such petitions shall

be directed to the official with whom such person is required

by law to file nomination certificates to qualify as a candidate, requesting that the name of such person be placed on

the ballot for election to the office mentioned in the petition.

Such petitions shall be circulated not earlier than sixty (60)

calendar days prior to the deadline for filing such petitions

to qualify as an independent candidate (9 3-105(c)).

B. NAMES ON GENERAL ELECTION BALLOTS

The names of candidates of political parties or groups for

electors of the President and Vice President shall not be

printed on the general election ballot. In lieu thereof, the

names of the candidates for President and Vice President

with the particular party designation of each shall be so

printed. A vote for the presidental and vice-presidential candidates shall be deemed to be a vote for the electors thereof

(9 3-207(b)).

If more than one certificate of choice and selection of electors of the same political party or group is filed, the constitutional officers of the State shall determine which set was

chosen by the authorized convention of a party or group (8 3207(d)).

C. STATUTORY INSTRUCTIONS

The electors shall meet a t the office of the Secretary of State

in the State capitol a t the time appointed by the laws of the

United States a t 10:OO a.m., and give their votes for President and Vice President of the United States, and perform

such duties as are or may be required by law (9 3-210).

CALIFORNIA

Presidential Electors: 47

A. NOMINATION

(1)Major parties

(a) Democratic Party

In each year of the general election a t which electors of

President and Vice President of the United States are to be

chosen, each congressional nominee shall designate one

presidential elector and shall file his or her name, residence

and business address with the Secretary of State by October

1 of the presidential election year. Each United States senatorial nominee, determined by the last two United States

senatorial elections, shall designate one presidential elector

and shall file his or her name, residence and business address with the Secretary of State by October 1 of the presidential election year. In the event there is no United States

senatorial nominee or no congressional nominee in any particular district, the State chairman shall designate one presidential elector for each vacancy and shall file his or her

name, residence and business address with the Secretary of

State by October 1 of the presidential election year (Cal.

Election Code, 5 8510).

(b) Republican Party

In each year of the general election a t which electors of

President and Vice President of the United States are to be

chosen, the Republican nominees for Governor, Lieutenant

Governor, Treasurer, Controller, Attorney General, and Secretary of State, the Republican nominees for United States

Senator a t the last two United States senatorial elections,

the Assembly Republican leader, the Senate Republican

leader, all elected officers of the Republican State Central

Committee, the National Committeeman and National Committeewoman, the President of the Republican County Central Committee Chairmen's Association, and the chairman or

president of each Republican volunteer organization officially recognized by the Republican State Central Committee

shall act.as presidential electors, except that Senators, R e p

resentatives, and persons holding a n office of trust or profit

of the United States shall not act as electors. The remaining

presidential elector positions, and any vacant positions, shall

be filled by appointment of the Chairman of the Republican

State Central Committee in accordance with the bylaws of

the committee. The name, residence and business address of

each such appointee shall be filed with the Secretary of

State by October 1st of the presidential election year. The

Republican State Central Committee shall adopt bylaws implementing the provisions of this section (Cal. Election Code,

5 9010, Supp.).

(2) Minor and new parties

A party is qualified to participate in any primary election:

(a) if a t the last preceding gubernatorial election there was

polled for any one of its candidates for any office voted on

throughout the State, a t least 2 percent of the entire vote of

the State; or

(b)if on or before the 135th day before any primary election,

it appears to the Secretary of State, as a result of examining

and totaling the statement of voters and their political affiliations transmitted to him by the county clerks, that voters

equal in number to a t least 1 percent of the entire vote of

the State a t the last preceding gubernatorial election have

declared their intention to affiliate with that party; or

there is filed with the Secretary of State a petition signed by

voters, equal in number to a t least 10 percent of the entire

vote of the State a t the last preceding gubernatorial election,

declaring that they represent a proposed party, the name of

which shall be stated in the petition, which proposed party

those voters desire to have participate in that primary election. This petition shall be circulated, signed, verified and

the signatures of the voters on it shall be certified to and

transmitted to the Secretary of State by the county clerks

substantially as provided for initiative petitions. Each page

of the petition shall bear a caption in l&point blackface

type, which caption shall be the name of the proposed party

followed by the words "Petition to participate in the primary

election." No voters or organization of voters shall assume a

party name or designation which is so similar to the name of

an existing party as to mislead voters (§ 6430).

Whenever a group of electors desires to qualify a new political party meeting the requirements of section 6430, said

group shall form a political body by:

(a) holding a caucus or convention a t which temporary officers shall be elected and a party name designated, which

name shall not conflict with that of any existing party or political body which has previously filed notice pursuant to

subdivision (b): and

(b) filing formal notice with the Secretary of State that the

political body has organized, elected temporary officers, and

declared an intent to qualify a political party pursuant to

$6430. The notice shall include the names and addresses of

the temporary officers of the political body (5 9951).

Minor and new parties select their candidates for presidential electors a t respective State conventions and certify the

names of the electors nominated to the Secretary of State.

(3) Independent candidates

Whenever a group of candidates for presidential electors,

equal in number to the number of presidential electors to

which this State is entitled, files a nomination paper with

the Secretary of State pursuant to this chapter, the nomination paper may contain the name of the candidate for President of the United States and the name of the candidate for

Vice President of the United States for whom all of those

candidates for presidential electors pledge themselves to vote

($ 6803).

When a group of candidates for presidential electors designates the presidential and vice presidential candidates for

whom all of the group pledge themselves to vote, the names

of the presidential candidate and vice-presidential candidate

designated by that group shall be printed on the ballot

($ 6804).

Nomination papers for a statewide office for which the candidate is to be nominated shall be signed by voters of the

State equal to not less in number than one percent of the

entire number of registered voters of the State a t the time of

the close of registration prior to the preceding general election (6 6831).

~ o m & a t i o npapers shall be filed with the county clerk not

more than 129 nor less than 64 days before the day of the

elecion, and shall be prepared, circulated, signed, verified

and left with the county clerk for examination no earlier

than 148 days before the election and no later than 500 p.m.

88 days before the election ($ 6833).

