the 2004 presidential election

PROVISIONS OF THE CONSTITUTION AND UNITED STATES CODE
The National Archives and Records Administration (NARA) is proud to acknowledge its role in the 

Presidential election process. NARA’s Office of the 

Federal Register (OFR) acts as the administrator of the 

Electoral College on behalf of the states, the Congress, 

and the American people. In this role, the OFR is 

charged with helping the states carry out their election responsibilities, ensuring the completeness and 

integrity of the Electoral College documents submitted to Congress, and informing the public about the 

Presidential election process. 

The Electoral College system was established under 

Article II and Amendment 12 of the U.S. Constitution. In each state, the voters choose electors to select 

the President and Vice President of the United States, 

based on the results of the November general election. 

Prior to the general election, the OFR sends an informational package to each state’s governor to officially 

notify them of their electoral responsibilities. As the 

results of the popular vote are finalized in each state, 

PREFACE

election officials send to the OFR Certificates of 

Ascertainment, which establish the credentials of their 

electors. In December, the electors hold meetings in 

each state to cast their votes for President and 

Vice President. Those choices are documented in 

Certificates of Vote, which are sent to the OFR for 

review on behalf of the Congress. In January, the 

Congress sits in joint session to certify the election 

of the President and Vice President, based on the 

documentary evidence assembled and reviewed by 

the OFR. In the year after the election, electoral 

documents are held at the OFR for public viewing, 

and then transferred to the Archives of the United 

States for permanent retention and access.

In this Presidential election year, the cover of this 

pamphlet shows a representation of the Electoral 

College system in celebration of the spirit of the 

American democratic process.

For more information on the Electoral College, visit NARA’s web site at: 

http://www.archives.gov/federal_register/electoral_college/. 

Our thanks are extended to the Creative Services Division of the U.S. Government Printing Office 

for its assistance in developing this cover.
2 The 2004 Presidential Election/Provisions of the Constitution and United States Code

This pamphlet has been compiled 

and published by the Office of the 

Federal Register, National Archives 

and Records Administration, for use 

by the Executives and Electors of the 

several States in the performance 

of their duties in connection with 

Presidential Elections.

[Revised July, 2004]
The 2004 Presidential Election/Provisions of the Constitution and United States Code 3

TABLE OF CONTENTS

2004 Presidential Election Summary of Key Dates, Events & Information .............................................................4

2004 List Of States And Votes ................................................................................................................................5

CONSTITUTION OF THE UNITED STATES ..............................................................................................................6

ARTICLE II ...................................................................................................................................................................6

TWELFTH AMENDMENT ...........................................................................................................................................6

FOURTEENTH AMENDMENT ...................................................................................................................................6

FIFTEENTH AMENDMENT ........................................................................................................................................6

NINETEENTH AMENDMENT ....................................................................................................................................6

TWENTIETH AMENDMENT .......................................................................................................................................7

TWENTY-SECOND AMENDMENT ............................................................................................................................7

TWENTY-THIRD AMENDMENT ................................................................................................................................7

TWENTY-FOURTH AMENDMENT ............................................................................................................................7

TWENTY-FIFTH AMENDMENT ..................................................................................................................................8

TWENTY-SIXTH AMENDMENT .................................................................................................................................8

UNITED STATES CODE ...........................................................................................................................................8

Chapter 1. Presidential Elections and Vacancies ...............................................................................................................9

§ 1 TIME OF APPOINTING ELECTORS .................................................................................................................9

§ 2 FAILURE TO MAKE CHOICE ON PRESCRIBED DAY .....................................................................................9

§ 3 NUMBER OF ELECTORS ..................................................................................................................................9

§ 4 VACANCIES IN ELECTORAL COLLEGE ..........................................................................................................9

