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)) shall apply with respect to a special election 
held under paragraph (1) in the same manner as 
such section applies to special elections held in ex-
traordinary circumstances, except that— 
(A) any reference in such section to the 
date on which the Speaker of the House of Rep-
resentatives 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’’ received the greatest number of votes; 
and 
(B) notwithstanding subsection (b)(3)(A) 
of such section, the determination of the can-
didates 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 sub-
section (b)(2) of such section. 
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(3) STATE DEFINED.—In this subsection, the 
term ‘‘State’’ means each of the several States, the 
District of Columbia, the Commonwealth of Puerto 
Rico, American Samoa, Guam, the United States 
Virgin Islands, and the Commonwealth of the North-
ern Mariana Islands. 
(b) ELECTIONS FOR PRESIDENT AND VICE PRESI-
DENT.— 
(1) NEW ELECTION.—If ‘‘None of the Above’’ 
receives the greatest number of the aggregate votes 
cast in all States in the general election for the of-
fices of President and Vice President held on the 
date established for the appointing of electors under 
section 1 of title 3, United States Code— 
(A) no electors of President and Vice 
President shall be considered to have been ap-
pointed in any State on that date; and 
(B) the electors of President and Vice 
President shall be appointed in each State pur-
suant to a special general election held 35 days 
after that date. 
(2) TIMING FOR MEETING AND VOTE OF ELEC-
TORS.—Section 7 of title 3, United States Code, is 
amended by inserting after ‘‘following their appoint-
ment’’ the following: ‘‘(or, in the case of electors ap-
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pointed 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’’ the following: ‘‘(or, 
in the case of a meeting of the electors after a spe-
cial 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 de-
termination 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 re-
quired under section 7 of title 3, United States Code 
(as amended by paragraph (2)). 
(5) STATE DEFINED.—In this subsection, the 
term ‘‘State’’ means each of the several States and 
the District of Columbia. 
SEC. 4. EFFECTIVE DATE. 
This section shall apply with respect to general elec-
tions for Federal office beginning with the first regularly 
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scheduled general election held after the date of the enact-
ment of this Act. 
Æ 
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