IA
107TH CONGRESS
1ST SESSION
H. J. RES. 18
Proposing an amendment to the Constitution of the United States to provide
a new procedure for appointment of Electors for the election of the
President and Vice President.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 13, 2001
Mr. ENGEL introduced the following joint resolution; which was referred to
the Committee on the Judiciary
JOINT RESOLUTION
Proposing an amendment to the Constitution of the United
States to provide a new procedure for appointment of
Electors for the election of the President and Vice Presi-
dent.
Resolved by the Senate and House of Representatives
of the United States of America in Congress assembled (two-
thirds of each House concurring therein), That the fol-
lowing article is proposed as an amendment to the Con-
stitution of the United States, which shall be valid to all
intents and purposes as part of the Constitution when
ratified by the legislatures of three-fourths of the several
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States within seven years after the date of final passage
of this joint resolution:
‘‘ARTICLE —
‘‘SECTION 1. In an election for President and Vice
President, each State shall appoint two Electors to vote
for the candidates for President and Vice President that
received the greatest number of popular votes in the State
and, for each congressional district established under sec-
tion 4 of this article, one Elector to vote for the candidates
for President and Vice President that received the greatest
number of popular votes in that district. The candidate
having the greatest number of electoral votes for President
shall be the President. The candidate having the greatest
number of electoral votes for Vice President shall be the
Vice President.
‘‘SECTION 2. If two or more candidates receive an
equal number of electoral votes for President and such
number is greater than the number of such votes received
by any other candidate, then from the candidates who re-
ceive such equal number of votes the House of Representa-
tives 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
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or members from two-thirds of the States, and a majority
of all the States shall be necessary to a choice.
‘‘SECTION 3. If two or more candidates receive an
equal number of electoral votes for Vice President and
such number is greater than the number of such votes re-
ceived by any other candidate, then from the candidates
who receive such equal number of votes 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.
‘‘SECTION 4. Each State shall by law establish, for
the election of Representatives in the Congress and for
purposes of section 1 of this article, a number of districts
equal to the number of Representatives to which such
State is entitled. All such districts shall be established by
the States at such intervals as the Congress by law pro-
vides. Any district established for the election of Rep-
resentatives in the Congress as of the date of the ratifica-
tion of this article may be considered to be established
pursuant to this section.
‘‘SECTION 5. For purposes of this article other than
sections 2 and 3, the District constituting the seat of Gov-
ernment of the United States shall be treated as if it were
a State, except that the District may not appoint a num-
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ber of Electors greater than the number of Electors ap-
pointed by the least populous State.
‘‘SECTION 6. The Congress shall have the power to
enforce this article by appropriate legislation.
‘‘SECTION 7. This article shall apply with regard to
any election for President and Vice President that is held
more than one year after the date of the ratification of
this article.’’.
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