US (United States) Code. Title 3. Chapter 1: Presidential elections and vacancies

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # The President

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3 USC CHAPTER 1 - PRESIDENTIAL ELECTIONS AND VACANCIES 01/06/03

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TITLE 3 - THE PRESIDENT

CHAPTER 1 - PRESIDENTIAL ELECTIONS AND VACANCIES

.

-HEAD-

CHAPTER 1 - PRESIDENTIAL ELECTIONS AND VACANCIES

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Sec.

1. Time of appointing electors.

2. Failure to make choice on prescribed day.

3. Number of electors.

4. Vacancies in electoral college.

5. Determination of controversy as to appointment of electors.

6. Credentials of electors; transmission to Archivist of the United

States and to Congress; public inspection.

7. Meeting and vote of electors.

8. Manner of voting.

9. Certificates of votes for President and Vice President.

10. Sealing and endorsing certificates.

11. Disposition of certificates.

12. Failure of certificates of electors to reach President of

Senate or Archivist of the United States; demand on State for

certificate. (FOOTNOTE 1)

(FOOTNOTE 1) So in original. Does not conform to section

catchline.

13. Same; demand on district judge for certificate.

14. Forfeiture for messenger's neglect of duty.

15. Counting electoral votes in Congress.

16. Same; seats for officers and Members of two Houses in joint

meeting.

17. Same; limit of debate in each House.

18. Same; parliamentary procedure at joint meeting.

19. Vacancy in offices of both President and Vice President;

officers eligible to act.

20. Resignation or refusal of office.

21. Definitions.

AMENDMENTS

1984 - Pub. L. 98-497, title I, Sec. 107(e)(3), Oct. 19, 1984, 98

Stat. 2292, substituted ''Archivist of the United States'' for

''Administrator of General Services'' in items 6 and 12.

1961 - Pub. L. 87-389, Sec. 2(b), Oct. 4, 1961, 75 Stat. 820,

added item 21.

1951 - Act Oct. 31, 1951, ch. 655, Sec. 5, 65 Stat. 711,

substituted ''Administrator of General Services'' for ''Secretary

of State'' in items 6 and 12.

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3 USC Sec. 1 01/06/03

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TITLE 3 - THE PRESIDENT

CHAPTER 1 - PRESIDENTIAL ELECTIONS AND VACANCIES

-HEAD-

Sec. 1. Time of appointing electors

-STATUTE-

The electors of President and Vice President shall be appointed,

in each State, on the Tuesday next after the first Monday in

November, in every fourth year succeeding every election of a

President and Vice President.

-SOURCE-

(June 25, 1948, ch. 644, 62 Stat. 672.)

-MISC1-

SHORT TITLE OF 1996 AMENDMENT

Pub. L. 104-331, Sec. 1(a), Oct. 26, 1996, 110 Stat. 4053,

provided that: ''This Act (enacting sections 401, 402, 411 to 417,

421, 425, 431, 435, 451 to 456, and 471 of this title and sections

1296, 1413, and 3901 to 3908 of Title 28, Judiciary and Judicial

Procedure, amending sections 1346 and 2402 of Title 28, repealing

section 1219 of Title 2, The Congress, and enacting provisions set

out as notes under section 401 of this title, section 1219 of Title

2, and section 1296 of Title 28) may be cited as the 'Presidential

and Executive Office Accountability Act'.''

SHORT TITLE OF 1988 AMENDMENT

Pub. L. 100-398, Sec. 1, Aug. 17, 1988, 102 Stat. 985, provided

that: ''This Act (amending sections 3345, 3348, and 5723 of Title

5, Government Organization and Employees, and enacting and amending

provisions set out as notes under section 102 of this title) may be

cited as the 'Presidential Transitions Effectiveness Act'.''

CONSTITUTIONAL PROVISIONS

Time of choosing electors, see Const. Art. 2, Sec. 1, cl. 3.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 18 sections 871, 1751.

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3 USC Sec. 2 01/06/03

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TITLE 3 - THE PRESIDENT

CHAPTER 1 - PRESIDENTIAL ELECTIONS AND VACANCIES

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Sec. 2. Failure to make choice on prescribed day

-STATUTE-

Whenever any State has held an election for the purpose of

choosing electors, and has failed to make a choice on the day

prescribed by law, the electors may be appointed on a subsequent

day in such a manner as the legislature of such State may direct.

