[United States Senate Manual, 106th Congress]
[S. Doc. 106-1]
[USCODETITLE]
[Pages 603-610]
[From the U.S. Government Publishing Office, www.gpo.gov]


[[Page 603]]


 
                               TITLE 3.--THE PRESIDENT

            
                  Chapter 1.--PRESIDENTIAL ELECTIONS AND VACANCIES

       400
       400  Sec. 1. Time of appointing electors.
                The electors of President and Vice President shall be 
            appointed, in each State, on the Tuesday next after the 
            first Monday in November, in every fourth year succeeding 
            every election of a President and Vice President. (June 25, 
            1948, ch. 644, Sec. 1, 62 Stat. 672.)
       401
       401  Sec. 2. Failure to make choice on prescribed day.
                Whenever any State has held an election for the purpose 
            of choosing electors, and has failed to make a choice on the 
            day prescribed by law, the electors may be appointed on a 
            subsequent day in such a manner as the legislature of such 
            State may direct. (June 25, 1948, ch. 644, Sec. 1, 62 Stat. 
            672.)
       402
       402  Sec. 3. Number of electors.
                The number of electors shall be equal to the number of 
            Senators and Representatives to which the several States are 
            by law entitled at the time when the President and Vice 
            President to be chosen come into office; except, that where 
            no apportionment of Representatives has been made after any 
            enumeration, at the time of choosing electors, the number of 
            electors shall be according to the then existing 
            apportionment of Senators and Representatives. (June 25, 
            1948, ch. 644, Sec. 1, 62 Stat. 672.)
       403
       403  Sec. 4. Vacancies in electoral college.
                Each State may, by law, provide for the filling of any 
            vacancies which may occur in its college of electors when 
            such college meets to give its electoral vote. (June 25, 
            1948, ch. 644, Sec. 1, 62 Stat. 673.)
       404
       404  Sec. 5. Determination of controversy as to appointment of 
                electors.
                If any State shall have provided, by laws enacted prior 
            to the day fixed for the appointment of the electors, for 
            its final determination of any controversy or contest 
            concerning the appointment of all or any of the electors of 
            such State, by judicial or other methods or procedures, and 
            such determination shall have been made at least six days 
            before the time fixed for the meeting of the electors, such 
            determination made pursuant to such law so existing on said 
            day, and made at least six days prior to said time of 
            meeting of the electors, shall be conclusive, and shall 
            govern in the counting of the electoral votes as provided in 
            the Constitution, and as hereinafter regulated, so far as 
            the ascertainment of the electors appointed by such State is 
            concerned. (June 25, 1948, ch. 644, Sec. 1, 62 Stat. 673.)
       405
       405  Sec. 6. Credentials of electors; transmission to Archivist 
                of the United States and to Congress; public inspection.
                It shall be the duty of the executive of each State, as 
            soon as practicable after the conclusion of the appointment 
            of the electors in such State by the final ascertainment, 
            under and in pursuance of the laws

[[Page 604]]

            of such State providing for such ascertainment, to 
            communicate by registered mail under the seal of the State 
            to the Archivist of the United States, a certificate of such 
            ascertainment of the electors appointed, setting forth the 
            names of such electors and the canvass or other 
            ascertainment under the laws of such State of the number of 
            votes given or cast for each person for whose appointment 
            any and all votes have been given or cast; and it shall also 
            thereupon be the duty of the executive of each State to 
            deliver to the electors of such State, on or before the day 
            on which they are required by section 7 of this title to 
            meet, six duplicate-originals of the same certificate under 
            the seal of the State; and if there shall have been any 
            final determination in a State in the manner provided for by 
            law of a controversy or contest concerning the appointment 
            of all or any of the electors of such State, it shall be the 
            duty of the executive of such State, as soon as practicable 
            after such determination, to communicate under the seal of 
            the State to the Archivist of the United States, a 
            certificate of such determination in form and manner as the 
            same shall have been made; and the certificate or 
            certificates so received by the Archivist of the United 
            States, shall be preserved by him for one year and shall be 
            a part of the public records of his office and shall be open 
            to public inspection; and the Archivist of the United 
            States, at the first meeting of Congress thereafter shall 
            transmit to the two Houses of Congress copies in full of 
            each and every such certificate so received at the National 
            Archives and Records Administration. (June 25, 1948, ch. 
            644, 62 Stat. 673; Oct. 31, 1951, ch. 655, Sec. 6, 65 Stat. 
            711; Oct. 19, 1984, Pub. L. 98-497, Title I, Sec. 107(e)(1), 
            (2)(A), 98 Stat. 2291.)

