--- title: U.S. Const. Amend. XII. Election of President and Vice-President collection: code id: us-const:amend-xii cite_as: U.S. Const. Amend. XII canonical_url: https://georgiacommons.org/constitution/us/amend-xii md_url: https://georgiacommons.org/constitution/us/amend-xii.md text_url: https://georgiacommons.org/constitution/us/amend-xii/text source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/1us-const-(v1)-2025-pdf.pdf?sfvrsn=328b75b8_0#page=1136 date: 2025 status: active corpus_version: 2025-supplement-89aa39ab3c68 license: CC0-1.0 publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice. up: https://georgiacommons.org/constitution/us/index.md previous: https://georgiacommons.org/constitution/us/amend-xi.md next: https://georgiacommons.org/constitution/us/amend-xiii.md index: https://georgiacommons.org/code/index.md version: the only printed version in_force: true heading_path: AMENDMENTS TO THE CONSTITUTION / Amendments --- # U.S. Const. Amend. XII. Election of President and Vice-President A constitution provision shown as in force is in force as printed in the volume. A court decision can make a printed provision unenforceable without changing the volume, and the volume does not record that. The Electors shall meet in their respective states and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same state with themselves; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice-President, and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice-President, and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate; — The President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates and the votes shall then be counted; — The person having the greatest number of votes for President, shall be the President, if such number be a majority of the whole number of Electors appointed; and if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President. But in choosing the President, the votes shall be taken by states, the representation from each state having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice. And if the House of Representatives shall not choose a President whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice-President shall act as President, as in the case of the death or other constitutional disability of the President. — The person having the greatest number of votes as Vice-President, shall be the Vice-President, if such number be a majority of the whole number of Electors appointed, and if no person have a majority, then from the two highest numbers on the list, the Senate shall choose the Vice-President; a quorum for the purpose shall consist of two-thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States. ## Cross References Selection and duties of presidential electors, § 21-2-10 et seq. ## Editor's Notes U.S. Const., amend. 12 supersedes U.S. Const., art. II, sec. I, cl. 3. The sentence in U.S. Const., amend. 12 providing that the Vice-President shall act as President when the House of Representatives does not choose a President or in case of death or disability of the President has, in turn, been superseded by U.S. Const., amend. 20 and 25. ## Law Reviews For comment criticizing Ray v. Blair, 343 U.S. 154, 72 S. Ct. 654, 69 L. Ed. 551 (1952), upholding constitutionality of state party requirement that candidates for presidential electors pledge allegiance to the party, see 4 Mercer L. Rev. 210 (1952). ## Applicability to State Electoral College. Inclusion of the electoral college in the Constitution validated the collegiate principle despite its inherent numerical inequality, but implied nothing about the use of an analogous system by a state in a statewide election. Gray v. Sanders, 372 U.S. 368, 83 S. Ct. 801, 9 L. Ed. 2d 821, 1963 U.S. LEXIS 1944 (1963). ## Am. Jur. 2d. 26 Am. Jur. 2d, Elections, § 203. 77 Am. Jur. 2d, United States, § 17. ## Alr. Presidential and vice-presidential electors, 153 A.L.R. 1066.