-SOURCE-

(June 25, 1948, ch. 644, 62 Stat. 672.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 18 sections 871, 1751.

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3 USC Sec. 3 01/06/03

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TITLE 3 - THE PRESIDENT

CHAPTER 1 - PRESIDENTIAL ELECTIONS AND VACANCIES

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Sec. 3. Number of electors

-STATUTE-

The number of electors shall be equal to the number of Senators

and Representatives to which the several States are by law entitled

at the time when the President and Vice President to be chosen come

into office; except, that where no apportionment of Representatives

has been made after any enumeration, at the time of choosing

electors, the number of electors shall be according to the then

existing apportionment of Senators and Representatives.

-SOURCE-

(June 25, 1948, ch. 644, 62 Stat. 672.)

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3 USC Sec. 4 01/06/03

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TITLE 3 - THE PRESIDENT

CHAPTER 1 - PRESIDENTIAL ELECTIONS AND VACANCIES

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Sec. 4. Vacancies in electoral college

-STATUTE-

Each State may, by law, provide for the filling of any vacancies

which may occur in its college of electors when such college meets

to give its electoral vote.

-SOURCE-

(June 25, 1948, ch. 644, 62 Stat. 673.)

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3 USC Sec. 5 01/06/03

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TITLE 3 - THE PRESIDENT

CHAPTER 1 - PRESIDENTIAL ELECTIONS AND VACANCIES

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Sec. 5. Determination of controversy as to appointment of electors

-STATUTE-

If any State shall have provided, by laws enacted prior to the

day fixed for the appointment of the electors, for its final

determination of any controversy or contest concerning the

appointment of all or any of the electors of such State, by

judicial or other methods or procedures, and such determination

shall have been made at least six days before the time fixed for

the meeting of the electors, such determination made pursuant to

such law so existing on said day, and made at least six days prior

to said time of meeting of the electors, shall be conclusive, and

shall govern in the counting of the electoral votes as provided in

the Constitution, and as hereinafter regulated, so far as the

ascertainment of the electors appointed by such State is concerned.

-SOURCE-

(June 25, 1948, ch. 644, 62 Stat. 673.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 15 of this title.

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3 USC Sec. 6 01/06/03

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TITLE 3 - THE PRESIDENT

CHAPTER 1 - PRESIDENTIAL ELECTIONS AND VACANCIES

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Sec. 6. Credentials of electors; transmission to Archivist of the

United States and to Congress; public inspection

-STATUTE-

It shall be the duty of the executive of each State, as soon as

practicable after the conclusion of the appointment of the electors

in such State by the final ascertainment, under and in pursuance of

the laws of such State providing for such ascertainment, to

communicate by registered mail under the seal of the State to the

Archivist of the United States a certificate of such ascertainment

of the electors appointed, setting forth the names of such electors

and the canvass or other ascertainment under the laws of such State

of the number of votes given or cast for each person for whose

appointment any and all votes have been given or cast; and it shall

also thereupon be the duty of the executive of each State to

deliver to the electors of such State, on or before the day on

which they are required by section 7 of this title to meet, six

duplicate-originals of the same certificate under the seal of the

State; and if there shall have been any final determination in a

State in the manner provided for by law of a controversy or contest

concerning the appointment of all or any of the electors of such

State, it shall be the duty of the executive of such State, as soon

as practicable after such determination, to communicate under the

seal of the State to the Archivist of the United States a

certificate of such determination in form and manner as the same

shall have been made; and the certificate or certificates so

received by the Archivist of the United States shall be preserved

by him for one year and shall be a part of the public records of

his office and shall be open to public inspection; and the

Archivist of the United States at the first meeting of Congress

thereafter shall transmit to the two Houses of Congress copies in

full of each and every such certificate so received at the National

Archives and Records Administration.

-SOURCE-

(June 25, 1948, ch. 644, 62 Stat. 673; Oct. 31, 1951, ch. 655, Sec.

6, 65 Stat. 711; Pub. L. 98-497, title I, Sec. 107(e)(1), (2)(A),

Oct. 19, 1984, 98 Stat. 2291.)

