Amendment XII: Election of the President and Vice President
The Twelfth Amendment was proposed on December 9, 1803, and
ratified on July 27, 1804.
The Electors shall meet in their respective states, and vote by
ballot for President and Vice President, one of whom, at least,
shall not be an inhabitant of the same state with themselves; they
shall name in their ballots the person voted for as President, and
in distinct ballots the person voted for as Vice-President, and
they shall make distinct lists of all persons voted for as
President, and of all persons voted for as Vice-President, and of
the number of votes for each, which lists they shall sign and
certify, and transmit sealed to the seat of the government of the
United States, directed to the President of the Senate; —The
President of the Senate shall, in the presence of the Senate and
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 evolve upon them, before the fourth day of March next
following, then the Vice President shall act as President, as in
the case of the death or other constitutional disability of the
President-] (Note: Superseded by section 3 of the Twentieth
Amendment.) The person having the greatest 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.
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