B. NAMES ON GENERAL ELECTIONS BALLOTS

The names of the candidates for President and Vice President of the several political parties are printed on the ballot.

Names of the candidates for electors shall not be printed on

the ballot ($5 10201, 10210; 10213 Supp.).

C . STATUTORY INSTRUCTIONS

The electors chosen shall assemble a t

2:00 o'clock in the afternoon on the first

second Wednesday in December next following their election

(5 25103).

In case of the death or absence of any elector chosen, or if

the number of electors is deficient for any other reason, the

electors then present shall elect, from the citizens of the

State, as many persons as will supply the deficiency

(5 25104.)

The electors, when convened, if both candidates are alive,

shall vote by ballot for that person for President and that

person for Vice President of the United States, who are respectively, the candidates of the political party which they

represent, one of whom, at least, is not an inhabitant of this

State (5 25105).

COLORADO

Presidential Electors: 8

A. NOMINATION

(1) Major parties

The nomination of presidential electors may be by State

party convention, or a committee authorized by such convention, or by petition for nomination of an independent candidate (Colorado Revised Statutes, $9 1-14-107, 1-14-201(2)).

(2) Minor and new parties

A "major political party" means one of the two political parties whose candidate for Governor at the last preceding gubernatorial election received the first and second greatest

number of votes (5 1-1-104(13)).

A "minor political party" means a political party other than

a major political party (5 1-1-104(16)).

A certificate of nomination by a convention of a minor party

shall be prepared which shall contain the candidates' names

and addresses, the names of the candidates for President and

Vim-President, and shall designate in not more than 3 words

the political or other name which the signers shall select. A

candidate nominated by a "minor political party" shall file

his written acceptance with the Secretary of State within 7

days after the adjournment of the convention ($5 1-14-107(5).

Minor parties may nominate candidates for presidential electors in the same manner as major parties.

Groups of electors which do not qualify as a "political part "

may nominate their candidates in the same manner as in ependent candidates (9 1-14-301).

(3) Independent candidates

Nominations for presidential electors to be elected at the

general election and for candidates to fill vacancies to unexpired terms of Representatives in Congress to be elected at a

special election may be made by a convention of a political

party, or by a committee authorized by such convention, or

by petition for nomination of an independent candidate (5 114-201(2)). A certificate of nomination shall be prepared

which shall contain the names of any candidates for offices

to be filled and their addresses, and shall designate in not

more than 3 words the political or other names which the

signers shall select. In the case of nominations for electors

for President and Vice President, names of the candidates

for President and Vice President shall be added. No name of

any political party shall be used for this purpose. The certificate shall be signed by 5,000 registered voters when the

nomination is for an office to be filled by the entire State,

and shall contain the candidate's acceptance. The certificate

may not be circulated earlier than 49 days before the election and must be filed with the Secretary of State not later

than 3:00 p.m. on the Tuesday preceding the election ($9 114-201, 1-14-301).

B. NAMES ON GENERAL ELECTION BALLOTS

The names of the presidential electors shall not be printed

upon the ballot, but the names of the candidates of their respective parties or potitical groups for President and Vice

President shall be printed together in pairs under the title

"Presidential Electors." A vote for any such pair of candidates shall be a vote for the electors of the arty or potitical

group by which such candidates were name (5 1-4-207(3)).

C. STATUTORY INSTRUCTIONS

(1) The electors of President and Vice President of the

United States shall convene a t the capital of the State, in

the office of the Governor a t the capitol building, on the first

Monday after the second Wednesday in December, next after

their election, a t the hour of twelve noon, and take the oath

required by law for such presidential electors. If there is any

vacancy in the office of presidential electors, occasioned by

death, refusal to act, neglect to attend, or other cause, the

presidential electors present shall immediately proceed to fill

such vacancy in the Electoral College. When the vacancies

have been filled, they shall proceed to perform the duties required of such presidential electors by the constitution and

laws of the United States, and vote for President and Vice

President by open ballot.

(2) It shall be the duty of the Secretary of State to give

notice in writing to each of the presidential electors, at least

ten days prior thereto, of the time and place of said meeting.

(3) The Secretary of State shall provide such presidential

electors with the necessary blanks, forms, certificates, or

other papers or documents required to enable them to properly perform their duties.

(4) If desired, such presidential electors may have the advice

of the Attorney General of the State respecting their official

duties.

(5) Each presidential elector shall be required to vote for the

pair of presidential and vice-presidential candidates who received the highest number of votes a t the preceding general

election in Colorado ($ 1-17-1011.

CONNECTICUT

Presidential Electors: 8

A. NOMINATION

(1)Major parties

The electors in the several towns in the State, a t the State

election in 1964, and quadrennially thereafter, shall elect

electors of President and Vice President of the United

States, not exceeding in number the whole number of Senators and Representatives to which the State is then entitled

in the Congress of the United States. Voting shall be conducted and the result declared, and the returns thereof

made, as is provided in respect to State elections. The Secretary of State shall, on or before the first Monday of October

of the year in which such presidential electors are to be

elected, transmit blank forms to the several town clerks for

the return of the votes; and the lists and returns of the votes

shall be made out, certified and directed according to such

forms (Connecticut General Statutes, $ 9-175, Supp.).

Generally the nomination of electors of President and Vice

President is by political conventions of the respective major

parties ($9-175, Supp.).

(2) Minor and new parties

A minor party is a political party or organization which is

not a major party and whose candidate for the office in question received a t the last-preceding regular election for such

office, under the designation of that political party or organization, a t least one per cent of the whole number of votes

cast for all candidates for such office a t such election ($ 9372(6), Supp.).

Party rules

At least one copy of the party rules regulating the manner of

nominating its candidates must be filed with the Secretary

of State a t least 60 days before the nomination ($ 9-374,

Supp.).

(3) Independent candidates

An individual may also obtain a place on the election ballot

label by nominating petition. No name of any candidate

shall be printed on any official ballot a t any election except

the name of a candidate nominated by a major or minor

party unless a nominating petition for such candidate is approved by the Secretary of State as provided in sections 9453a to 9-453p, inclusive ($ 9-379, Supp.).