-MISC1-

AMENDMENTS

1984 - Pub. L. 98-497 substituted ''Archivist of the United

States'' for ''Administrator of General Services'' in section

catchline and wherever appearing in text and ''National Archives

and Records Administration'' for ''General Services

Administration''.

1951 - Act Oct. 31, 1951, substituted ''Administrator of General

Services'' for ''Secretary of State'' in section catchline and

several places in text, and for ''Secretary of State of the United

States'' in one place, and ''General Services Administration'' for

''State Department''.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-497 effective Apr. 1, 1985, see section

301 of Pub. L. 98-497, set out as a note under section 2102 of

Title 44, Public Printing and Documents.

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of provisions of law

requiring submittal to Congress of any annual, semiannual, or other

regular periodic report listed in House Document No. 103-7 (in

which the requirement under this section that the Archivist

transmit to Congress copies of certificates of ascertainment is

listed as a report on page 179), see section 3003 of Pub. L.

104-66, as amended, set out as a note under section 1113 of Title

31, Money and Finance.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 15 of this title.

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3 USC Sec. 7 01/06/03

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TITLE 3 - THE PRESIDENT

CHAPTER 1 - PRESIDENTIAL ELECTIONS AND VACANCIES

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Sec. 7. Meeting and vote of electors

-STATUTE-

The electors of President and Vice President of each State shall

meet and give their votes on the first Monday after the second

Wednesday in December next following their appointment at such

place in each State as the legislature of such State shall direct.

-SOURCE-

(June 25, 1948, ch. 644, 62 Stat. 673.)

-MISC1-

CONSTITUTIONAL PROVISIONS

Day of voting by electors, see Const. Art. II, Sec. 1, cl. 3.

Voting by electors, see Const. Amend. XII.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6 of this title.

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3 USC Sec. 8 01/06/03

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TITLE 3 - THE PRESIDENT

CHAPTER 1 - PRESIDENTIAL ELECTIONS AND VACANCIES

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Sec. 8. Manner of voting

-STATUTE-

The electors shall vote for President and Vice President,

respectively, in the manner directed by the Constitution.

-SOURCE-

(June 25, 1948, ch. 644, 62 Stat. 674.)

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3 USC Sec. 9 01/06/03

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TITLE 3 - THE PRESIDENT

CHAPTER 1 - PRESIDENTIAL ELECTIONS AND VACANCIES

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Sec. 9. Certificates of votes for President and Vice President

-STATUTE-

The electors shall make and sign six certificates of all the

votes given by them, each of which certificates shall contain two

distinct lists, one of the votes for President and the other of the

votes for Vice President, and shall annex to each of the

certificates one of the lists of the electors which shall have been

furnished to them by direction of the executive of the State.

-SOURCE-

(June 25, 1948, ch. 644, 62 Stat. 674.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 12 of this title.

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3 USC Sec. 10 01/06/03

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TITLE 3 - THE PRESIDENT

CHAPTER 1 - PRESIDENTIAL ELECTIONS AND VACANCIES

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Sec. 10. Sealing and endorsing certificates

-STATUTE-

The electors shall seal up the certificates so made by them, and

certify upon each that the lists of all the votes of such State

given for President, and of all the votes given for Vice President,

are contained therein.

-SOURCE-

(June 25, 1948, ch. 644, 62 Stat. 674.)

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3 USC Sec. 11 01/06/03

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TITLE 3 - THE PRESIDENT

CHAPTER 1 - PRESIDENTIAL ELECTIONS AND VACANCIES

-HEAD-

Sec. 11. Disposition of certificates

-STATUTE-

The electors shall dispose of the certificates so made by them

and the lists attached thereto in the following manner:

First. They shall forthwith forward by registered mail one of the

same to the President of the Senate at the seat of government.

Second. Two of the same shall be delivered to the secretary of

state of the State, one of which shall be held subject to the order

of the President of the Senate, the other to be preserved by him

for one year and shall be a part of the public records of his

office and shall be open to public inspection.

Third. On the day thereafter they shall forward by registered

mail two of such certificates and lists to the Archivist of the

United States at the seat of government, one of which shall be held

subject to the order of the President of the Senate. The other

shall be preserved by the Archivist of the United States for one

year and shall be a part of the public records of his office and

shall be open to public inspection.

