AMENDMENT:>
Executive: From candidates of all the States, chosen by lot.
Amendment Details:
Date:
Dec. 17, 1844
Type:
Congressional Bills
State of Origin:
Ohio (OH)
Congress:
28th Congress (1843-1845)
Summary:
Executive: From candidates of all the States, chosen by lot.
Text:
From and after the year one thousand eight hundred and sixty, the people in each State, entitled to vote for members of the House of Representatives of the United States, shall elect from among its citizens a candidate for the presidency of the United States; in which election a majority of all the votes given shall be necessary to a choice. If, upon the first vote in any State, no one person shall have a majority of all the votes given, another vote shall be had, which shall be confined to the two persons having the greatest number of votes at the former voting; and if, upon such second vote, the two persons voted for shall have an equal number of votes, the choice between them shall be determined by lot. The election of candidates in each State shall be certified to the Congress of the United States; and after the certificates of election in all of the States shall have been transmitted to Congress, uniform balls, equal in number to the whole number of members of the Senate and House of Representatives, shall be deposited in a box; and before depositing thereof, the name of each State in the United States shall be inscribed on as many of said balls as shall be equal to the whole number of its members in both branches of Congress. And in the presence of both houses of Congress a ball shall be drawn out by lot, and the candidate elected by the State the name of which is upon the ball drawn out shall be the President. All of the remaining balls having upon them the name of that State shall then be withdrawn from the box; when, from those still remaining, another ball shall be immediately drawn out, in like manner as the first, and the candidate elected by the State the name of which is on that ball shall be the Vice President.
The times, places, and manner of holding elections in the several States for candidates; the manner of ascertaining the result and of choosing by lot, when on a second vote the two persons voted for shall have an equal number of votes, shall be prescribed in each State by the legislature thereof; but the Congress may at any time, by law, make or alter such regulations, or any part thereof. Congress shall by law regulate the mode of certifying to it the election of candidates, and of conducting the choice by lot of the President and Vice President, in the presence of the two houses thereof. The second and fourth sections of the second article of the constitution of the United States, and the twelfth article of the amendment thereto, shall become null and void on the taking effect of this amendment.
Chamber:
House
Sponsor:
VINTON, Samuel Finley (OH-W)
Committee of referral:
Judiciary
Topics:
hoselect - Head of state selection
Comments:
Tracking information provided by Ames:\n1844, Dec. 17. H. R. 49, 28th Cong., 2d sess. By Mr. Vinton of Ohio; read twice; to Com. on Judiciary. H.J., p. 995; Globe, p. 40.
Record Source:
Ames, Herman V. The Proposed Amendments to the Constitution of the United States During the First Century of Its History, American Historical Society Annual Report for the year 1896; H. Doc. 353 part 2, 54th Cong., 2d Session, volume 3550-2, Washington: U.S. Government Printing Office, 1897.
Cite As:
The Amendments Project, edited by Jill Lepore and Tobias Resch, 2023, https://amendmentsproject.org [Record Number b028-h00049, accessed 2024-12-22]. Record Source: [Ames, Herman V. The Proposed Amendments to the Constitution of the United States During the First Century of Its History, American Historical Society Annual Report for the year 1896; H. Doc. 353 part 2, 54th Cong., 2d Session, volume 3550-2, Washington: U.S. Government Printing Office, 1897.]