the 2012 presidential election 

PROVISIONS OF THE CONSTITUTION AND UNITED STATES CODE 
 

 

 

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 

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. 
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 June, 2012] 

The 2012 Presidential Election/Provisions of the Constitution and United States Code 

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TABLE OF CONTENTS
 

2012 Presidential Election Summary of Key Dates, Events and Information......................................................... 4
 

2012 List Of States and Votes................................................................................................................................. 5
 

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

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

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

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

Fifteenth Amendment.........................................................................................................................................................7
 

Nineteenth Amendment .....................................................................................................................................................7
 

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

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

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

Twenty-Fourth Amendment................................................................................................................................................8
 

Twenty-Fifth Amendment ...................................................................................................................................................8
 

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

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

Chapter 1. Presidential Elections And Vacancies................................................................................................................... 11
 

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


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


§ 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
 

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
 

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................................................................................................................... 13
 

§ 18 Same; Parliamentary Procedure at Joint Meeting.................................................................................................. 13
 

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

§ 20 Resignation or Refusal of Office............................................................................................................................ 14
 

§ 21 Definitions.............................................................................................................................................................. 14
 

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

CONTACTS ............................................................................................................................................................ 16
 

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2012 PRESIDENTIAL ELECTION 


Summary of Key Dates, Events and Information 

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 2012 

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 6, 2012 

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 17, 2012 

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 to the Archivist at the address below: 

David S. Ferriero 

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 

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 11, 2012 

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 17 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. 

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5. December 17, 2012 

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 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 

at the following address: 

David S. Ferriero 

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 

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 26, 2012 

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 26, 

2012. If votes are lost or delayed, the Archivist may take 

extraordinary measures to retrieve duplicate originals. 

7. On or Before January 3, 2013 

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. 

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8. January 6, 2013 

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, 2013 at Noon 

Inauguration: 

•	 The President elect takes the Oath of Office and

becomes the President of the United States. 

2012 LIST OF STATES AND VOTES 


Allocation of Electoral Votes 

based on the 2010 Census 

Total: 538; Majority Needed to Elect: 270
 

Alabama - 9 Montana - 3
 

Alaska - 3 Nebraska - 5
 

Arizona - 11 Nevada - 6
 

Arkansas - 6 New Hampshire - 4
 

California - 55 New Jersey - 14
 

Colorado - 9 New Mexico - 5
 

Connecticut – 7 New York - 29
 

Delaware - 3 North Carolina - 15
 

District of Columbia - 3 North Dakota - 3
 

Florida - 29 Ohio - 18
 

Georgia - 16 Oklahoma - 7
 

Hawaii - 4 Oregon - 7
 

Idaho - 4 Pennsylvania - 20
 

Illinois - 20 Rhode Island - 4
 

Indiana – 11 South Carolina - 9
 

Iowa - 6 South Dakota - 3
 

Kansas - 6 Tennessee - 11
 

Kentucky - 8 Texas - 38
 

Louisiana – 8 Utah - 6
 

Maine - 4 Vermont - 3
 

Maryland - 10 Virginia - 13
 

Massachusetts - 11 Washington - 12
 

Michigan - 16 West Virginia - 5
 

Minnesota - 10 Wisconsin - 10
 

Mississippi - 6 Wyoming - 3
 

Missouri - 10
 

The 2012 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 VicePresident, 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 

* Asterisks represent additional text not printed here. 

The 2012 Presidential Election/Provisions of the Constitution and United States Code 

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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 2012 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 twothirds 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 2012 Presidential Election/Provisions of the Constitution and United States Code 

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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 2012 Presidential Election/Provisions of the Constitution and United States Code 

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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. 

The 2012 Presidential Election/Provisions of the Constitution and United States Code 

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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 

The 2012 Presidential Election/Provisions of the Constitution and United States Code 

12 
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 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 

The 2012 Presidential Election/Provisions of the Constitution and United States Code 

13 
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. 

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 

The 2012 Presidential Election/Provisions of the Constitution and United States Code 

14 
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 

 (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. 

§ 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 

§ 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 

* 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.) 

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 

office of President devolve upon them.

Resignation or Refusal of Office 

Secretary of State. 

Definitions 

of Columbia. 

The 2012 Presidential Election/Provisions of the Constitution and United States Code 

15 
		 	

		

		

		

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) to: 

David S. Ferriero 

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 

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 at the following address: 

David S. Ferriero 

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
 

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:
 

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, Attorney-Advisor
 

The 2012 Presidential Election/Provisions of the Constitution and United States Code 

16 
For more information on the Electoral College, 

visit NARA’s web site at: 

http://www.archives.gov/federal-register/electoral-college/.