None of the Above Act

To require that None of the Above 1. Short Title This Act may be cited as the None of the Above Act 2. Option to Vote for None of the Above (a) In general Notwithstanding any other provision of law, any individual casting a ballot in a general election for Federal office shall be given the opportunity to cast a vote for None of the Above (b) Placement On a ballot in a general election for Federal office, None of the Above 3. Effect of None of the Above (a) Elections for House of Representatives and Senate (1) Special election Required If None of the Above (A) executive authority of the State in which the election is held shall issue a writ of election to hold a special election for such office, at such time and in accordance with such procedures as the State may establish (subject to paragraph (2)); and (B) absent the certification of the result of such a special election prior to the first day of the first Congress which begins after the date of the election, a vacancy shall be considered to exist in the office as of such date. (2) Application to special election of certain rules governing special elections in extraordinary circumstances Section 26(b) of the Revised Statutes of the United States ( 2 U.S.C. 8(b) (A) any reference in such section to the date on which the Speaker of the House of Representatives announces that a vacancy exists shall be deemed to be a reference to the date of the general election for which None of the Above (B) notwithstanding subsection (b)(3)(A) of such section, the determination of the candidates who will run in the special election held under paragraph (1) shall be made by such method as the State considers appropriate that will ensure that the State will hold the special election within the deadline required under subsection (b)(2) of such section. (3) State defined In this subsection, the term State (b) Elections for President and Vice President (1) New election If None of the Above (A) no electors of President and Vice President shall be considered to have been appointed in any State on that date; and (B) the electors of President and Vice President shall be appointed in each State pursuant to a special general election held 35 days after that date. (2) Timing for meeting and vote of electors Section 7 of title 3, United States Code, is amended by inserting after following their appointment (or, in the case of electors appointed pursuant to a special general election held under section 3(b) of the None of the Above Act, 3 days after the date of such special election) (3) Time for counting of electoral votes by Congress The first sentence of section 15 of title 3, United States Code, is amended by inserting after meeting of the electors (or, in the case of a meeting of the electors after a special general election held under section 3(b) of the None of the Above Act, on the 16th day of January succeeding the meeting) (4) Determination of candidates The determination of the candidates who will run in the special election held under paragraph (1)(B) in a State shall be made by such method as the State considers appropriate that will ensure that the State will hold the special election within the deadline required under section 7 of title 3, United States Code (as amended by paragraph (2)). (5) State defined In this subsection, the term State 4. Effective Date This section shall apply with respect to general elections for Federal office beginning with the first regularly scheduled general election held after the date of the enactment of this Act.

Summary: None of the Above Act Any individual casting a ballot in a general election for federal office shall be given the opportunity to cast a vote for "None of the Above" on a separate line after the names of all other candidates in the election. The effect of "None of the Above" receiving the greatest number of votes in elections for the House of Representatives and the Senate would be to require a special election and in elections for President and Vice President it would be to require a special general election.