Fourth. They shall forthwith cause the other of the certificates

and lists to be delivered to the judge of the district in which the

electors shall have assembled.

-SOURCE-

(June 25, 1948, ch. 644, 62 Stat. 674; Oct. 31, 1951, ch. 655, Sec.

7, 65 Stat. 712; Pub. L. 98-497, title I, Sec. 107(e)(1), Oct. 19,

1984, 98 Stat. 2291.)

-MISC1-

AMENDMENTS

1984 - Pub. L. 98-497 substituted ''Archivist of the United

States'' for ''Administrator of General Services'' two places in

par. ''Third''.

1951 - Act Oct. 31, 1951, substituted ''Administrator of General

Services'' for ''Secretary of State'' two places in par. ''Third''.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-497 effective Apr. 1, 1985, see section

301 of Pub. L. 98-497, set out as a note under section 2102 of

Title 44, Public Printing and Documents.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 12 of this title.

-CITE-

3 USC Sec. 12 01/06/03

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TITLE 3 - THE PRESIDENT

CHAPTER 1 - PRESIDENTIAL ELECTIONS AND VACANCIES

-HEAD-

Sec. 12. Failure of certificates of electors to reach President of

the Senate or Archivist of the United States; demand on State

for certificate

-STATUTE-

When no certificate of vote and list mentioned in sections 9 and

11 of this title from any State shall have been received by the

President of the Senate or by the Archivist of the United States by

the fourth Wednesday in December, after the meeting of the electors

shall have been held, the President of the Senate or, if he be

absent from the seat of government, the Archivist of the United

States shall request, by the most expeditious method available, the

secretary of state of the State to send up the certificate and list

lodged with him by the electors of such State; and it shall be his

duty upon receipt of such request immediately to transmit same by

registered mail to the President of the Senate at the seat of

government.

-SOURCE-

(June 25, 1948, ch. 644, 62 Stat. 674; Oct. 31, 1951, ch. 655, Sec.

8, 65 Stat. 712; Pub. L. 98-497, title I, Sec. 107(e)(1), (2)(B),

Oct. 19, 1984, 98 Stat. 2291.)

-MISC1-

AMENDMENTS

1984 - Pub. L. 98-497 substituted ''Archivist of the United

States'' for ''Administrator of General Services'' in section

catchline and two places in text.

1951 - Act Oct. 31, 1951, substituted ''Administrator of General

Services'' for ''Secretary of State'' in section catchline and two

places in text.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-497 effective Apr. 1, 1985, see section

301 of Pub. L. 98-497, set out as a note under section 2102 of

Title 44, Public Printing and Documents.

-CITE-

3 USC Sec. 13 01/06/03

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TITLE 3 - THE PRESIDENT

CHAPTER 1 - PRESIDENTIAL ELECTIONS AND VACANCIES

-HEAD-

Sec. 13. Same; demand on district judge for certificate

-STATUTE-

When no certificates of votes from any State shall have been

received at the seat of government on the fourth Wednesday in

December, after the meeting of the electors shall have been held,

the President of the Senate or, if he be absent from the seat of

government, the Archivist of the United States shall send a special

messenger to the district judge in whose custody one certificate of

votes from that State has been lodged, and such judge shall

forthwith transmit that list by the hand of such messenger to the

seat of government.

-SOURCE-

(June 25, 1948, ch. 644, 62 Stat. 674; Oct. 31, 1951, ch. 655, Sec.

9, 65 Stat. 712; Pub. L. 98-497, title I, Sec. 107(e)(1), Oct. 19,

1984, 98 Stat. 2291.)

-MISC1-

AMENDMENTS

1984 - Pub. L. 98-497 substituted ''Archivist of the United

States'' for ''Administrator of General Services''.

1951 - Act Oct. 31, 1951, substituted ''Administrator of General

Services'' for ''Secretary of State''.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-497 effective Apr. 1, 1985, see section

301 of Pub. L. 98-497, set out as a note under section 2102 of

Title 44, Public Printing and Documents.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 14 of this title.

