Passed by Congress December 9, 1803. Ratified
June 15, 1804.
The Electors shall meet in their respective states and vote
by ballot for President and Vice-President, one of whom, at
least, shall not be an inhabitant of the same state with themselves;
they shall name in their ballots the person voted for as President,
and in distinct ballots the person voted for as Vice-President,
and of the number of votes for each, which lists they shall
sign and certify, and transmit sealed to the seat of the government
of the United States, directed to the President of the Senate;
— the President of the Senate shall, in the presence of
the Senate and House of Representatives, open all the certificates
and the votes shall then be counted; — The person having
the greatest number of votes for President, shall be the President,
if such number be a majority of the whole number of Electors
appointed; and if no person have such majority, then from the
persons having the highest numbers not exceeding three on the
list of those voted for as President, the House of Representatives
shall choose immediately, by ballot, the President. But in choosing
the President, the votes shall be taken by states, the representation
from each state having one vote; a quorum for this purpose shall
consist of a member or members from two-thirds of the states,
and a majority of all the states shall be necessary to a choice.
And if the House of Representatives shall not choose a President
whenever the right of choice shall devolve upon them, before
the fourth day of March next following, then the Vice-President
shall act as President, as in case of the death or other constitutional
disability of the President. — The person having the greatest
number of votes as Vice-President, shall be the Vice-President,
if such number be a majority of the whole number of Electors
appointed, and if no person have a majority, then from the two
highest numbers on the list, the Senate shall choose the Vice-President;
a quorum for the purpose shall consist of two-thirds of the
whole number of Senators, and a majority of the whole number
shall be necessary to a choice. But no person constitutionally
ineligible to the office of President shall be eligible to that
of Vice-President of the United States.
Article II, section 1, of the Constitution
was superseded by this amendment.
