[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.)