-CITE-

3 USC Sec. 14 01/06/03

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TITLE 3 - THE PRESIDENT

CHAPTER 1 - PRESIDENTIAL ELECTIONS AND VACANCIES

-HEAD-

Sec. 14. Forfeiture for messenger's neglect of duty

-STATUTE-

Every person who, having been appointed, pursuant to section 13

of this title, to deliver the certificates of the votes of the

electors to the President of the Senate, and having accepted such

appointment, shall neglect to perform the services required from

him, shall forfeit the sum of $1,000.

-SOURCE-

(June 25, 1948, ch. 644, 62 Stat. 675.)

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3 USC Sec. 15 01/06/03

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TITLE 3 - THE PRESIDENT

CHAPTER 1 - PRESIDENTIAL ELECTIONS AND VACANCIES

-HEAD-

Sec. 15. Counting electoral votes in Congress

-STATUTE-

Congress shall be in session on the sixth day of January

succeeding every meeting of the electors. The Senate and House of

Representatives shall meet in the Hall of the House of

Representatives at the hour of 1 o'clock in the afternoon on that

day, and the President of the Senate shall be their presiding

officer. Two tellers shall be previously appointed on the part of

the Senate and two on the part of the House of Representatives, to

whom shall be handed, as they are opened by the President of the

Senate, all the certificates and papers purporting to be

certificates of the electoral votes, which certificates and papers

shall be opened, presented, and acted upon in the alphabetical

order of the States, beginning with the letter A; and said tellers,

having then read the same in the presence and hearing of the two

Houses, shall make a list of the votes as they shall appear from

the said certificates; and the votes having been ascertained and

counted according to the rules in this subchapter provided, the

result of the same shall be delivered to the President of the

Senate, who shall thereupon announce the state of the vote, which

announcement shall be deemed a sufficient declaration of the

persons, if any, elected President and Vice President of the United

States, and, together with a list of the votes, be entered on the

Journals of the two Houses. Upon such reading of any such

certificate or paper, the President of the Senate shall call for

objections, if any. Every objection shall be made in writing, and

shall state clearly and concisely, and without argument, the ground

thereof, and shall be signed by at least one Senator and one Member

of the House of Representatives before the same shall be received.

When all objections so made to any vote or paper from a State shall

have been received and read, the Senate shall thereupon withdraw,

and such objections shall be submitted to the Senate for its

decision; and the Speaker of the House of Representatives shall, in

like manner, submit such objections to the House of Representatives

for its decision; and no electoral vote or votes from any State

which shall have been regularly given by electors whose appointment

has been lawfully certified to according to section 6 of this title

from which but one return has been received shall be rejected, but

the two Houses concurrently may reject the vote or votes when they

agree that such vote or votes have not been so regularly given by

electors whose appointment has been so certified. If more than one

return or paper purporting to be a return from a State shall have

been received by the President of the Senate, those votes, and

those only, shall be counted which shall have been regularly given

by the electors who are shown by the determination mentioned in

section 5 of this title to have been appointed, if the

determination in said section provided for shall have been made, or

by such successors or substitutes, in case of a vacancy in the

board of electors so ascertained, as have been appointed to fill

such vacancy in the mode provided by the laws of the State; but in

case there shall arise the question which of two or more of such

State authorities determining what electors have been appointed, as

mentioned in section 5 of this title, is the lawful tribunal of

such State, the votes regularly given of those electors, and those

only, of such State shall be counted whose title as electors the

two Houses, acting separately, shall concurrently decide is

supported by the decision of such State so authorized by its law;

and in such case of more than one return or paper purporting to be

a return from a State, if there shall have been no such

determination of the question in the State aforesaid, then those

votes, and those only, shall be counted which the two Houses shall

concurrently decide were cast by lawful electors appointed in

accordance with the laws of the State, unless the two Houses,

acting separately, shall concurrently decide such votes not to be

the lawful votes of the legally appointed electors of such State.

But if the two Houses shall disagree in respect of the counting of

such votes, then, and in that case, the votes of the electors whose

appointment shall have been certified by the executive of the

State, under the seal thereof, shall be counted. When the two

Houses have voted, they shall immediately again meet, and the

presiding officer shall then announce the decision of the questions

submitted. No votes or papers from any other State shall be acted

upon until the objections previously made to the votes or papers

from any State shall have been finally disposed of.

-SOURCE-

(June 25, 1948, ch. 644, 62 Stat. 675.)

