12th Amendment to the U.S. Constitution [Full Text and Breakdown]
The 12th Amendment is just as important as any of the first 10 that are included in the bill of rights. Encoded in U.S. law, the twelfth amendment outlines the electoral process including how electoral votes are tallied and how objections are handled. To see how this amendment and 3 U.S. Code § 15, affects the 2020 election, READ HERE.
Full Text of the 12th (Twelfth) Amendment
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 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.
12th Amendment Breakdown
- Electors convene in their home state to select a president and vice president
- Their vote is sent to the President of the U.S. Senate (current Vice President of the U.S.)
- If the electoral vote is tied, the House chooses a president and the Senate chooses the Vice President with each state getting a single vote in each chamber.
- If the vote is not tied, the person with the most votes shall be named President
Other factors in the counting of electors
- The Electoral Count Act of 1887 (codified in 3 U.S. Code § 15)
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