       406
       406  Sec. 7. Meeting and vote of electors.
                The electors of President and Vice President of each 
            State shall meet and give their votes on the first Monday 
            after the second Wednesday in December next following their 
            appointment at such place in each State as the legislature 
            of such State shall direct. (June 25, 1948, ch. 644, Sec. 1, 
            62 Stat. 673.)
       407
       407  Sec. 8. Manner of voting.
                The electors shall vote for President and Vice 
            President, respectively, in the manner directed by the 
            Constitution. (June 25, 1948, ch. 644, Sec. 1, 62 Stat. 
            674.)
       408
       408  Sec. 9. Certificates of votes for President and Vice 
                President.
                The electors shall make and sign six certificates of all 
            the votes given by them, each of which certificates shall 
            contain two distinct lists, one of the votes for President 
            and the other of the votes for Vice President, and shall 
            annex to each of the certificates one of the lists of the 
            electors which shall have been furnished to them by 
            direction of the executive of the State. (June 25, 1948, ch. 
            644, Sec. 1, 62 Stat. 674.)
       409
       409  Sec. 10. Sealing and endorsing certificates.
                The electors shall seal up the certificates so made by 
            them, and certify upon each that the lists of all the votes 
            of such States given for President, and of all the votes 
            given for Vice President, are contained therein. (June 25, 
            1948, ch. 644, Sec. 1, 62 Stat. 674.)

[[Page 605]]


       410
       410  Sec. 11. Disposition of certificates.
                The electors shall dispose of the certificates so made 
            by them and the lists attached thereto in the following 
            manner:
                First. They shall forthwith forward by registered mail 
            one of the same to the President of the Senate at the seat 
            of government.
                Second. Two of the same shall be delivered to the 
            secretary of state of the State, one of which shall be held 
            subject to the order of the President of the Senate, the 
            other to be preserved by him for one year and shall be a 
            part of the public records of his office and shall be open 
            to public inspection.
                Third. On the day thereafter they shall forward by 
            registered mail two of such certificates and lists to the 
            Archivist of the United States at the seat of government, 
            one of which shall be held subject to the order of the 
            President of the Senate. The other shall be preserved by the 
            Archivist of the United States for one year and shall be a 
            part of the public records of his office and shall be open 
            to public inspection.
                Fourth. They shall forthwith cause the other of the 
            certificates and lists to be delivered to the judge of the 
            district in which the electors shall have assembled. (Oct. 
            31, 1951, ch. 655, Sec. 7, 65 Stat. 712; Oct. 19, 1984, Pub. 
            L. 98-497, Title I, Sec. 107(e)(1), 98 Stat. 2291.)
       411
       411  Sec. 12. Failure of certificates of electors to reach 
                President of Senate or Archivist of the United States; 
                demand on State for certificate.
                When no certificate of vote and list mentioned in 
            sections 9 and 11 of this title from any State shall have 
            been received by the President of the Senate or by the 
            Archivist of the United States by the fourth Wednesday in 
            December, after the meeting of the electors shall have been 
            held, the President of the Senate or, if he be absent from 
            the seat of government, the Archivist of the United States 
            shall request, by the most expeditious method available, the 
            secretary of state of the State to send up the certificate 
            and list lodged with him by the electors of such State; and 
            it shall be his duty upon receipt of such request 
            immediately to transmit same by registered mail to the 
            President of the Senate at the seat of government. (Oct. 31, 
            1951, ch. 655, Sec. 8, 65 Stat. 712; Oct. 19, 1984, Pub. L. 
            98-497, Title I, Sec. 107(e)(1), (2)(B), 98 Stat. 2291.)
       412
       412  Sec. 13. Same; demand on district judge for certificate.
                When no certificates of votes from any State shall have 
            been received at the seat of government on the fourth 
            Wednesday in December, after the meeting of the electors 
            shall have been held, the President of the Senate or, if he 
            be absent from the seat of government, the Archivist of the 
            United States shall send a special messenger to the district 
            judge in whose custody one certificate of votes from the 
            State has been lodged, and such judge shall forthwith 
            transmit that list by the hand of such messenger to the seat 
            of government. (Oct. 31, 1951, ch. 655, Sec. 9, 65 Stat. 
            712; Oct. 19, 1984, Pub. L. 98-497, Title I, Sec. 107(e)(1), 
            98 Stat. 2291.)
       413
       413  Sec. 14. Forfeiture for messenger's neglect of duty.
                Every person who, having been appointed, pursuant to 
            section 13 of this title, to deliver the certificates of the 
            votes of the electors to the President of the Senate, and 
            having accepted such appointment,