§ 5 DETERMINATION OF CONTROVERSY AS TO APPOINTMENT OF ELECTORS ..........................................9

§ 6 CREDENTIALS OF ELECTORS; TRANSMISSION TO ARCHIVIST OF THE UNITED STATES 

 AND TO CONGRESS; PUBLIC INSPECTION .................................................................................................9

§ 7 MEETING AND VOTE OF ELECTORS ..............................................................................................................9

§ 8 MANNER OF VOTING .................................................................................................................................... 10

§ 9 CERTIFICATES OF VOTES FOR PRESIDENT AND VICE PRESIDENT ......................................................... 10

§ 10 SEALING AND ENDORSING CERTIFICATES ............................................................................................... 10

§ 11 DISPOSITION OF CERTIFICATES .................................................................................................................. 10

§ 12 FAILURE OF CERTIFICATES OF ELECTORS TO REACH PRESIDENT OF THE SENATE 

 OR ARCHIVIST OF THE UNITED STATES; DEMAND ON STATE FOR CERTIFICATE ............................... 10

§ 13 SAME; DEMAND ON DISTRICT JUDGE FOR CERTIFICATE ....................................................................... 10

§ 14 FORFEITURE FOR MESSENGER’S NEGLECT OF DUTY .............................................................................. 10

§ 15 COUNTING ELECTORAL VOTES IN CONGRESS ........................................................................................ 10

§ 16 SAME; SEATS FOR OFFICERS AND MEMBERS OF TWO HOUSES IN JOINT MEETING .......................... 11

§ 17 SAME; LIMIT OF DEBATE IN EACH HOUSE ................................................................................................ 11

§ 18 SAME; PARLIAMENTARY PROCEDURE AT JOINT MEETING ..................................................................... 11

§ 19 VACANCY IN OFFICES OF BOTH PRESIDENT AND VICE PRESIDENT; OFFICERS ELIGIBLE TO ACT ..12

§ 20 RESIGNATION OR REFUSAL OF OFFICE .....................................................................................................12

§ 21 DEFINITIONS ..................................................................................................................................................12
4 The 2004 Presidential Election/Provisions of the Constitution and United States Code

General Authority: 

The Archivist of the United States, as the head of 

the National Archives and Records Administration 

(NARA), is responsible for carrying out ministerial 

duties on behalf of the States and the Congress under 

3 U.S.C. sections 6, 11, 12, and 13. NARA is primarily responsible for coordinating the various stages of 

the electoral process by helping the States prepare and 

submit certificates that establish the appointment of 

electors and validate the electoral votes of each State. 

The Archivist delegates operational duties to the Director of the Federal Register. The Federal Register Legal 

Staff ensures that electoral documents are transmitted to Congress, made available to the public, and 

preserved as part of our nation’s history. The Legal 

Staff reviews the electoral certificates for the required 

signatures, seals and other matters of form, as specified in Federal law. Only the Congress and the Courts 

have the authority to rule on substantive legal issues.

1. June through October 2004 

Preparation Stage: 

The Federal Register prepares letters and instructional 

materials for the Archivist to send to the Governors 

of the 50 States and the Mayor of the District of 

Columbia. The materials include pamphlets on 

Federal election law and detailed instructions on 

how to prepare and submit the electors’ credentials 

(Certificates of Ascertainment) and the electoral votes 

(Certificates of Vote). In October, the Federal Register 

begins contacting Governors and Secretaries of State to 

establish contacts for the coming election.

2. November 2, 2004 

General Election: 

The voters in each State choose slates of electors to 

serve in the Electoral College. Forty-eight of the fifty 

States and the District of Columbia are “winner-takeall” (ME and NE are the exceptions).

3. Mid-November through December 13, 2004 

Transmission of Certificates of Ascertainment to NARA: 

The Ascertainment lists the names of the electors 

appointed and the number of votes cast for each 

person. The States prepare seven originals authenticated by the Governor’s signature and the State seal. 

