[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.J. Res. 113 Introduced in House (IH)]






108th CONGRESS
  2d Session
H. J. RES. 113

    Proposing an amendment to the Constitution of the United States 
 relating to the process by which the House of Representatives chooses 
the President of the United States in the event no candidate receives a 
                    majority of the electoral votes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 18, 2004

   Mr. Sherman 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 
 relating to the process by which the House of Representatives chooses 
the President of the United States in the event no candidate receives a 
                    majority of the electoral votes.

    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 following 
article is proposed as an amendment to the Constitution 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 States within seven years after the date of its submission for 
ratification:

                              ``Article --

    ``Section 1. Whenever the right to choose the President devolves 
upon the House of Representatives, the Members of the House shall cast 
votes on an individual basis, and the candidate receiving the greatest 
number of votes cast by the Members shall be the President so long as 
such number is a majority of the votes cast.
    ``Section 2. For purposes of a meeting of the House to cast votes 
under section 1, a majority of the House shall constitute a quorum, 
except that a member or Members must be present from at least two-
thirds of the States.''.
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