[[Page 606]]

            shall neglect to perform the services required from him, 
            shall forfeit the sum of $1,000.  (June 25, 1948, ch. 644, 
            Sec. 1, 62 Stat. 675.)
       414
       414  Sec. 15. Counting electoral votes in Congress.
                Congress shall be in session on the sixth day of January 
            succeeding every meeting of the electors. The Senate and 
            House of Representatives shall meet in the Hall of the House 
            of Representatives at the hour of 1 o'clock in the afternoon 
            on that day, and the President of the Senate shall be their 
            presiding officer. Two tellers shall be previously appointed 
            on the part of the Senate and two on the part of the House 
            of Representatives, to whom shall be handed, as they are 
            opened by the President of the Senate, all the certificates 
            and papers purporting to be certificates of the electoral 
            votes, which certificates and papers shall be opened, 
            presented, and acted upon in the alphabetical order of the 
            States, beginning with the letter A; and said tellers, 
            having then read the same in the presence and hearing of the 
            two Houses, shall make a list of the votes as they shall 
            appear from the said certificates; and the votes having been 
            ascertained and counted according to the rules in this 
            subchapter provided, the result of the same shall be 
            delivered to the President of the Senate, who shall 
            thereupon announce the state of the vote, which announcement 
            shall be deemed a sufficient declaration of the persons, if 
            any, elected President and Vice President of the United 
            States, and, together with a list of the votes, be entered 
            on the Journals of the two Houses. Upon such reading of any 
            such certificate or paper, the President of the Senate shall 
            call for objections, if any. Every objection shall be made 
            in writing, and shall state clearly and concisely, and 
            without argument, the ground thereof, and shall be signed by 
            at least one Senator and one Member of the House of 
            Representatives before the same shall be received. When all 
            objections so made to any vote or paper from a State shall 
            have been received and read, the Senate shall thereupon 
            withdraw, and such objections shall be submitted to the 
            Senate for its decision; and the Speaker of the House of 
            Representatives shall, in like manner, submit such 
            objections to the House of Representatives for its decision; 
            and no electoral vote or votes from any State which shall 
            have been regularly given by electors whose appointment has 
            been lawfully certified to according to section 6 of this 
            title from which but one return has been received shall be 
            rejected, but the two Houses concurrently may reject the 
            vote or votes when they agree that such vote or votes have 
            not been so regularly given by electors whose appointment 
            has been so certified. If more than one return or paper 
            purporting to be a return from a State shall have been 
            received by the President of the Senate, those votes, and 
            those only, shall be counted which shall have been regularly 
            given by the electors who are shown by the determination 
            mentioned in section 5 of this title to have been appointed, 
            if the determination in said section provided for shall have 
            been made, or by such successors or substitutes, in case of 
            a vacancy in the board of electors so ascertained, as have 
            been appointed to fill such vacancy in the mode provided by 
            the laws of the State; but in case there shall arise the 
            question which of two or more of such State authorities 
            determining what electors have been appointed, as mentioned 
            in section 5 of this title, is the lawful tribunal of such 
            State, the votes regularly given of those electors, and 
            those only, of such State shall be counted whose title as 
            electors the two Houses, acting separately, shall 
            concurrently