One original and two certified copies are sent to the 

Federal Register (the remaining six are attached to the 

electoral votes at the State meetings). The Governors 

must submit the certificates “as soon as practicable,” 

after their States certify election results. They should 

be transmitted no later than December 13 (but Federal 

law sets no penalty for missing the deadline).

4. December 7, 2004 

Date for Determination of Controversy 

as to Appointment of Electors: 

States must make final determinations of any controversies or contests as to the appointment of electors 

at least six days before December 13 meetings of 

electors for their electoral votes to be presumptively 

valid when presented to Congress. Determinations by 

States’ lawful tribunals are conclusive, if decided under 

laws enacted prior to election day.

5. December 13, 2004 

Meetings of Electors and Transmission 

of Certificates of Vote to NARA: 

The electors meet in their State to select the 

President and Vice President of the United States. 

No Constitutional provision or Federal law requires 

electors to vote in accordance with the popular vote in 

their States. NARA’s web site lists the States that have 

laws to bind electors to candidates. The electors record 

their votes on six “Certificates of Vote,” which are 

paired with the six remaining Certificates of Ascertainment. The electors sign, seal and certify packages of 

electoral votes and immediately send one set of votes 

to the President of the Senate (Richard B. Cheney) and 

two sets to the Archivist. The Federal Register preserves 

one archival set and holds the reserve set subject to the 

call of the President of the Senate to replace missing or 

incomplete electoral votes.

2004 PRESIDENTIAL ELECTION 

Summary of Key Dates, Events & Information
6. December 22, 2004 

Deadline for Receipt of Electoral Votes at NARA: 

The President of the Senate and the Archivist should 

have the electoral votes in hand by December 22, 

2004 (States face no legal penalty for failure to 

comply). If votes are lost or delayed, the Archivist 

may take extraordinary measures to retrieve duplicate 

originals.

7. On or Before January 3, 2005 

Transmission of Certificates 

of Ascertainment to Congress: 

As the new Congress assembles, the Archivist 

transmits copies of the Certificates of Ascertainment 

to Congress. This generally occurs in late December 

or early January when the Archivist and/or representatives from the Federal Register meet with the Secretary 

of the Senate and the Clerk of the House. This is, in 

part, a ceremonial occasion. Informal meetings may 

take place earlier.

8. January 6, 2005 

Counting Electoral Votes in Congress: 

The Congress meets in joint session to count the 

electoral votes (Congress may pass a law to change 

the date). The President of the Senate is the presiding officer. If a Senator and a House member jointly 

submit an objection, each House would retire to its 

chamber to consider it. The President and Vice 

President must achieve a majority of electoral votes 

(270) to be elected. In the absence of a majority, the 

House selects the President, and the Senate selects 

the Vice President. If a State submits conflicting sets 

of electoral votes to Congress, the two Houses acting 

concurrently may accept or reject the votes. If they do 

not concur, the votes of the electors certified by the 

Governor of the State would be counted in Congress.

9. January 20, 2005 at Noon 

Inauguration: 

The President elect takes the Oath of Office and 

becomes the President of the United States. 

Total: 538; Majority Needed to Elect: 270

Alabama - 9 Montana - 3 

Alaska - 3 Nebraska - 5 

Arizona - 10 Nevada - 5 

Arkansas - 6 New Hampshire - 4 

California - 55 New Jersey - 15 

Colorado - 9 New Mexico - 5 

Connecticut – 7 New York - 31 

Delaware - 3 North Carolina - 15 

District of Columbia - 3 North Dakota - 3 

Florida - 27 Ohio - 20 

Georgia - 15 Oklahoma - 7 

Hawaii - 4 Oregon - 7 

Idaho - 4 Pennsylvania - 21 

Illinois - 21 Rhode Island - 4 

Indiana – 11 South Carolina - 8 

Iowa - 7 South Dakota - 3 

Kansas - 6 Tennessee - 11 

Kentucky - 8 Texas - 34 

Louisiana – 9 Utah - 5 

Maine - 4 Vermont - 3 

Maryland - 10 Virginia - 13 

Massachusetts - 12 Washington - 11 

Michigan - 17 West Virginia - 5 

Minnesota - 10 Wisconsin - 10 

Mississippi - 6 Wyoming - 3 

Missouri - 11 

2004 LIST OF STATES AND VOTES 

Allocation of Electoral Votes 

based on the 2000 Census

The 2004 Presidential Election/Provisions of the Constitution and United States Code 5
6 The 2004 Presidential Election/Provisions of the Constitution and United States Code

