MVB Senate resolution on constitutional amendment concerning election of president and vice president, 29 December 1823

MVB Senate resolution on constitutional amendment concerning election of president and vice president, 29 December 1823

Mr. Van Buren then introduced the following resolution:

Resolved, by the Senate and House of the United States of America in Congress assembled, That the following amendment of the Constitution of the United States be proposed to the Legislatures of the several States:

The Electors of President and Vice President of the United States shall be chosen by the people of the several States, in districts equal in number to the number of Electors to which each State is entitled, to be composed of contiguous territory, and, as near as may be, equal in the number of persons to be represented, or of persons qualified to vote for members of the most numerous branch of the State Legislature. The qualification of the voters at such election shall be the same as is required of Electors for the most numerous branch of the State Legislature. The Electors of President and Vice President, convened at the time and place appointed by law, for the purpose of giving in their votes, shall have power, in case any of them fail to attend, to choose an Elector or Electors, in the place of him or them so failing to attend. Congress may determine the time of choosing the Electors, the day or days on which they shall give their votes, which shall be the same throughout the United States. But the authority to divide the States into districts, for the choice of Electors; to direct the election to be held; to prosecute the manner thereof, except as to the time of holding the same, and the qualifications of the voters; and the place of meeting of the Electors aforesaid,—is reserved, exclusively, to the Legislatures of the several States.

If, upon counting the votes for President and Vice President, in the manner directed by the Constitution, it shall appear that no person has a majority of the whole, number of the Electors chosen, it shall be the duty of the President of the Senate forthwith to notify the President of the United States thereof; who shall immediately by proclamation, and also by notification to the Executives of the several States, publish the number of votes given to each person as President. Whereupon, the Electors shall again meet on the day which shall have been by law appointed for that purpose, with the like power of supplying vacancies, and vote for one of the two persons as President who shall have received at the first meeting of the Electors the greatest number of votes for such office. Or, if it should happen that more than two persons have received the greatest, and also an equal number of votes, the said Electors shall vote for one of them as President. The said Electors shall thereupon transmit one of the lists, to be made at their first meeting, and also that made at their second meeting, signed and certified by them, to the Seat of the Government of the United States, directed to the President of the Senate, to be proceeded upon as the Constitution has prescribed, except that the person having the greatest number of votes at the second meeting of the said Electors shall be the President. But, if two or more persons shall have received the greatest and an equal number of votes at the second meeting of the said Electors, the House of Representatives shall choose one of them for the President of the United States, as now prescribed by the Constitution.

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