U.S. Constitution - Bill of Rights
Amendment XII
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 devolve 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. 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.
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