[[Page 607]]

            decide is supported by the decision of such State so 
            authorized by its law; and in such case of more than one 
            return or paper purporting to be a return from a State, if 
            there shall have been no such determination of the question 
            in the State aforesaid, then those votes, and those only, 
            shall be counted which the two Houses shall concurrently 
            decide were cast by lawful electors appointed in accordance 
            with the laws of the State, unless the two Houses, acting 
            separately, shall concurrently decide such votes not to be 
            the lawful votes of the legally appointed electors of such 
            State. But if the two Houses shall disagree in respect of 
            the counting of such votes, then, and in that case, the 
            votes of the electors whose appointment shall have been 
            certified by the executive of the State, under the seal 
            thereof, shall be counted. When the two Houses have voted, 
            they shall immediately again meet, and the presiding officer 
            shall then announce the decision of the questions submitted. 
            No votes or papers from any other State shall be acted upon 
            until the objections previously made to the votes or papers 
            from any State shall have been finally disposed of.  (June 
            25, 1948, ch. 644, Sec. 1, 62 Stat. 675.)
       415
       415  Sec. 16. Same; seats for officers and Members of two Houses 
                in joint meeting.
                At such joint meeting of the two Houses seats shall be 
            provided as follows: For the President of the Senate, the 
            Speaker's chair; for the Speaker, immediately upon his left; 
            the Senators, in the body of the Hall upon the right of the 
            presiding officer; for the Representatives, in the body of 
            the Hall not provided for the Senators; for the tellers, 
            Secretary of the Senate, and Clerk of the House of 
            Representatives, at the Clerk's desk; for the other officers 
            of the two Houses, in front of the Clerk's desk and upon 
            each side of the Speaker's platform. Such joint meeting 
            shall not be dissolved until the count of electoral votes 
            shall be completed and the result declared; and no recess 
            shall be taken unless a question shall have arisen in regard 
            to counting any such votes, or otherwise under this 
            subchapter, in which case it shall be competent for either 
            House, acting separately, in the manner hereinbefore 
            provided, to direct a recess of such House not beyond the 
            next calendar day, Sunday excepted, at the hour of 10 
            o'clock in the forenoon. But if the counting of the 
            electoral votes and the declaration of the result shall not 
            have been completed before the fifth calendar day next after 
            such first meeting of the two Houses, no further or other 
            recess shall be taken by either House.  (June 25, 1948, ch. 
            644, Sec. 1, 62 Stat. 676.)
       416
       416  Sec. 17. Same; limit of debate in each House.
                When the two Houses separate to decide upon an objection 
            that may have been made to the counting of any electoral 
            vote or votes from any State, or other question arising in 
            the matter, each Senator and Representative may speak to 
            such objection or question five minutes, and not more than 
            once; but after such debate shall have lasted two hours it 
            shall be the duty of the presiding officer of each House to 
            put the main question without further debate.  (June 25, 
            1948, ch. 644, Sec. 1, 62 Stat. 676.)

[[Page 608]]


       417
       417  Sec. 18. Same; parliamentary procedure at joint meeting.
                While the two Houses shall be in meeting as provided in 
            this chapter, the President of the Senate shall have power 
            to preserve order; and no debate shall be allowed and no 
            question shall be put by the presiding officer except to 
            either House on a motion to withdraw.  (Sept. 3, 1954, ch. 
            1263, Sec. 3, 68 Stat. 1227.)
       418
       418  Sec. 19. Vacancy in offices of both President and Vice 
                President; officers eligible to act.