ARTICLE II

SECTION 1. The executive Power shall be vested in 

a President of the United States of America. He shall 

hold his Office during the Term of four Years, and, 

together with the Vice President, chosen for the same 

Term, be elected, as follows

Each State shall appoint, in such Manner as the 

Legislature thereof may direct, a Number of Electors, 

equal to the whole Number of Senators and Representatives to which the State may be entitled in the 

Congress: but no Senator or Representative, or Person 

holding an Office of Trust or Profit under the United 

States, shall be appointed an Elector.

The Congress may determine the Time of chusing 

the Electors, and the Day on which they shall give 

their Votes; which Day shall be the same throughout 

the United States.

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. ... 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 to 

the United States.

FOURTEENTH AMENDMENT

SECTION 1. All persons born or naturalized in the 

United States, and subject to the jurisdiction thereof, 

are citizens of the United States and the State wherein 

they reside. No State shall make or enforce any law 

which shall abridge the privileges or immunities 

of citizens of the United States; nor shall any State 

deprive any person of life, liberty, or property, without 

due process of law; nor deny to any person within its 

jurisdiction the equal protection of the laws.

SECTION 3. No person shall be ... elector of President and Vice President ... who, having previously 

taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State 

legislature, or as an executive or judicial officer of any 

State, to support the Constitution of the United States, 

shall have engaged in insurrection or rebellion against 

the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each 

House, remove such disability.

FIFTEENTH AMENDMENT

SECTION 1. The right of citizens of the United States 

to vote shall not be denied or abridged by the United 

States or by any State on account of race, color, or 

previous condition of servitude.

NINETEENTH AMENDMENT

The right of citizens of the United States to vote shall 

not be denied or abridged by the United States or by 

any State on account of sex.

CONSTITUTION OF THE UNITED STATES
The 2004 Presidential Election/Provisions of the Constitution and United States Code 7

TWENTIETH AMENDMENT

SECTION 1. The terms of the President and Vice 

President shall end at noon on the 20th day of January, 

and the terms of Senators and Representatives at noon 

on the 3d day of January, of the years in which such 

terms would have ended if this article had not been ratified; and the terms of their successors shall then begin.

SECTION 2. The Congress shall assemble at least 

once in every year, and such meeting shall begin at 

noon on the 3d day of January, unless they shall by 

law appoint a different day.

SECTION 3. If, at the time fixed for the beginning of 

the term of the President, the President elect shall have 

died, the Vice President elect shall become President. 

If a President shall not have been chosen before the 

time fixed for the beginning of his term, or if the President elect shall have failed to qualify, then the Vice 

President elect shall act as President until a President 

shall have qualified; and the Congress may by law 

provide for the case wherein neither a President elect 

nor a Vice President elect shall have qualified, declaring who shall then act as President, or the manner in 

which one who is to act shall be selected, and such 

person shall act accordingly until a President or Vice 

President shall have qualified.

SECTION 4. The Congress may by law provide for 

the case of the death of any of the persons from whom 

the House of Representatives may choose a President 

whenever the right of choice shall have devolved 

upon them, and for the case of the death of any of 

the persons from whom the Senate may choose a 

Vice President whenever the right of choice shall have 

devolved upon them.