Application must be accompanied by a signed statement of

candidate's consent and the party designation, if any. Signatures of qualified voters are required, equal in number to

one percent of all votes cast for the same office at the last

preceding election for such office. The petition should be

filed with the town clerk of each town in which it was circulated a t least 10 weeks before election with a statement of

each circulator of the nominating petition ($9 9-453b to 9453d; 9-453i, Supp.).

B. NAMES O N GENERAL ELECTION BALLOTS

When a n election is to be held for the choice of presidential

electors, if any political party has nominated candidates for

president and vice president of the United States, and presidential electors to vote for such presidential and vice presidential candidates have been nominated by a political convention of such party in this State, or in such other manner

as entitles the names of such electors to be placed upon the

official ballots to be used in such election, the Secretary of

State and any other official charged with the preparation of

official ballots to be used in such election, in lieu of placing

the names of such presidential electors on such official ballots, shall place on such official ballots a space with the

words "Presidential electors for (here insert the last name of

the candidate for President, the word 'and' and the last

name of the candidate for Vice President)"; and a vote cast

therefor shall be counted, and shall be in all respects effective, as a vote for each of the presidential electors representing such candidates for President and Vice President ($9175, Supp.).

C. STATUTORY INSTRUCTIONS

The presidential electors shall meet a t the office of the Secretary of the State a t 12:OO o'clock, noon, on the first

Monday after the second Wednesday of the December following their election and, as required by the constitution and

laws of the United States, shall cast their ballots for President and Vice President. Each such elector shall cast his ballots for the candidates under whose names he ran on the official election ballot, as provided in section 9-175. If any such

elector is absent or if there is a vacancy in the Electoral College for any cause, the electors present shall, before voting

for President and Vice President, elect by ballot an elector to

fill such vacancy, and the person so chosen shall be a presidential elector, shall perform the duties of such office and

shall cast his ballots for the candidates to whom the elector

he is replacing was pledged (5 9-176).

DELAWARE

Presidential Electors: 3

A. NOMINATION

(1)Major parties

The nominations of the candidates for electors of President

and Vice President of the United States, together with the

names of the candidates for President and Vice President,

and for United States Senator, Representative in Congress,

Governor and all other State offices shall be certified to the

State Election Commissioner by the presiding officer and secretary of the State convention or committee of each political

party eligible to place candidates upon the ballot. The Commissioner shall forthwith send copies of each certificate of

nomination to each county department of elections (Delaware Code Annotated, tit. 15, $3301(a)).

No candidate for the office of elector of President and Vice

President shall be deemed nominated and no certscate of

nomination for such candidate shall be made or filed, nor

shall the name of any such candidate be placed on the ballot

in any general election in this State, unless the candidate: (a)

shall have been so nominated by receiving more than 50% of

the eligible delegate vote on the final polled vote of a State

nominating convention of the political party advancing his

candidacy, at a convention held not later than the fourth

Saturday in July in the year of such general election and

who was not required to run in a primary election; or

(b)shall have received a majority of the votes cast by registered voters of the political party advancing his candidacy at

a statewide primary election (tit. 15, 5 3301(d)).

(2) Minor and new parties

"Party" or "Political Party" in Delaware is defined as any

political party, organization or association which elects delegates to a national convention, nominates candidates for

electors of President and Vice President, United States Senator, Representative in Congress, Governor and other offices,

and elects a State committee and officers of a State committee by a State convention composed of elected members from

each representative district, provided a registered party

member is available in each representative district (tit. 15,

lOl(13)).

Such parties shall nominate presidential electors by conventions or committees (tit. 15, $ 3301). Certificates of nomination shall contain a party title and ballot symbol (tit. 15,

$ 3302). The other provisions noted in (1) above applying to

major parties shall also be applicable to minor and new parties.

B. NAMES ON GENERAL ELECTION BALLOTS

Nominees of any party for President and Vice President are

placed on the ballot. A vote for the candidates for President

and Vice President shall be a vote for the electors of such

party, the names of whom are on file with the Secretary of

State (tit. 15, 5 5704; $ 4502).

C. STATUTORY INSTRUCTIONS

The Governor in October next preceding every election of

presidential electors shall by proclamation make known the

number of presidential electors to be chosen and the day of

the election (tit. 15, $4302). The electors chosen or appointed

for the election of a President and Vice President shall meet

and give their votes a t Dover on the day determined by Congress for that purpose (tit. 15, $ 4303).

DISTRICT OF COLUMBIA

Presidential Electors: 3

A. NOMINATION

(1) Major parties

Each political party who has had its candidate elected as

President of the United States after January 1, 1950, shall be

entitled to nominate candidates for presidential electors. The

executive committee of the organization recognized by the

national committee of each such party as the official organization of that party in the District of Columbia shall nominate by appropriate means the presidential electors for that

party. Nominations shall be made by message to the Board

of Elections and Ethics on or before September 1 next preceding a presidential election. (District of Columbia Code,

5 1-1312(d))

No person may be elected as a presidential elector in the

District unless (a) he is a registered voter in the District, and

(b) he has been a bona fide resident of the District for a

period of 3 years immediately preceding the date of the

presidential election (5 1-1312(g)).

(2) Minor and new parties

A minor party is a party which has not had its candidate

elected as President of the United States after January 1,

1950. (5 1-1312(d)). A minor or a new party may have the

names of its candidates for President and Vice President of

the United States printed on the general election ballot provided a petition nominating the appropriate number of candidates for presidential electors signed by at least one percent of registered qualified electors of the District of Columbia, as of July 1 of the year in which the election is to be

held is presented to the Board on or before the third Tuesday in August preceding the date of the presidential election

(9 1-1312(f)).

(3) Independent candidates

No provision.

B. NAMES ON GENERAL ELECTION BALLOTS

The names of the candidates of each political party for President and Vice President shall be place on the ballot under

the party title and device. The names of persons nominated

as candidates for electors of President and Vice President

shall not appear on the ballot (5 1-1312(e)). Each vote cast for

the candidate for President or Vice President whose name

appears on the general election ballot shall be counted as a

vote cast for the candidates for presidential electors of the

party supporting such presidential and vice presidential candidate (§ 1-1314(a)(2)).