  

     418.1
     418.1      (a)(1) If, by reason of death, resignation, removal from 
            office, inability, or failure to qualify, there is neither a 
            President nor Vice President to discharge the powers and 
            duties of the office of President, then the Speaker of the 
            House of Representatives shall, upon his resignation as 
            Speaker and as Representative in Congress, act as President.
                (2) The same rule shall apply in the case of the death, 
            resignation, removal from office, or inability of an 
            individual acting as President under this subsection.
     418.2
     418.2      (b) If, at the time when under subsection (a) of this 
            section a Speaker is to begin the discharge of the powers 
            and duties of the office of President, there is no Speaker, 
            or the Speaker fails to qualify as Acting President, then 
            the President pro tempore of the Senate shall, upon his 
            resignation as President pro tempore and as Senator, act as 
            President.
     418.3
     418.3      (c) An individual acting as President under subsection 
            (a) or subsection (b) of this section shall continue to act 
            until the expiration of the then current Presidential term, 
            except that--
                            (1) if his discharge of the powers and 
                        duties of the office is founded in whole or in 
                        part on the failure of both the President-elect 
                        and the Vice-President-elect to qualify, then he 
                        shall act only until a President or Vice 
                        President qualifies; and
                            (2) if his discharge of the powers and 
                        duties of the office is founded in whole or in 
                        part on the inability of the President or Vice 
                        President, then he shall act only until the 
                        removal of the disability of one of such 
                        individuals.
     418.4
     418.4      (d)(1) If, by reason of death, resignation, removal from 
            office, inability, or failure to qualify, there is no 
            President pro tempore to act as President under subsection 
            (b) of this section, then the officer of the United States 
            who is highest on the following list, and who is not under 
            disability to discharge the powers and duties of the office 
            of President shall act as President: Secretary of State, 
            Secretary of the Treasury, Secretary of Defense, Attorney 
            General, Secretary of the Interior, Secretary of 
            Agriculture, Secretary of Commerce, Secretary of Labor, 
            Secretary of Health and Human Services, Secretary of Housing 
            and Urban Development, Secretary of Transportation, 
            Secretary of Energy, Secretary of Education, Secretary of 
            Veterans' Affairs.
                (2) An individual acting as President under this 
            subsection shall continue to do so until the expiration of 
            the then current Presidential term, but not after a 
            qualified and prior-entitled individual is able to act, 
            except that the removal of the disability of an individual 
            higher on the list contained in paragraph (1) of this 
            subsection or the ability to qualify on the part of an 
            individual higher on such list shall not terminate his 
            service.

[[Page 609]]

                (3) The taking of the oath of office by an individual 
            specified in the list in paragraph (1) of this subsection 
            shall be held to constitute his resignation from the office 
            by virtue of the holding of which he qualifies to act as 
            President.
     418.5
     418.5      (e) Subsections (a), (b), and (d) of this section shall 
            apply only to such officers as are eligible to the office of 
            President under the Constitution. Subsection (d) of this 
            section shall apply only to officers appointed, by and with 
            the advice and consent of the Senate, prior to the time of 
            the death, resignation, removal from office, inability, or 
            failure to qualify, of the President pro tempore, and only 
            to officers not under impeachment by the House of 
            Representatives at the time the powers and duties of the 
            office of President devolve upon them.
     418.6
     418.6      (f) During the period that any individual acts as 
            President under this section, his compensation shall be at 
            the rate then provided by law in the case of the President.  
            (June 25, 1948, ch. 644, Sec. 1, 62 Stat. 677; Sept. 9, 
            1965, Pub. L. 89-174, Sec. 6(a), 79 Stat. 669; Oct. 15, 
            1966, Pub. L. 89-670, Sec. 10(a), 80 Stat. 948; Aug. 12, 
            1970, Pub. L. 91-375, Sec. 6(b), 84 Stat. 775; Aug. 4, 1977, 
            Pub. L. 95-91, Title VII, Sec. 709(g), 91 Stat. 609; Oct. 
            17, 1979, Pub. L. 96-88, Title V, Sec. 508(a), 93 Stat. 692; 
            Oct. 25, 1988, Pub. L. 100-527, Sec. 13(a), 102 Stat. 2643.)
       419
       419  Sec. 20. Resignation or refusal of office.
                The only evidence of a refusal to accept, or of a 
            resignation of the office of President or Vice President, 
            shall be an instrument in writing, declaring the same, and 
            subscribed by the person refusing to accept or resigning, as 
            the case may be, and delivered into the office of the 
            Secretary of State.  (June 25, 1948, ch. 644, Sec. 1, 62 
            Stat. 678.)
     419.1
     419.1  Sec. 21. Definitions.
                As used in this chapter the term--
                            (a) ``State'' includes the District of 
                        Columbia.
                            (b) ``executives of each State'' includes 
                        the Board of Commissioners of the District of 
                        Columbia. (Oct. 4, 1961, Pub. L. 87-389, 
                        Sec. 2(a), 75 Stat. 820.)