-MISC1-

COUNTING OF ELECTORAL VOTES

1996 - Pub. L. 104-296, Sec. 2, Oct. 11, 1996, 110 Stat. 3558,

provided that: ''The meeting of the Senate and House of

Representatives to be held in January 1997 pursuant to section 15

of title 3, United States Code, to count the electoral votes for

President and Vice President cast by the electors in December 1996

shall be held on January 9, 1997 (rather than on the date specified

in the first sentence of that section).''

1989 - Pub. L. 100-646, Nov. 9, 1988, 102 Stat. 3341, provided:

''That in carrying out the procedure set forth in section 15 of

title, 3, United States Code, for 1989, 'the fourth day of January'

shall be substituted for 'the sixth day of January' in the first

sentence of such section.''

1985 - Pub. L. 98-456, Oct. 9, 1984, 98 Stat. 1748, provided:

''That, in carrying out the procedure set forth in section 15 of

title 3, United States Code, for 1985, 'the seventh day of January'

shall be substituted for 'the sixth day of January' in the first

sentence of such section.''

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3 USC Sec. 16 01/06/03

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TITLE 3 - THE PRESIDENT

CHAPTER 1 - PRESIDENTIAL ELECTIONS AND VACANCIES

-HEAD-

Sec. 16. Same; seats for officers and Members of two Houses in

joint meeting

-STATUTE-

At such joint meeting of the two Houses seats shall be provided

as follows: For the President of the Senate, the Speaker's chair;

for the Speaker, immediately upon his left; the Senators, in the

body of the Hall upon the right of the presiding officer; for the

Representatives, in the body of the Hall not provided for the

Senators; for the tellers, Secretary of the Senate, and Clerk of

the House of Representatives, at the Clerk's desk; for the other

officers of the two Houses, in front of the Clerk's desk and upon

each side of the Speaker's platform. Such joint meeting shall not

be dissolved until the count of electoral votes shall be completed

and the result declared; and no recess shall be taken unless a

question shall have arisen in regard to counting any such votes, or

otherwise under this subchapter, in which case it shall be

competent for either House, acting separately, in the manner

hereinbefore provided, to direct a recess of such House not beyond

the next calendar day, Sunday excepted, at the hour of 10 o'clock

in the forenoon. But if the counting of the electoral votes and

the declaration of the result shall not have been completed before

the fifth calendar day next after such first meeting of the two

Houses, no further or other recess shall be taken by either House.

-SOURCE-

(June 25, 1948, ch. 644, 62 Stat. 676.)

-CITE-

3 USC Sec. 17 01/06/03

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TITLE 3 - THE PRESIDENT

CHAPTER 1 - PRESIDENTIAL ELECTIONS AND VACANCIES

-HEAD-

Sec. 17. Same; limit of debate in each House

-STATUTE-

When the two Houses separate to decide upon an objection that may

have been made to the counting of any electoral vote or votes from

any State, or other question arising in the matter, each Senator

and Representative may speak to such objection or question five

minutes, and not more than once; but after such debate shall have

lasted two hours it shall be the duty of the presiding officer of

each House to put the main question without further debate.

-SOURCE-

(June 25, 1948, ch. 644, 62 Stat. 676.)

-CITE-

3 USC Sec. 18 01/06/03

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TITLE 3 - THE PRESIDENT

CHAPTER 1 - PRESIDENTIAL ELECTIONS AND VACANCIES

-HEAD-

Sec. 18. Same; parliamentary procedure at joint meeting

-STATUTE-

While the two Houses shall be in meeting as provided in this

chapter, the President of the Senate shall have power to preserve

order; and no debate shall be allowed and no question shall be put

by the presiding officer except to either House on a motion to

withdraw.

-SOURCE-

(June 25, 1948, ch. 644, 62 Stat. 676; Sept. 3, 1954, ch. 1263,

Sec. 3, 68 Stat. 1227.)

-MISC1-

AMENDMENTS

1954 - Act Sept. 3, 1954, substituted ''chapter'' for

''subchapter''.

