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Twelfth Amendment

Resources to help you get started with Twelfth Amendment research.

Introduction

The 12th Amendment to the U.S. Constitution outlines the process for electing the President and Vice President. Here's a simple breakdown:

  1. Electors' Meeting: Electors from each state meet and vote separately for President and Vice President.
  2. Vote Certification: They create separate lists of all the candidates who received votes for each office and the number of votes each candidate received.
  3. Sending Votes: These lists are sent to the President of the Senate.
  4. Counting Votes: The President of the Senate opens all the votes in front of the Senate and House of Representatives, and the votes are counted.
  5. Determining the President:
    • The candidate with the majority of electoral votes becomes President.
    • If no one has a majority, the House of Representatives chooses the President from the top three candidates. Each state delegation gets one vote, and a majority of states is needed to win.
  6. Determining the Vice President:
    • The candidate with the majority of electoral votes becomes Vice President.
    • If no one has a majority, the Senate chooses the Vice President from the top two candidates. A majority of the whole Senate is needed to win.
  7. Eligibility: The Vice President must meet the same eligibility requirements as the President.