National Republican., 1880-10-12
PRESIDENTIIL ELEC7oRS.
Their appointment aud Qualification-The
Constitution and Laws In Regard Thereto
Opinion by tho oAttorney-Goneral.
" AsIIINarnN Ort q 1920

Their appointment and Ounlifica tiOn-The
Constitution aud Laws In Regard Thereto
Opinion by tho Attorney-Goneral.
WASHINGTON, Oct. 8, 1880.
To the Editor of The National Republican,.
SIR: In answer to your inquiry, "What arc
tho constitutional and statutory provisions
in regard TO the Office of clector of president
and yice.president, and what Is the proper
evidence Of title to such au Office" have the
honor to reply.
The constitution of tho United States pro.
vides ms follows: |".
Each state shall appoint, In such manner as tho
legislature thercofmsy direct number of electors
equal to the whole number Of senators and repre-.
sentayes to which the state may be entitled in the
congress; but no senator or representative or per-
son holding an oilico Of trust or profit under the
United States shall be appointed an elector.-Ari-
Tic electors shall meet in their respective states
and vote by ballot for president and Vice pre- ident
one OF whom at least, shall not be MI inhabRnt
OF the same state with themselves; they shall
name in their ballots the person voted for as presi-
don't and In distinct ballots the person voted for as
yceprcsident, and they shall make distinct lists of
all persons voted for rs president and Of all persons
voted for as vico.prcsdent aud of the number OF
votes for each which lists they shall sign and Ger.
tifY and transmit sealed 10 the seat of government
of the United States, directed TO the president Of tho
senate. The president Of the senate shall In the
presence Of the senate and house Ofrepresentatves
open all tho certificates and tho votes shall then be
counted tho person having tho greatest number
Of votes for president shall DO the president such
number bG n majority OF the whole number of
electors appointed; and II no person have such
majority, then from the persons having the highest
number not exceeding three on the list of those
voted for president the house Of representatives
shall choose Immediately by ballot the president.
But In choosing the president the votes shall be
taken by states tho representation from each state
having one yotei quorum for this purpose shall
consist OF u member or mOmbors from twothrds of
the states and majority Of all tho states shall be
necessary 10 choice, And If the house of repre-
sentotives shall not choose president whenever
the right OF choice shall devOye upon them before
the ith day Of March next following then the vice
president shall Uct as president, Us in the case Of
the death or other constitutional disability OF the
president Tho person having tho greatest mum
Der Of votes as yicG.presdenI shall bo the vice
number OF electors appointed; and If no person
have II majority, then from the two highest mum
bcrS on the list the senate shall choose the vice
prcsllcuL-Atice l2 amendments.
The congress may determine the time of Choos-
Ing the eCtOrS and the day which they shall give
out tho United Staics.-lrticle ., seciioA /.
Tho congress shall have power y 10
make all laws which shall 90 necessary and proper
f,r carrying into execution the foregoing powers
and all other powers vested by this constitution In
the government OF the Uni,Cd States or in any de-
No person shall be o senator or representative IN
congress, or ecetOr OF president and e-presldent
or hold any Office civil or military, undor the
United states, or under any state, who, having
previously taken an oath, rs Il momber Of con,
gIes3 or Ns an officer of the United states or as
member Of any state legislature, or as an executive
or judicial officer Of any STALE to support the con-
sltutlon of the United States shall have engaged in
Instruction or rebellion agA.Lst the same or given
aid or comfort TO the enemies thereof. But con-