-CITE-

3 USC Sec. 19 01/06/03

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TITLE 3 - THE PRESIDENT

CHAPTER 1 - PRESIDENTIAL ELECTIONS AND VACANCIES

-HEAD-

Sec. 19. Vacancy in offices of both President and Vice President;

officers eligible to act

-STATUTE-

(a)(1) If, by reason of death, resignation, removal from office,

inability, or failure to qualify, there is neither a President nor

Vice President to discharge the powers and duties of the office of

President, then the Speaker of the House of Representatives shall,

upon his resignation as Speaker and as Representative in Congress,

act as President.

(2) The same rule shall apply in the case of the death,

resignation, removal from office, or inability of an individual

acting as President under this subsection.

(b) If, at the time when under subsection (a) of this section a

Speaker is to begin the discharge of the powers and duties of the

office of President, there is no Speaker, or the Speaker fails to

qualify as Acting President, then the President pro tempore of the

Senate shall, upon his resignation as President pro tempore and as

Senator, act as President.

(c) An individual acting as President under subsection (a) or

subsection (b) of this section shall continue to act until the

expiration of the then current Presidential term, except that -

(1) if his discharge of the powers and duties of the office is

founded in whole or in part on the failure of both the

President-elect and the Vice-President-elect to qualify, then he

shall act only until a President or Vice President qualifies; and

(2) if his discharge of the powers and duties of the office is

founded in whole or in part on the inability of the President or

Vice President, then he shall act only until the removal of the

disability of one of such individuals.

(d)(1) If, by reason of death, resignation, removal from office,

inability, or failure to qualify, there is no President pro tempore

to act as President under subsection (b) of this section, then the

officer of the United States who is highest on the following list,

and who is not under disability to discharge the powers and duties

of the office of President shall act as President: Secretary of

State, Secretary of the Treasury, Secretary of Defense, Attorney

General, Secretary of the Interior, Secretary of Agriculture,

Secretary of Commerce, Secretary of Labor, Secretary of Health and

Human Services, Secretary of Housing and Urban Development,

Secretary of Transportation, Secretary of Energy, Secretary of

Education, Secretary of Veterans Affairs.

(2) An individual acting as President under this subsection shall

continue so to do until the expiration of the then current

Presidential term, but not after a qualified and prior-entitled

individual is able to act, except that the removal of the

disability of an individual higher on the list contained in

paragraph (1) of this subsection or the ability to qualify on the

part of an individual higher on such list shall not terminate his

service.

(3) The taking of the oath of office by an individual specified

in the list in paragraph (1) of this subsection shall be held to

constitute his resignation from the office by virtue of the holding

of which he qualifies to act as President.

(e) Subsections (a), (b), and (d) of this section shall apply

only to such officers as are eligible to the office of President

under the Constitution. Subsection (d) of this section shall apply

only to officers appointed, by and with the advice and consent of

the Senate, prior to the time of the death, resignation, removal

from office, inability, or failure to qualify, of the President pro

tempore, and only to officers not under impeachment by the House of

Representatives at the time the powers and duties of the office of

President devolve upon them.

(f) During the period that any individual acts as President under

this section, his compensation shall be at the rate then provided

by law in the case of the President.

-SOURCE-

(June 25, 1948, ch. 644, 62 Stat. 677; Pub. L. 89-174, Sec. 6(a),

Sept. 9, 1965, 79 Stat. 669; Pub. L. 89-670, Sec. 10(a), Oct. 15,

1966, 80 Stat. 948; Pub. L. 91-375, Sec. 6(b), Aug. 12, 1970, 84

Stat. 775; Pub. L. 95-91, title VII, Sec. 709(g), Aug. 4, 1977, 91

Stat. 609; Pub. L. 96-88, title V, Sec. 508(a), Oct. 17, 1979, 93

Stat. 692; Pub. L. 100-527, Sec. 13(a), Oct. 25, 1988, 102 Stat.

2643.)

-MISC1-

AMENDMENTS

1988 - Subsec. (d)(1). Pub. L. 100-527 inserted reference to

Secretary of Veterans Affairs.

1979 - Subsec. (d)(1). Pub. L. 96-88 substituted ''Secretary of

Health and Human Services'' for ''Secretary of Health, Education,

and Welfare'' and inserted reference to Secretary of Education.

1977 - Subsec. (d)(1). Pub. L. 95-91 inserted reference to

Secretary of Energy.

