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._
Voting of the Electors.--The formal election of President takes
place on the second Monday in January, when the electors meet at their
various State capitals and cast their votes. Separate ballots are given
for Vice-President. Three separate sealed lists of the results are then
prepared. Two of these are sent to the President of the Senate, one by
mail and the other by special messenger. The third is deposited with the
United States district judge of the district in which the electors meet.
On the second Wednesday in February the votes are opened by the
President of the Senate, in the presence of the Senate and House of
Representatives, and counted. That person having a majority of the
electoral votes case for President is declared to be duly elected. The
one who has a majority of the electoral votes cast for Vice-President is
also elected to that office.
Election of President by the House of Representatives.--In
case no Presidential candidate receives a majority of the electoral
votes, the election goes to the House of Representatives, as is
provided in the amendment we are considering. Here the three
candidates having the highest number of votes are alone considered.
The voting is by States. In 1825 John Quincy Adams was elected
President in this way. He had fewer popular and fewer electoral
votes than Andrew Jackson, but he received the votes of thirteen
out of twenty-four States in the House.
Choice of Vice-President by the Senate.--The Senate is called
on to select the Vice-President in case no candidate has received a
majority of the electoral votes. The two candidates having the
highest number of votes are considered. The only instance of the
election of a Vice-President in this way occurred in 1837.
Disputed Returns, Election of 1876.--Disputes have arisen,
from ti
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