I 

114TH CONGRESS 

2D SESSION H. R. 6349 

To require that ‘‘None of the Above’’ be provided as an option in general 

elections for Federal office, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 17, 2016 

Mr. GRAYSON introduced the following bill; which was referred to the 

Committee on House Administration 

A BILL 

To require that ‘‘None of the Above’’ be provided as an 

option in general elections for Federal office, and for 

other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘None of the Above 

5 Act’’. 

6 SEC. 2. OPTION TO VOTE FOR ‘‘NONE OF THE ABOVE’’ IN 

7 GENERAL ELECTIONS FOR FEDERAL OFFICE. 

8 (a) IN GENERAL.—Notwithstanding any other provi9 sion of law, any individual casting a ballot in a general 


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1 election for Federal office shall be given the opportunity 

2 to cast a vote for ‘‘None of the Above’’. 

3 (b) PLACEMENT.—On a ballot in a general election 

4 for Federal office, ‘‘None of the Above’’ shall appear as 

5 a separate line after the names of all other candidates in 

6 the election. 

7 SEC. 3. EFFECT OF ‘‘NONE OF THE ABOVE’’ RECEIVING 

8 GREATEST NUMBER OF VOTES CAST IN ELEC9 TION. 

10 (a) ELECTIONS FOR HOUSE OF REPRESENTATIVES

11 AND SENATE.— 

12 (1) SPECIAL ELECTION REQUIRED.—If ‘‘None 

13 of the Above’’ receives the greatest number of votes 

14 cast in a general election for the office of Senator 

15 or the office of Representative in, or Delegate or 

16 Resident Commissioner to, the Congress— 

17 (A) executive authority of the State in 

18 which the election is held shall issue a writ of 

19 election to hold a special election for such of20 fice, at such time and in accordance with such 

21 procedures as the State may establish (subject 

22 to paragraph (2)); and 

23 (B) absent the certification of the result of 

24 such a special election prior to the first day of 

25 the first Congress which begins after the date 


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1 of the election, a vacancy shall be considered to 

2 exist in the office as of such date. 

3 (2) APPLICATION TO SPECIAL ELECTION OF

4 CERTAIN RULES GOVERNING SPECIAL ELECTIONS IN

5 EXTRAORDINARY CIRCUMSTANCES.—Section 26(b) of 

6 the Revised Statutes of the United States (2 U.S.C. 

7 8(b)) shall apply with respect to a special election 

8 held under paragraph (1) in the same manner as 

9 such section applies to special elections held in ex10 traordinary circumstances, except that— 

11 (A) any reference in such section to the 

12 date on which the Speaker of the House of Rep13 resentatives announces that a vacancy exists 

14 shall be deemed to be a reference to the date 

15 of the general election for which ‘‘None of the 

16 Above’’ received the greatest number of votes; 

17 and 

18 (B) notwithstanding subsection (b)(3)(A) 

19 of such section, the determination of the can20 didates who will run in the special election held 

21 under paragraph (1) shall be made by such 

22 method as the State considers appropriate that 

23 will ensure that the State will hold the special 

24 election within the deadline required under sub25 section (b)(2) of such section. 


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1 (3) STATE DEFINED.—In this subsection, the 

2 term ‘‘State’’ means each of the several States, the 

3 District of Columbia, the Commonwealth of Puerto 

4 Rico, American Samoa, Guam, the United States 

5 Virgin Islands, and the Commonwealth of the North6 ern Mariana Islands. 

7 (b) ELECTIONS FOR PRESIDENT AND VICE PRESI8 DENT.— 

9 (1) NEW ELECTION.—If ‘‘None of the Above’’ 

10 receives the greatest number of the aggregate votes 

11 cast in all States in the general election for the of12 fices of President and Vice President held on the 

13 date established for the appointing of electors under 

14 section 1 of title 3, United States Code— 

15 (A) no electors of President and Vice 

16 President shall be considered to have been ap17 pointed in any State on that date; and 

18 (B) the electors of President and Vice 

19 President shall be appointed in each State pur20 suant to a special general election held 35 days 

21 after that date. 

22 (2) TIMING FOR MEETING AND VOTE OF ELEC23 TORS.—Section 7 of title 3, United States Code, is 

24 amended by inserting after ‘‘following their appoint25 ment’’ the following: ‘‘(or, in the case of electors apVerDate Sep 11 2014 04:00 Nov 19, 2016 Jkt 069200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H6349.IH H6349

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1 pointed pursuant to a special general election held 

2 under section 3(b) of the None of the Above Act, 3 

3 days after the date of such special election)’’. 

4 (3) TIME FOR COUNTING OF ELECTORAL VOTES

5 BY CONGRESS.—The first sentence of section 15 of 

6 title 3, United States Code, is amended by inserting 

7 after ‘‘meeting of the electors’’ the following: ‘‘(or, 

8 in the case of a meeting of the electors after a spe9 cial general election held under section 3(b) of the 

10 None of the Above Act, on the 16th day of January 

11 succeeding the meeting)’’. 

12 (4) DETERMINATION OF CANDIDATES.—The de13 termination of the candidates who will run in the 

14 special election held under paragraph (1)(B) in a 

15 State shall be made by such method as the State 

16 considers appropriate that will ensure that the State 

17 will hold the special election within the deadline re18 quired under section 7 of title 3, United States Code 

19 (as amended by paragraph (2)). 

20 (5) STATE DEFINED.—In this subsection, the 

21 term ‘‘State’’ means each of the several States and 

22 the District of Columbia. 

23 SEC. 4. EFFECTIVE DATE. 

24 This section shall apply with respect to general elec25 tions for Federal office beginning with the first regularly 


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1 scheduled general election held after the date of the enact2 ment of this Act. 

Æ 


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