TWENTY-SECOND AMENDMENT

SECTION 1. No person shall be elected to the office 

of the President more than twice, and no person who 

has held the office of President, or acted as President, 

for more than two years of a term to which some other 

person was elected President shall be elected to the 

office of the President more than once. But this Article 

shall not apply to any person holding the office of 

President when this Article was proposed by the Congress, and shall not prevent any person who may be 

holding the office of President, or acting as President, 

during the term within which this Article becomes operative from holding the office of President or acting 

as President during the remainder of such term.

TWENTY-THIRD AMENDMENT

SECTION 1. The District constituting the seat of 

Government of the United States shall appoint in such 

manner as the Congress may direct:

A number of electors of President and Vice President 

equal to the whole number of Senators and Representatives in Congress to which the District would be entitled if it were a State, but in no event more than the 

least populous State; they shall be in addition to those 

appointed by the States, but they shall be considered, 

for the purposes of the election of President and Vice 

President, to be electors appointed by a State; and they 

shall meet in the District and perform such duties as 

provided by the twelfth article of amendment.

TWENTY-FOURTH AMENDMENT

SECTION 1. The right of citizens of the United States 

to vote in any primary or other election for President or 

Vice President, for electors for President or Vice President, or for Senator or Representative in Congress, shall 

not be denied or abridged by the United States or any 

State by reason of failure to pay any poll tax or other tax.

TWENTY-FIFTH AMENDMENT 

SECTION 1. In case of the removal of the President 

from office or of his death or resignation, the Vice 

President shall become President.

SECTION 2. Whenever there is a vacancy in the office 

of the Vice President, the President shall nominate a 

Vice President who shall take office upon confirmation by a majority vote of both Houses of Congress.

SECTION 3. Whenever the President transmits to the 

President pro tempore of the Senate and the Speaker 

of the House of Representatives his written declaration 

that he is unable to discharge the powers and duties of 

his office, and until he transmits to them a written declaration to the contrary, such powers and duties shall be 

discharged by the Vice President as Acting President.
8 The 2004 Presidential Election/Provisions of the Constitution and United States Code

SECTION 4. Whenever the Vice President and a 

majority of either the principal officers of the executive 

departments or of such other body as Congress may 

by law provide, transmit to the President pro tempore 

of the Senate and the Speaker of the House of Representatives their written declaration that the President 

is unable to discharge the powers and duties of his 

office, the Vice President shall immediately assume the 

powers and duties of the office as Acting President.

 Thereafter, when the President transmits to the 

President pro tempore of the Senate and the Speaker 

of the House of Representatives his written declaration 

that no inability exists, he shall resume the powers 

and duties of his office unless the Vice President and a 

majority of either the principal officers of the executive department or of such other body as Congress 

may by law provide, transmit within four days to the 

President pro tempore of the Senate and the Speaker 

of the House of Representatives their written declaration that the President is unable to discharge the 

powers and duties of his office. Thereupon Congress 

shall decide the issue, assembling within forty-eight 

hours for that purpose if not in session. If the Congress, within twenty-one days after receipt of the latter 

written declaration, or, if Congress is not in session, 

within twenty-one days after Congress is required 

to assemble, determines by two-thirds vote of both 

Houses that the President is unable to discharge the 

powers and duties of his office, the Vice President shall 

continue to discharge the same as Acting President; 

otherwise, the President shall resume the powers and 

duties of his office.

TWENTY-SIXTH AMENDMENT

SECTION 1. The right of citizens of the United States, 

who are eighteen years of age or older, to vote shall 

not be denied or abridged by the United States or by 

any State on account of age.

Title 3 — The President

Chapter 1

Presidential Elections and Vacancies

Section

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 

the Senate or Archivist of the United States; demand 

on State for certificate. 

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.

UNITED STATES CODE

The following provisions of law governing Presidential 

Elections are contained in Chapter 1 of Title 3, 

United States Code (62 Stat. 672, as amended):
The 2004 Presidential Election/Provisions of the Constitution and United States Code 9

Time of Appointing Electors

§ 1. 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.

