PREFACE

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. 

Before 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, election officials send to the OFR Certificates of 

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 Publishing Office for its 

assistance in developing this cover.

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.
The 2016 Presidential Election/Provisions of the Constitution and United States Code

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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 February, 2016]
The 2016 Presidential Election/Provisions of the Constitution and United States Code

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TABLE OF CONTENTS

2016 Presidential Election Summary of Key Dates, Events and Information ..........................4

2016 List Of States and Votes .......................................................................................................6

CONSTITUTION OF THE UNITED STATES..........................................................................7

Article II......................................................................................................................................7

Twelfth Amendment....................................................................................................................7

Fourteenth Amendment...............................................................................................................7

Fifteenth Amendment..................................................................................................................8

Nineteenth Amendment...............................................................................................................8

Twentieth Amendment................................................................................................................8

Twenty-Second Amendment.......................................................................................................8

Twenty-Third Amendment..........................................................................................................8

Twenty-Fourth Amendment........................................................................................................9

Twenty-Fifth Amendment...........................................................................................................9

Twenty-Sixth Amendment ..........................................................................................................9

UNITED STATES CODE ...........................................................................................................10

Chapter 1. Presidential Elections And Vacancies..........................................................................10

§ 1 Time of Appointing Electors.............................................................................................11

§ 2 Failure to Make Choice on Prescribed Day ......................................................................11

§ 3 Number of Electors...........................................................................................................11

§ 4 Vacancies in Electoral College .........................................................................................11

§ 5 Determination of Controversy as to Appointment of Electors..........................................11

§ 6 Credentials of Electors; Transmission to Archivist of the United States and to 

Congress; Public Inspection..............................................................................................11

§ 7 Meeting and Vote of Electors ...........................................................................................11

§ 8 Manner of Voting..............................................................................................................12

§ 9 Certificates of Votes for President and Vice President.....................................................12

§ 10 Sealing and Endorsing Certificates...................................................................................12

§ 11 Disposition of Certificates.................................................................................................12

§ 12 Failure of Certificates of Electors to Reach President of the Senate 

or Archivist of the United States; Demand on State for Certificate..................................12

§ 13 Same; Demand on District Judge for Certificate ..............................................................12

§ 14 Forfeiture for Messenger’s Neglect of Duty .....................................................................12

§ 15 Counting Electoral Votes in Congress..............................................................................12

§ 16 Same; Seats for Officers and Members of Two Houses in Joint Meeting ........................13

§ 17 Same; Limit of Debate in Each House..............................................................................14

§ 18 Same; Parliamentary Procedure at Joint Meeting .............................................................14

§ 19 Vacancy in Offices of Both President and Vice President; Officers Eligible to Act ........14

§ 20 Resignation or Refusal of Office.......................................................................................15

§ 21 Definitions.........................................................................................................................15

MAILING INFORMATION.......................................................................................................16

CONTACTS .................................................................................................................................16
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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 Office of the 

Federal Register (OFR) 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 2016 

Preparation Stage: 

 The OFR Legal Staff 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 OFR Legal Staff begins contacting 

Governors and Secretaries of State to establish contacts 

for the coming election. 

2. November 8, 2016 

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-take 

all” (Maine and Nebraska are the exceptions).

3. Mid-November through December 19, 2016

Transmission of Certificates of Ascertainment to NARA: 

The Certificates of Ascertainment list the names of the 

electors appointed and the number of votes cast for each 

person.

 The States prepares no less than SEVEN originals, 

which are authenticated by the Governor’s signature and 

the State seal, and TWO certified copies. Alternatively, 

NINE originals may be prepared.

One original along with two certified copies (or three 

originals, if nine were prepared) must be sent by 

registered mail or by commercial courier to the Archivist. 

If using a commercial courier (including UPS or FedEx), 

which we recommend, please contact OFR Legal Staff for 

the appropriate delivery address. If using USPS, please 

use the address below:

David S. Ferriero 

Archivist of the United States

National Archives and Records Administration

c/o Office of the Federal Register (F)

8601 Adelphi Road

College Park, MD 20740-6001 

The Governors must submit the Certificates of 

Ascertainment “as soon as practicable” after their States 

certify election results. 

 The remaining SIX original Certificates of 

Ascertainment will be attached to the Certificates of Vote 

at the State meetings.

4. December 13, 2016 

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 the December 19 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.

2016 PRESIDENTIAL ELECTION

Summary of Key Dates, Events and Information
The 2016 Presidential Election/Provisions of the Constitution and United States Code

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5. December 19, 2016 

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. The 

Electoral College web site lists the States that we are aware 

of that have laws to bind electors to candidates.

The electors record their votes on SIX “Certificates of 

Vote,” which are then paired with the SIX remaining 

original Certificates of Ascertainment. 

 The electors sign, seal, and certify the electoral votes in 

packages containing a paired original Certificate of 

Ascertainment and original Certificate of Vote each. They 

immediately distribute the paired certificates as follows:

 One pair of original certificates is sent to the President of 

the Senate (Joseph R. Biden, Jr.):

The Honorable Joseph R. Biden, Jr

President of the United States Senate 

United States Senate 

Washington, DC 20510

 Two pairs of original certificates are sent to the 

Archivist. Please contact the OFR Legal Staff for the 

delivery address for commercial carriers or use the 

following address for USPS:

David S. Ferriero

Archivist of the United States

National Archives and Records Administration

c/o Office of the Federal Register (F)

8601 Adelphi Road

College Park, MD 20740-6001 

The Archivist holds one pair subject to the order of the 

President of the United States Senate in case the electoral 

votes fail to reach the Senate. The other pair is held by the 

Office of the Federal Register for public inspection for one 

year.