C. STATUTORY INSTRUCTIONS

Each person elected as elector of President and Vice President shall, in the presence of the Board of Elections, take an

oath or solemnly affirm that he will vote for the candidates

of the party he has been nominated to re resent, and it shall

be his duty to vote in such manner in t e Electoral College

(8 1-1312(g)).

FLORIDA

Presidential Electors: 21

A. NOMINATION

(1)Major parties

The Governor shall nominate the presidential electors of

each political party. He shall nominate only the electors recommended by the State executive committee of the respective political party. Each such elector shall be a qualified

elector of the party he represents who has taken an oath

that he will vote for the candidates of the arty that he is

nominated to represent. The Governor sha 1 certify to the

Department of State on or before September 1, in each presidential election year, the names of a number of electors for

each political party equal to the number of Senators and

Representatives which this State has in Congress (Florida

Statutes Annotated, 103.021(1)).

(2) Minor and new parties

A minority political party is any such group, as defined

above, which on January 1 preceding a primary election does

not have registered as members five percent of the total registered electors of the State ($97.021(14)). A minor political

party may have the names of its candidates for President

and Vice President printed, and independent candidates for

President and Vice President may have their names printed,

on the general election ballots if a petition is signed by one

percent of the registered electors of Florida, as shown bg the

compilation by the Department of State for the last preceding general election. A separate petition shall be submitted

from each county for which signatures are solicited. Said petition shall be submitted to the supervisor of elections of the

respective county no later than August 15 of each presidential election year (5 103.021(3)).

Any minor political party which has met the petitioning requirements and will have the names of a candidate or candidates for any office or offices to be filled by a statewide election printed on the general election ballot, and which minor

party is affiliated with a national party holding a national

convention to nominate candidates for President and Vice

President of the United States, may have the names of its

candidates for President and Vice President of the United

States printed on the general election ballot by filing with

the Department of State a certificate naming the candidates

for President and Vice President and listing the required

number of persons to serve as electors. Notification to the

Department of State under this subsection shall be made by

September 1 of the year in which the election is held. When

the Department of State has been so notified, it shall order

the names of the candidates for whom the petition was circulated to be included on the ballot and shall permit the required number of persons to be certified as electors in the

same manner as other party candidates ($ 103.021(4)).

B. NAMES ON GENERAL ELECTION BALLOTS

On the ballot shall be printed the heading "Electors for

President and Vice President" and thereunder the names of

the candidates for President and Vice President nominated

by the political party which received the highest vote for

Governor in the last general election of the Governor in the

State, above which shall appear the name of the said party,

then shall appear the names of other candidates for President and Vice President who have been properly nominated

(5 101.151(3)).

The names of the presidential electors shall not be printed

on the general election ballot, but the names of the actual

candidates for President and Vice President for whom the

presidential electors will vote if elected shall be printed on

the ballot in the order in which the party of which the candidate is a nominee polled the highest number of votes for

Governor in the last general election ($103.021(3)).

C. STATUTORY INSTRUCTIONS

Each presidential elector shall, before noon on the day preceeding the day fixed by Congress to elect a President and

Vice President, give notice to the Governor that he is in Tallahassee and ready to perform the duties of presidential elector. The Governor shall forthwith deliver to the presidential

electors present a certificate of names of the electors; and if,

on examination thereof, it should be found that one or more

electors are absent, and such absent electors fail to appear

before 10:OO a.m. on the day of election of President and Vice

President, the electors present shall elect by ballot, in the

presence of the Governor, a person or persons to fill such vacancy or vacancies as may have occurred through the nonattendance of one or more of the electors (§ 103.061).

GEORGIA

Presidential Electors: 12

A. NOMINATIONS

(1)Major parties

Each candidate for the office of presidential elector must file

a notice of candidacy, giving his name, residence address and

the office he is seeking in the office of the Secretary of State

no later than 12:00 noon on the second Wednesday in June

preceding the general elections (Code of Georgia Annotated,

$34-1002(c), Supp.).

Each candidate must accompany this notice with a n affidavit

stating, among other things, that he is a qualified voter in

the county of his residence and that he will not knowingly

violate any provisions of the Election Code or of rules and

regulations adopted thereunder. (9 34-1002(e), Supp.). All

electors are elected from the State a t large. (9 34-1601,

Supp.).

(2) Minor and new parties

Political parties polling less than 20 percent of the vote cast

a t the preceding general election are known as "political organizations."

"Political party" is defined as a political organization whose

candidate a t the preceding gubernatorial election polled a t

least 20 percent of the total vote cast in the State for Governor or who nominated a candidate for President a t the preceding presidential election and whose candidates for presidential electors polled a t least 20 percent of the total vote

cast in the nation for that office (§ 34-103 (201, (211, Supp.).

The chief executive officer of each political party or bcdy

shall within 60 days of its organization file a registration

statement with the Secretary of State accompanied by copies

of charter, bylaws, rules and regulations and other relevant

information (8 34-901, Supp.).

Any candidate required to accompany his notice of candidacy

with the nomination petition must file his notice of candidacy and a n affidavit no later than 12:OO noon on the second

Wednesday in June prior to the general election (9 34100203), Supp.).

All candidates are required to accompany their notice of candidacy with a nomination petition unless the candidate is

either a nominee of a political party for the office of presidential elector when such party has held a national convention and nominated candidates for President and vice Presi-

dent of the United States, or the nominee of a political party

nominated in a primary held by such party (5 34-1002(d),

Supp.). The nominating petitions must be signed by not less

than 5 percent of the voters eligible to vote in the next election for the filing of the office the candidate is seeking. (5 341010(b), Supp.). The persons signing must declare that they

are so qualified (5 34-1010(c), Supp.).

Such nominating petition offered by a political body seeking

to have the names of their candidates for presidential electors placed on the ballot shall be compiled so that the entire

slate of candidates shall be listed together on the same petition (5 34-1010(c), Supp.).

(3) Independent candidates

A person can become a candidate for Federal or State office

by filing a notice of candidacy with the Secretary of State no

later than 12:OO noon on the second Wednesday in June preceding the general election (5 34-1002(c), Supp.). A nominating petition shall not be required if such candidate is a nominee of a political party for the office of presidential elector

when such party has held a national convention and therein

nominated candidates for President and Vice President of

the United states.