Failure to Make Choice on Prescribed Day

§ 2. 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.

Number of Electors

§ 3. 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.

Vacancies in Electoral College

§ 4. 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.

Determination of Controversy 

as to Appointment of Electors

§ 5. 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.

Credentials of Electors; Transmission to Archivist of 

The United States and to Congress; Public Inspection

§ 6. 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.

Meeting and Vote of Electors

§ 7. 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.
10 The 2004 Presidential Election/Provisions of the Constitution and United States Code

Manner of Voting

§ 8. The electors shall vote for President and Vice 

President, respectively, in the manner directed by the 

Constitution.

Certificates of Votes for President and Vice President

§ 9. 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.

Sealing and Endorsing Certificates

§ 10. 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.

Disposition of Certificates

§ 11. 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.

Failure of Certificates of Electors to Reach President 

of The Senate or Archivist of The United States; 

Demand on State for Certificate

§ 12. When no certificate of vote and list mentioned 

in sections 9 and 11 and 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.

Same; Demand on District Judge for Certificate

§ 13. 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.

Forfeiture for Messenger’s Neglect of Duty

§ 14. 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.

Counting Electoral Votes in Congress

§ 15. 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 
The 2004 Presidential Election/Provisions of the Constitution and United States Code 11

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.

Same; Seats for Officers And Members 

of Two Houses in Joint Meeting

§ 16. 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.

Same; Limit of Debate in Each House

§ 17. 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.

Same; Parliamentary Procedure at Joint Meeting

§ 18. 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.
12 The 2004 Presidential Election/Provisions of the Constitution and United States Code

Vacancy in Offices of Both President and 

Vice President; Officers Eligible to Act

§ 19. (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.

Resignation or Refusal of Office

§ 20. 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.

Definitions

§ 21. 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.

* The functions of the Board of Commissioners of the 

District of Columbia are now performed by the Mayor of the 

District of Columbia. (Reorganization Plan No. 3 of 1967, 

Section 401, 81 Stat. 948: Pub. L. 93-198, Sections 422 and 

711, 87 Stat. 790, 818.)
Mailing Information

Certificates of Ascertainment

As soon as practicable after certifying their general election results, each State must send one 

of seven original Certificates of Ascertainment, along with two certified copies (or two additional 

originals) to: 

John W. Carlin 

Archivist of the United States

National Archives and Records Administration

c/o Office of the Federal Register (NF)

8601 Adelphi Road

College Park, MD 20740-6001 

Certificates of Vote

As soon as possible after their Electors vote, each State must pair six original Certificates of Vote 

with the six remaining original Certificates of Ascertainment, and send them to the designated 

Federal and State officials as follows:

One pair is sent by registered mail to: 

The Honorable Richard B. Cheney 

President of the United States Senate 

The Capitol 

Washington, DC 20510

Two pairs are sent by registered mail to:

John W. Carlin 

Archivist of the United States 

National Archives and Records Administration 

c/o Office of the Federal Register (NF)

8601 Adelphi Road

College Park, MD 20740-6001 

Two pairs are sent to:

The Secretary of State of each State.

■ One of these is held subject to the order of the President of the United States Senate or 

the Archivist of the United States in case the electoral votes fail to reach the Senate or the Archivist. 

■ The other one is to be preserved by the Secretary of State for public inspection for one year. 

One pair is sent to: 

The Chief Judge of the Federal District Court located where the electors meet.

■ It is held subject to the order of the President of the United States Senate or the Archivist of the United 

States in case the electoral votes fail to reach the Senate or the Archivist.

Contacts

For more information on the Electoral College and the election responsibilities of the States and the 

Archivist of the United States, contact the Office of the Federal Register: 

Phone: 202-741-6030 

Email: electoral_college@nara.gov 

Your Electoral College contacts at the Office of the Federal Register are: 

Michael White, Director of Legal Affairs and Policy

Amy Bunk, Attorney-Advisor