1970 - Subsec. (d)(1). Pub. L. 91-375 struck out ''Postmaster

General,'' after ''Attorney General,''.

1966 - Subsec. (d)(1). Pub. L. 89-670 inserted reference to

Secretary of Transportation.

1965 - Subsec. (d)(1). Pub. L. 89-174 inserted reference to

Secretary of Health, Education, and Welfare and Secretary of

Housing and Urban Development.

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by Pub. L. 100-527 effective Mar. 15, 1989, see section

18(a) of Pub. L. 100-527, set out as a Department of Veterans

Affairs Act note under section 301 of Title 38, Veterans' Benefits.

EFFECTIVE DATE OF 1979 AMENDMENT

Amendment by Pub. L. 96-88 effective May 4, 1980, with specified

exceptions, see section 601 of Pub. L. 96-88, set out as an

Effective Date note under section 3401 of Title 20, Education.

EFFECTIVE DATE OF 1970 AMENDMENT

Amendment by Pub. L. 91-375 effective within 1 year after Aug.

12, 1970, on date established therefor by Board of Governors of

United States Postal Service and published by it in Federal

Register, see section 16(a), formerly section 15(a) of Pub. L.

91-375, set out as an Effective Date note preceding section 101 of

Title 39, Postal Service.

EFFECTIVE DATE OF 1966 AMENDMENT

Amendment by Pub. L. 89-670 effective Apr. 1, 1967, as prescribed

by President and published in Federal Register, see section 16(a),

formerly Sec. 15(a), of Pub. L. 89-670, and Ex. Ord. No. 11340,

Mar. 30, 1967, 32 F.R. 5453.

EFFECTIVE DATE OF 1965 AMENDMENT

Amendment by Pub. L. 89-174 effective upon expiration of first

period of sixty calendar days following Sept. 9, 1965 or on earlier

date specified by Executive order, see section 11(a) of Pub. L.

89-174 set out as an Effective Date note under section 3531 of

Title 42, The Public Health and Welfare.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 18 section 871.

-CITE-

3 USC Sec. 20 01/06/03

-EXPCITE-

TITLE 3 - THE PRESIDENT

CHAPTER 1 - PRESIDENTIAL ELECTIONS AND VACANCIES

-HEAD-

Sec. 20. Resignation or refusal of office

-STATUTE-

The only evidence of a refusal to accept, or of a resignation of

the office of President or Vice President, shall be an instrument

in writing, declaring the same, and subscribed by the person

refusing to accept or resigning, as the case may be, and delivered

into the office of the Secretary of State.

-SOURCE-

(June 25, 1948, ch. 644, 62 Stat. 678.)

-MISC1-

PRESIDENTIAL RECORDINGS AND MATERIALS PRESERVATION ACT

For protection and preservation of tape recordings of

conversations involving former President Richard M. Nixon, see

sections 101 to 106 of Pub. L. 93-526, set out as a note under

section 2107 of Title 44, Public Printing and Documents.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 18 section 871.

-CITE-

3 USC Sec. 21 01/06/03

-EXPCITE-

TITLE 3 - THE PRESIDENT

CHAPTER 1 - PRESIDENTIAL ELECTIONS AND VACANCIES

-HEAD-

Sec. 21. Definitions

-STATUTE-

As used in this chapter the term -

(a) ''State'' includes the District of Columbia.

(b) ''executives of each State'' includes the Board of

Commissioners of the District of Columbia.

-SOURCE-

(Added Pub. L. 87-389, Sec. 2(a), Oct. 4, 1961, 75 Stat. 820.)

-TRANS-

TRANSFER OF FUNCTIONS

Except as otherwise provided in Reorg. Plan No. 3 of 1967, eff.

Aug. 11, 1967 (in part), 32 F.R. 11669, 81 Stat. 948, functions of

Board of Commissioners of District of Columbia transferred to

Commissioner of District of Columbia by section 401 of Reorg. Plan

No. 3 of 1967. Office of Commissioner of District of Columbia, as

established by Reorg. Plan No. 3 of 1967, abolished as of noon Jan.

2, 1975, by Pub. L. 93-198, title VII, Sec. 711, Dec. 24, 1973, 87

Stat. 818, and replaced by office of Mayor of District of Columbia

by section 421 of Pub. L. 93-198.

-CITE-