(4) Affidavit

A candidate must file with the notice of candidacy an affidavit stating among other things that he is an elector of the

county of his residence eligible to vote in the election in

which he is a candidate and that he is eligible to hold such

office (3 34-1002, Supp.).

B. NAMES ON GENERAL ELECTION BALLOTS

When presidential electors are to be elected, the names of

the nominees of each political party or body for such offices

shall not appear on the ballot, but, in lieu thereof, the names

of the candidates of such party or body for President and

Vice President, together with the name of such party or

body shall appear (9 34-1208(e), Supp.).

At any general election at which presidential electors are to

be chosen, each elector shall be permitted to vote by one operation for all the presidential electors of a political party or

body. For each party or body nominating presidential electors, a ballot label shall be provided containing only the

words "Presidential Electors," preceded by the name of the

party or body and followed by the names of the candidates

thereof for the office of President and Vice President, and

the corresponding counter or registering device shall register

votes cast for such presidential electors when thus voted for

collectively. If an elector desires to vote a ticket for presidential electors made up of the names of persons nominated by

different parties or bodies, or partially of names of persons

so in nomination and partially of names of persons not in

nomination by any party or body, or wholly of names of persons not in nomination by any party or body, he may write

or deposit a paper ballot prepared by himself in the receptacle provided in or on the machine for the purpose. The machine shall be so constructed that it will.not be possible for

any one elector to vote a straight party or body ticket for

residential electors and a t the same time to deposit a ballot

presidential electon in a receptacle an hereinabove provided. When the votes for presidential electors are coun*,

the votes appearing upon the counter or registering devlce

corres nding to the ballot label containing the names of the

candi ates for President and Vice President of any party or

body shall be counted as votes for each of the candidates for

presidential elector of such party or bod and thereupon all

candidates for presidential elector shall

credited, in addition, with the votes cast for them upon the ballots deposited

in the machine ($34-1330(e), Supp.).

The presidential electors shall assemble a t the seat of government of the State at 1200 o'clock noon of the da which

is, or may be, directed by the Congre88 of the ~ n i t c d ~ t a t e s ,

and shall then and there perform the duties enjoined upon

them by the Constitution and laws of the United States

(5 34-1602, Supp.).

HAWAII

Presidential Electors: 4

A. NOMINATION

(1) Major parties

In each year when electors of president and vice president of

the United States are to be chosen, each of the political parties or parties or oups qualified under section 11-113 of the

Hawaii Revised tatutes, shall hold a state party or group

convention pursuant to the consititution, bylaws, and rules

of the party or group; and nominate as candidates for its

party or group as many electors, and a first and second alternate for each elector, or president and vice resident of the

United States as the State is then entitled, e electors and

alternates shall be registered voters of the State. The names

and addresses of the nominees shall be cerified by the chairman and secretary of the convention of the res tive parties

or groups and submitted to the chief election o ficer not later

than 4:30 p.m. on the sixtieth day prior to the general election of the same year. The chief election officer upon receipt

thereof, shall immediately notify each of the nominees for

elector and alternate elector of the nomination (Hawaii Revised Statutes, $14-21, Supp.).

If more than one certificate of choice and selection of qresidential electors and alternate electors of the same

party or group is filed with the chief elkction o lcer, as

chairman of the contested presedential electors' committee

hereby consitituted, the chief election officer ahall notify the

state comptroller and attorney general, who are the remaining members of the committee, of the date, time, and lace

of making a &rof the hearing to be held for the pu

mination of which set of electors an alternate electora were

lawfully chosen and selected by the political arty or group.

Notice of the hearing shall be given to the cRairman of the

state central committee of each litical arty and the chairman of each party or group qu ified un e r section 11-113 of

F1ltiCd

'B"

the Hawaii Revised Statutes, contestants for the positions of

electors and alternate electors by written notice, and to all

other interested parties by publication a t least once in a

newspaper of general circulation. A determination shall be

made by the committee by majority vote not later than 4:30

p.m. on October 30 of the same year and the determination

shall be final. Notice or the results shall be given to the

nominees duly determined to have been chosen (3 14-22,

Supp.).

(2) Minor and new parties

No differentiation is made in laws between major and minor

political parties. Political parties as defined by section 11-61

shall mean any party which was on the ballot a t the last

general election which has not been disqualified by this section and any political group which shall hereafter undertake

to form a political party in the manner provided below. A political party shall be a n association of voters united for the

purpose of promoting a common political end or carrying out

a particular line of political policy and which maintains a

general organization throughout the State, including a regularly constituted central committee and county committees

in each county other than Kalawao.

Any party which does not meet the following requirements

shall be subject to disqualification:

(1)a party must have had candidates running for election a t

the last general election for any of the offices listed in paragraphs (2) to (6) whose terms had expired. This does not include those offices which were vacant because the incumbent

had died or resigned before the end of his term;

(2) the party received a t least ten percent of all votes cast for

any of the offices voted upon by all the voters in the State;

or,

(3) the party received a t least ten percent of all the votes

cast in a t least fifty percent of the congressional districts; or,

(4) the party received a t least ten percent of all the votes

cast in a t least fifty percent of the senatorial districts for the

office of State senator; or,

(5) the party received a t least ten percent of all the votes

cast in at least fifty percent of the representative districts

for the office of State representative; or,

(6) the party received at least ten percent of all the votes

cast in a t least fifty percent of the school board districts for

the office of board of education (g 11-61).

Any group of persons hereafter desiring to form a new political party in the State shall file with the chief election officer

a petition as hereinafter provided. The petition for the formation of a new political party shall:

(a) be filed no less than 150 days prior to the next primary;

(b) declare as concisely as may be the intention of signers

thereof to form such a new political party in the State; and

total registered voters of each county of the State a t the time

of filing.

The petition shall be subject to hearing, if any objections are

raised by the chief election officer or any political party. All

objections shall be made within 10 days after the petition

has been filed. If no objections are raised within 10 days, the

petition shall be deemed approved. If an objection is raised, a

decision shall be rendered not later than 30 days after filing

of the petition or 100 days prior to the primary, whichever

shall first occur.