 Two pairs of certificates are sent by registered mail to 

the Secretary of State of each State, who holds one pair 

subject to the order of the President of the United States 

Senate in case the electoral votes fail to reach the Senate.

 One pair of original certificates 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.

6. December 28, 2016

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 28, 2016. If 

votes are lost or delayed, the Archivist may take 

extraordinary measures to retrieve duplicate originals. 

7. On or Before January 3, 2017 

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 OFR 

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. 
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8. January 6, 2017 

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 electoral votes to 

Congress, the two Houses acting concurrently may 

accept or reject them. 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, 2017 at Noon 

Inauguration: 

 The President elect takes the Oath of Office and 

becomes the President of the United States. If the 20th 

falls on a weekend there is usually a private swearing in 

ceremony on the 20th, followed by the public swearing 

in the next business day.

2016 LIST OF STATES AND VOTES

Allocation of Electoral Votes

based on the 2010 census

Total: 538; Majority Needed to Elect: 270

Alabama - 9

Alaska - 3 

Arizona - 11 

Arkansas - 6 

California - 55

Colorado - 9

Connecticut – 7 

Delaware - 3 

District of Columbia - 3 

Florida - 29 

Georgia - 16

Hawaii - 4 

Idaho - 4 

Illinois - 20 

Indiana – 11

Iowa - 6 

Kansas - 6 

Kentucky - 8 

Louisiana – 8

Maine - 4 

Maryland - 10 

Massachusetts - 11

Michigan - 16 

Minnesota - 10 

Mississippi - 6 

Missouri - 10 

Montana - 3 

Nebraska - 5 

Nevada - 6 

New Hampshire - 4 

New Jersey - 14

New Mexico - 5 

New York - 29 

North Carolina - 15 

North Dakota - 3 

Ohio - 18 

Oklahoma - 7 

Oregon - 7 

Pennsylvania - 20 

Rhode Island - 4 

South Carolina - 9 

South Dakota - 3

Tennessee - 11 

Texas - 38 

Utah - 6 

Vermont - 3 

Virginia - 13 

Washington - 12 

West Virginia - 5 

Wisconsin - 10 

Wyoming - 3 
The 2016 Presidential Election/Provisions of the Constitution and United States Code

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CONSTITUTION OF THE UNITED STATES

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 VicePresident, 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 VicePresident 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, 

* Asterisks represent additional text not printed 
The 2016 Presidential Election/Provisions of the Constitution and United States Code

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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.

* * * * * * *

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 
The 2016 Presidential Election/Provisions of the Constitution and United States Code

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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.

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.

* * * * * * *
The 2016 Presidential Election/Provisions of the Constitution and United States Code

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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):

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.
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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 duplicateoriginals 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.

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.
The 2016 Presidential Election/Provisions of the Constitution and United States Code

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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 

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.
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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.

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 
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14

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.

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 
The 2016 Presidential Election/Provisions of the Constitution and United States Code

15

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 967, Section 408, 8 Stat. 948: Pub L. 93-198, 

Sections 422 and 711, 87 Stat. 790, 818.)
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16

MAILING INFORMATION

Certificates of Ascertainment

As soon as practicable after certifying their general election results, each State must send ONE original Certificate of 

Ascertainment, along with TWO certified copies (if seven originals were prepared) OR THREE original Certificates of 

Ascertainment (if nine originals were prepared). Please contact the OFR Legal Staff for the appropriate delivery 

address for commercial carriers. For USPS, please mail to:

David S. Ferriero

Archivist of the United States

National Archives and Records Administration

c/o Office of the Federal Register (F)

8601 Adelphi Road

College Park, MD 20740-6001 

The remaining SIX original Certificates of Ascertainment will be attached to the Certificates of Vote at the State 

meetings.

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 of original certificates is sent to the President of the Senate (Joseph R. Biden, Jr):

The Honorable Joseph R. Biden, Jr

President of the United States Senate 

United States Senate 

Washington, DC 20510

· Two pairs of original certificates are sent to the Archivist. Please contact the OFR Legal Staff for the appropriate 

delivery address for commercial carriers. For USPS, please use the following address:

David S. Ferriero

Archivist of the United States

National Archives and Records Administration

c/o Office of the Federal Register (F)

8601 Adelphi Road

College Park, MD 20740-6001 

The Archivist holds one pair subject to the order of the President of the United States Senate in case the electoral 

votes fail to reach the Senate. The other pair is held by the Office of the Federal Register for public inspection for one 

year.

· Two pairs of certificates are sent by registered mail to the Secretary of State of each State, who holds one pair subject 

to the order of the President of the United States Senate in case the electoral votes fail to reach the Senate.

· One pair of original certificates 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 Legal Staff:

Phone: 202-741-6030 

Email: Electoral.College@nara.gov 

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

Amy Bunk, Director of Legal Affairs and Policy 

Miriam Vincent, Staff Attorney