            
                  Chapter 2.--OFFICE AND COMPENSATION OF PRESIDENT

       420
       420  Sec. 101. Commencement of term of office.
                The term of four years for which a President and Vice 
            President shall be elected, shall, in all cases, commence on 
            the 20th day of January next succeeding the day on which the 
            votes of the electors have been given. (June 25, 1948, ch. 
            644, Sec. 1, 62 Stat. 678.)
       421
       421  Sec. 104. Salary of the Vice President.
                (a) The per annum rate of salary of the Vice President 
            of the United States shall be the rate determined for such 
            position under chapter 11 of title 2, as adjusted under this 
            section. Subject to subsection (b), effective at the 
            beginning of the first month in which an adjustment takes 
            effect under section 5303 of title 5 in the rates of pay 
            under the General Schedule, the salary of the Vice President 
            shall be adjusted by an amount, rounded to the nearest 
            multiple of $100 (or if midway between multiples of $100, to 
            the nearest higher multiple of $100), equal to the 
            percentage of such per annum rate which corresponds to

[[Page 610]]

            the most recent percentage change in the ECI (relative to 
            the date described in the next sentence), as determined 
            under section 704(a)(1) of the Ethics Reform Act of 1989. 
            The appropriate date under this sentence is the first day of 
            the fiscal year in which such adjustment in the rates of pay 
            under the General Schedule takes effect.
                (b) In no event shall the percentage adjustment taking 
            effect under the second and third sentences of subsection 
            (a) in any calendar year (before rounding) exceed the 
            percentage adjustment taking effect in such calendar year 
            under section 5303 of title 5 in the rates of pay under the 
            General Schedule. (June 25, 1948, ch. 644, 62 Stat. 678; 
            Jan. 19, 1949, ch. 2, Sec. 1(b), 63 Stat. 4; Mar. 2, 1955, 
            ch. 9, Sec. 4(c), 69 Stat. 11; Pub. L. 88-426, Title III, 
            Sec. 304(a), Aug. 14, 1964, 78 Stat. 422; Pub. L. 91-67, 
            Sec. 1, Sept. 15, 1969, 83 Stat. 106; Pub. L. 94-82, Title 
            II, Sec. 203, Aug. 9, 1975, 89 Stat. 420; Pub. L. 97-257, 
            Title I, Sec. 105(b), Sept. 10, 1982, 96 Stat. 849; Pub. L. 
            101-194, Title VII, Sec. 704(a)(2)(A), Nov. 30, 1989, 103 
            Stat. 1769; Pub. L. 101-509, Title V, Sec. 529 (Title I, 
            Sec. 101(b)(4)(I)), Nov. 5, 1990, 104 Stat. 1427, 1440; Pub. 
            L. 103-356, Title I, Sec. 101(2), Oct. 13, 1994, 108 Stat. 
            3410.)
       422
       422  Sec. 111. Expense allowance of Vice President.
                There shall be paid to the Vice President in equal 
            monthly installments an expense allowance of $10,000 per 
            annum to assist in defraying expenses relating to or 
            resulting from the discharge of his official duties, for 
            which no accounting, other than for income tax purposes, 
            shall be made by him. (Jan. 19, 1949 ch. 2, Sec. 1(c), 63 
            Stat. 4; Oct. 20, 1951, ch. 521, Sec. 619(b), 65 Stat. 570.)