The chief election officer may check the names of any persons on the petition to see that they are registered voters

and he may check the validity of their signatures. The petition shall be public information upon filing (5 11-62).

All existing and new parties must file their rules with the

chief election officer no less than 150 days prior to the next

primary. All amendments shall be filed with the chief election officer within 30 days after their adoption. The rules

and amendments shall be duly certified to by an authorized

officer of the party and upon filing, the rules and amendments thereto shall be a public record (Q 11-63).

All parties shall submit to the chief election officer and the

respective county clerks no less than 120 days prior to the

next primary, a list of names and addresses of officers of the

central committee and of the respective county committees

(5 11-64).

All nominations must be made by primary elections (5 12-11,

except presidential electors who are nominated by State

party conventions. Names of such latter nominees shall be

submitted to the chief election officer no later than 4:30 p.m.

on the sixtieth day prior to the general election (9 14-21,

Supp.).

(3) Independent candidates

In the case of candidates of parties or groups not qualified to

place candidates on the primary or general election ballots,

the person desiring to place such names on the general election ballot shall file with the chief election officer not later

than 4:30 p.m. on the sixtieth day prior to the general election:

(a) a sworn application including such information as names,

addresses and qualifications to hold such office; and

(b) a petition which shall be upon the form prescribed and

provided by the chief election officer containing the signatures of currently registered voters which constitute not less

than one percent of the votes cast in the State at the last

general election. The petition shall contain the names of the

candidates, a statement that the persons signing intend to

support such candidates, the address of each signatory, the

date of his signature and other information as determined by

the chief election officer (5 11-113(b) Supp).

B. NAMES ON GENERAL ELECTION BAUOTS

In presidential elections, the names of the candidates for

President and Vice President shall be used on the ballot in

lieu of the names of the presidential electors, and the votes

cast for President and Vice President of each politica1 party

shall be counted for the presidential electors and alternates

nominated by each political party.

A "national party" as used in this section shall mean a r r t y

established and admitted to the ballot in at least one tate

other than Hawaii or one which is determined by the chief

election officer to be making a bona fide effort to become a

national party. If there is no national party or the national

and State parties or factions in either the national or State

party do not agree on the presidential and vice presidential

candidates, the chief election officer may determine which

candidates names shall be placed on the ballot or may leave

the candidates names off the ballot completely (5 ll-113(a)

Supp.)

C. STATUTORY INSTRUCTIONS

The electors chosen shall assemble a t the State capitol on

the first Monday after the second Wednesday in December

next following their election, at 2:00 o'clock in the afternoon.

In case of the death or absence of any elector chosen, or if

the number of electors is deficient for any other reason, the

vacancy or vacancies shall be filled by the alternates in the

order of their numerical designation for their respective electors causing the vacancy or vacancies, and in the event that

vacancy or vacancies still exist, then the electors present

shall select from the members of the same political party or

group as many persons as will supply the deficiency. Certificates for the alternates or substitutes as presidential electors

shall be issued by the Governor. The electors, when convened, if both candidates are alive, shall vote by ballot for

that person for President and that person for Vice President

of the United States, who are, respectively, the candidates of

the political party which they represent, one of whom, a t

least, is not an inhabitant of this State ($9 14-26-14-28).

IDAHO

Presidential Electors: 4

A. NOMINATION

(1)Major parties

Major political parties include those parties that had three

or more candidates for State office listed under the party

name a t the last general election or that had a candidate for

State or national office who received a t least 3 percent of the

aggregate vote cast for the office of Governor at the last gubernatorial election (Idaho Code Annotated, 5 34-501). Presidential electors of such parties are selected at the party

State convention in each election year a t a time and place

determined by the State central committee. The State central committee chairman shall preside and cause notice to be

given to each legislative district central committee and each

county central committee a t the earliest possible date ($ 34707).

The State chairman of each political party shall by September 1 certify the names of the presidential electors to the

Secretary of State (9 34-711).

(2) Minor parties

Political parties that did not have three or more candidates

for State office listed under the party name a t the last general election and that had no candidate for State or national

office who received a t least 3 percent of the aggregate vote

cast for the office of Governor a t the last gubernatorial election may be deemed created and qualified to participate in

elections by presenting and filing with the Secretary of State

on or before May 30 of even numbered years a petition

which shall:

(a) state the name of the proposed party in not more than six

words;

(b) state that the subscribers thereto have affiliated, one

with another, for the purpose of forming such party;

(c) state that the subscribers thereto are entitled to participate in the proposed party's convention to elect officers and

nominate candidates;

(dl have attached thereto a sheet or sheets containing the

signatures of a t least a number of qualified electors equal to

three percent (3%) of the aggregate vote cast for presidential

electors in the State a t the previous general election a t

which presidential electors were chosen, provided that no

more than t ~ - e n t ypercent (20%) of those so signing shall

reside in any one (1)county (5 34-501(1)).

Upon certification by the Secretary of State that the petition

has met the requirements of this act such party shall, under

the party name chosen, have all the rights of a political

party whose ticket shall have been on the ballot a t the preceding general election.

The newly certified party shall proceed to hold a State convention in the manner provided by law; provided, that a t the

initial convention of any political party, all members of the

party shall be entitled to attend the convention and articipate in the election of officers and the nominations o candidates. Thereafter the conduct of any subsequent convention

shall be as provided by law (5 34-501(2)).

(3) Independent candidates

Persons who desire to be independent candidates for the

office of President and Vice President, must file, prior to

June 25 of the election year, declarations of candidacy as independent candidates. Such declarations must state Lhat

such persons are offering themselves as independent candidates and must declare that they have no political party affiliation. The declarations shall have attached thereto a petition signed by a number of qualified electors not less than

three percent (3%) of the number of votes cast in this State

for presidential electors a t the p?-evious general election a t

which a President of the United States was elected.

The candidates for President and Vice President shall be

considered as candidates for one office, and only one (1) such

petition need be filed for both offices (5 34-708A).

B. NAMES ON GENERAL ELECTION BALLOTS

The State chairman of each political part shall certify the

names of the presidential and vice-presi ential candidates

and presidential electors to the Secretary of State on or

before September 1, in order for them to appear on the general election ballot. The Secretary of State shall certify such

candidates to the county clerks a t the same time a s certification of political party candidates nominated for State and

Federal offices by the voters in the primary election (8 34-

711). Independent candidates who have qualified for ballot

status shall certify the names of presidential electors to the

Secretary of State on or before September 1, in order for

them to appear on the general election ballot. The Secretary

of State shall certify the independent presidential electors,

and the independent candidates for President and Vice

President, to the county clerks on or before September 25

(5 34-711A).

C. STATUTORY INSTRUCTIONS

The electors chosen to elect a President and Vice President

of the United States shall, at 12:00 noon on the day which is

or may be directed by the Congress of the United States,

meet a t the seat of government of the State, and then and

there perform the duties enjoined upon them by the Constitution and laws of the United States (5 34-1503). Each elector

of President and Vice President of the United States shall,

before the hour of twelve (12) o'clock on the day next preceding the day fixed by the law of Congress to elect a President

and Vice President, give notice to the Governor shall forthwith deliver to the electors present a certificate of all the

names of the electors; and if any elector named therein fails

to appear before nine (9) o'clock on the morning of the day of

election of President and Vice President as aforesaid, the

electors then present shall immediately proceed to elect, b

ballot, in the presence of the Governor, persons to fill suc

vacancies (5 34-1504).

ILLINOIS

Presidential Electors: 24

A. NOMINATIONS

(1)Major parties

The State convention of each political party shall have

power to make nominations of candidates of its political

party for the electors of President and Vice President

(Smith-Hurd Illinois Annotated Statutes, ch. 46, 7-9(b)).

State conventions shall be held on the first Friday after the

second Monday next succeeding the primary at which committeemen are elected (9 7-9(b), Supp.).

In each ear in which a Pre~identand Vice President of the

United tates are chosen, each political party or group in

this State shall choose by its State convention electors of

President and Vice President of the United States and such

State convention of such party or group shall also choose

electors a t large, if any are to be appointed for this State and

such State convention of such party or group shall by its

chairman and secretary certify the total list of such electors

together with electors at large so chosen to the State board

of elections. The filing of such certificate with the board, of

such choosing of electors shall be deemed and taken to be

the choosing and selection of the electors of this State, if

such party or group is successful at the 011s as herein provided in choosing their candidates for resident and Vice

President of the United States (g 21-1 Supp.).

(2) Minor parties

A minor political party is defined as a political party or

group which has not polled more than 5 percent of the entire

vote cast in the State a t the last preceding general election

for Governor ($ 10-2 Supp.). It shall nominate its candidates

in the same manner as does a new party.

(3) New party

Any group of persons desiring to form a new political party

throughout the State, shall file with the State Board of Election a petition (a) declaring the intention of the signers to

form such a new political party, (b)stating in not more than

5 words the name of such party, (c) containing a complete

list of candidates of such party for all offices to be filled in

the State a t the next election, and (d) signed by one percent

(1%) of the number of voters who voted in the preceding

Statewide general election or 25,000 qualified voters whichever is less (§ 10-2 (Supp.)). Such petition shall be accompanied by a candidate's statement of candidacy, except candidates for electors for President and Vice President (5 10-5

supp.), and all certificates of nomination or nomination

papers for candidates to be voted for b all the voters of the

State shall be presented to the State e ectoral board a t least

92 days, but not more than 99 days, before the general election, for endorsement by the board and for subsequent deposit with the State Board of Election (9 10-6 Supp.).

(4) Independent candidates

Nomination papers, including a statement of candidacy excuted by candidates, except candidates for electors for President and Vice President, signed in the aggregate for each

candidate by 1 percent (1%) of the number of voters who

voted a t the preceding Statewide general election or 25,000

qualified voters whichever is less (3 10-3 (Supp.)). and filed

with the State Board of Election between 99 and 92 days

prior to the date of the primary ($3 7-12, 10-3 (Supp.)).

B: NAMES ON GENERAL ELECTION BALLOTS

The chairman and secretary of each State convention shall,

within 2 days thereafter, transmit to the State board of elections of this State a certificate setting forth the names and

addresses of all persons nominated by such State convention

for electors of President and vice President of the United

States, and the names of such candidates so chosen by such

State convention for electors of President and Vice President

of the United States shall be caused by the State board of

elections to be printed upon the official ballot a t the general

election (5 7-9(c) (Supp.)). The names of the candidates of the

several political parties or groups for electors of President

and Vice President shall not be printed on the official ballot

to be voted in the election to be held on the day in this act

above named. In liue of the names of the candidates for such

electors of President and Vice President, immediately under

the appellation of party name of a party or group in the

column of its candidates on the official ballot there shall be

printed within a bracket the name of the candidate for President and the name of the candidate for Vice President of

such party or group with a square to the left of such bracket

(5 21-l(b) Supp.).

C. STATUTORY INSTRUCTIONS

The electors, elected as aforesaid, shall meet at the office of

the Secretary of State in a room to be designated by him in

the capitol at Sprin&?eld in this State, a t the time appointed

by the laws of the United States a t the hour of 10:OO o'clock

in the forenoon of such day, and give their votes for President and for Vice President of the United States, in the

manner herein provided, and perform such duties as are or

may be required by law (9 21-41.

INDIANA

Presidential Electors: 12

A. NOMINATION

(1) Major parties

Electors are nominated by each party convention, provided

that a party may by appropriate rules permlt the delegates

from the several congressional districts to select their own

candidates for elector from such district. Alternate electors

are nominated in the same manner as electors (Burns Indiana Statutes Annotated, 9 3-1-10-3).

(2) Minor and new parties

Any party that cast one-half of one percent of the total vote

of the State a t the last preceding general election may nominate candidates for all offices to be filled at the general election (including presidential electors) by convention or b petitions. Names of candidates must be certified to the tate

election board or county election board by the presiding officer and secretary of the convention or by the chairman and

secretary of the political party unit holding the convention

(9 3-1-11-1) not later than September 1 (9 3-1-11-5).

(3) New party and independent candidate

A person may become a candidate of a new party, or of a

minor party, or an independent candidate, by filing with the

Governor (if office is to be voted for by the whole State) a

petition signed by qualified voters equal in number to one

half of one percent of the total vote of all parties cast for

Secretary of State at the last receding general election.

Filing should be not later than eptember 1 before election

($9 3-1-11-1, 3-1-11-5). Petitioner may designate a brief

name or title of the party or principle which said candidates

represent, together with any simple figure or device by

which they shall be designated on the ballot ($9 3-1-11-1, 31-12-5). Petitions which nominate presidential electors may

certify the names of the candidates for President and Vice

President supported by the electors (9 3-1-12-5).

(4) Independent candidates

See "New party and independent candidate," supra.

B. NAMES ON GENERAL ELECTION BALLOTS

The names of the candidates for electors shall not be placed

on the ballot. The names of the candidates for President and

Vice President of the respective parties nominating a group

of candidates for electors shall be printed on the ballot below

the words, "For presidential electors." A vote cast for the

candidates for President and Vice President of a political

party shall be construed to be a vote for all the candidates

for the presidential electors of such party ($$ 3-1-12-2

through 3-1-12-5).

C. STATUTORY INSTRUCTIONS

The presidential electors shall assemble in the chamber of

the house of representatives, on the first Monday after the

second Wednesday in December, or such other day as may be

fixed by Congress, to elect such President and Vice President, a t the hour of 10:OO o'clock a.m., and the Governor

shall then and there deliver to the electors present a certificate of the names of all the electors; and if any elector fails

to appear before 11:OO o'clock in the morning of said day, the

electors present shall, by ballot, by a majority of all present,

fill such vacancy; which election shall be forthwith certified

by a majority of the electors to the Governor, who shall immediately notify such person of his election ($3-1-12-6).

Such electors, when so assembled and such vacancies are so

filled, shall then and there proceed to vote, by ballot, for

President and Vice President of the United States, and perform the duties imposed upon them as such electors by the

Constitution and laws of the United States and of the State

of Indiana ($3-1-12-7).

IOWA

Presidential Electors: 8

A. NOMINATION

(1)Major parties

Electors are nominated by regular State party conventions

(Iowa Code Annotated, $ 43.109(4)), which shall be held either

preceding or following the primary election a t a time and

place designated by the party State central committee, either

preceding or following the primary election ($ 43.107,. Supp.).

The names of candidates for President and Vice President of

a political party as defined in the law shall be certified to

the State Commissioner by the party State chairperson and

secretary of the State central committee at least 67 days

prior to the general election (5 54.5, Supp.).

(2) Minor and new parties

A political organization which did not cast a t least 2 percent

of the total vote cast for President of the United States or for

Governor a t the last general election (9 43.2, Sup .) may

nominate one candidate for each office to be fillerPat the

next general election. Such nomination shall be by convention or caucus ($ 44.1, Supp.), provided that to qvalify for

making a nomination for statewide office, such political organization must have a t its convention or caucus a minimum

of 250 qualified electors with a t least one elector from each

of 25 counties ($44.1, supp.). The nomination certificate,

signed by the chairman and secretary of such convention or

caucus, shall be filed with the State Commissioner not more

than 85 nor less than 67 days before the general election

(9 44.2, $9 44.3, 44.4, Supp.).

Certificates of nomination by such conventions for presidential electors in addition to the names and addresses of presi-

dential electors are to contain the names of the candidates

for President and Vice President (5 44.3, Supp.).

(3) Independent candidates

Nominations for candidates for president and vice president

and for state offices may be made by nomination papers

signed by not less than one thousand eligible electors of the

state; for candidates for offices filled by the voters of a

county, district or other division by papers signed by eligible

electors residing in the county, district or division equal in

number to a t least two percent of the total vote received by

all candidates for president of the United States or governor,

as the case may be, at the last preceding general election in

the county, district or division; and for township, city or

ward, by papers signed by not less than twenty-five eligible

electors, residents of the township, city or ward. In the case

of candidates of president and vice president, the names and

addresses of the candidates for presidential electors shall be

printed on the face of or attached to each page of the nomination petition (5 45.1, supp.).

B. NAMES ON GENERAL ELECTION BALLOTS

The names of candidates for President and Vice President

and not the names of the candidates for electors shall be

placed on the ballots under the respective party names. A

vote for the candidates of any political party or group of petitioners for President and Vice President shall be deemed

conclusively to be a vote for each candidate nominated in

each district and in the State a t large by the party for electors ($9 49.32, 54.2)

C. STATUTORY INSTRUCTIONS

The presidential electors shall meet in the capitol, at the

seat of goverment, on the first Monday after the second

Wednesday in December next following their election. If, at

the time of such meeting, any elector for any cause is absent,

those present shall at once proceed to elect, from the citizens

of the State, a substitute elector or electors, and certify the

choice so made to the Governor, and he shall immediately

cause the person or persons so selected to be notified thereof.

When so met, the said electors shall proceed, in the manner

pointed out by law, with the election, and the Governor shall

duly certify the result thereof, under the seal of the State, to

the United States Secretary of State, and as required by act

of Congress relating to such elections ($3 54.7; 54.8, but see 3

U.S.C 5 11, which names the Administrator of General Services as the recipient.)

KANSAS

Presidential Electors: 7

A. NOMINATION

(1)Major parties

Kansas in 1961 changed the procedure for nominating presidential electors of the major political parties from the use of

primaries to nomination at delegate or mass conventions or

caucuses (Kansas Statutes Annotated, 5 25-301). A conven-

tion or caucus shall be called by the State chairman of the

party, or if there be no State chairman, by the party's candidate for Governor a t the preceding general election ($ 25302).

Party nominations for presidential elections can only be

made by a delegate or mass convention or caucus of qualified

voters belonging to a political party having a national or

State organization. Certificates of nomination must be filed

by noon on June 20 prior to the general election ($5 25-301,

25-305).

(2) Minor and new parties

Candidates for elective office who are members of any political party whose candidate for Secretary of State did not poll

a t least 5 percent of the total vote cast for all candidates for

Secretary of State in

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