[United States Senate Manual, 104th Congress]
[S. Doc. 104-1]
[USCODETITLE]
[Pages 582-589]
[From the U.S. Government Publishing Office, www.gpo.gov]
[[Page 582]]
TITLE 3.--THE PRESIDENT
Chapter 1.--PRESIDENTIAL ELECTIONS AND VACANCIES
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 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 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 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 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 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
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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, c. 644,
62 Stat. 673; Oct. 31, 1951, c. 655, Sec. 6, 65 Stat. 711;
Oct. 19, 1984, Pub. L. 98-497, Title I, Sec. 107(e)(1),
(e)(2)(A), 98 Stat. 2291.)
(June 25, 1948, c. 644, 62 Stat. 673; (Oct. 31, 1951, c.
655, Sec. 6, 65 Stat. 711; Oct. 19, 1984, Pub. L. 98-497,
Title I Sec. 107(e)(1), (e)(2)(A), 98 Stat. 2291.
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 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 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 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 Presi-
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dent, and of all the votes given for Vice President, are
contained therein. (June 25, 1948, ch. 644, Sec. 1, 62 Stat.
674.)
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,
Title I, Sec. 107(e)(1), 98 Stat. 2291.)
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, Title I,
Sec. 107(e)(1), (e)(2)(B), 98 Stat. 2291.)
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, Title I, Sec. 107(e)(1), 98 Stat. 2291.)
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,
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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 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.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 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
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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 question 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 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 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.)
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
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officer except to either House on a motion to withdraw.
(Sept. 3, 1954, ch. 1263, Sec. 3, 68 Stat. 1227.)
418 Sec. 19. Vacancy in offices of both President and Vice
President; officers eligible to act.
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 (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 (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 (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.
(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.
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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 (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 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 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 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 Sec. 104. Salary of the Vice President.
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. 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 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. (June
25, 1948, c. 644, Sec. 1, 62 Stat. 672, amended
[[Page 589]]
Jan. 19, 1949, c. 2, Sec. 1(b), 63 Stat. 4; Mar. 2, 1955, c.
9, Sec. 4(c), 69 Stat. 11; Aug. 14, 1964, Pub. L. 88-426,
Title III, Sec. 304(a), 78 Stat. 422; Sept. 15, 1969, Pub.
L. 91-67, Sec. 1, 83 Stat. 106; Aug. 9, 1975, Pub. L. 94-82,
Title II, Sec. 203, 89 Stat. 420; Sept. 10, 1982, Pub. L.
97-257, Title I, Sec. 105(b), 96 Stat. 849; Nov. 30, 1989,
Pub. L. 101-194, Title VII, Sec. 704(a)(2)(A), 103 Stat.
1769; Nov. 5. 1990, Pub. L. 101-509, Title V, Sec. 529
[Title I, 101(b)(4)(I)], 104 Stat. 1440.)
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, Sec. 1(c), 63 Stat. 4;
Oct. 20, 1951, ch. 521, Sec. 619(b), 65 Stat. 570.)
Official Temporary Residence of the Vice President
Pub. L. 93-346, July 12, 1974, 88 Stat. 340, as amended
by Pub. L. 93-552, Title VI, Sec. 609(a), Dec. 27, 1974, 88
Stat. 1764, provided:
``That effective July 1, 1974, the Government-owned
house together with furnishings, associated grounds
(consisting of twelve acres, more or less), and related
facilities which have heretofore been used as the residence
of the Chief of Naval Operations, Department of the Navy,
shall, on and after such date be available for, and are
hereby designated as, the temporary official residence of
the Vice President of the United States.
``Sec. 2. The temporary official residence of the Vice
President shall be adequately staffed and provided with such
appropriate equipment, furnishings, dining facilities,
services, and other provisions as may be required, under the
supervision and direction of the Vice President, to enable
him to perform and discharge appropriately the duties,
functions, and obligations associated with his high office.
``Sec. 3. The Secretary of the Navy shall, subject to
the supervision and control of the Vice President, provide
for the military staffing and the care and maintenance of
the grounds of the temporary official residence of the Vice
President and, subject to reimbursement therefor out of
funds appropriated for such purposes, provide for the
civilian staffing, care, maintenance, repair, improvement,
alteration, and furnishing of such residence.
``Sec. 4. There is hereby authorized to be appropriated
such sums as may be necessary from time to time to carry out
the foregoing provisions of this joint resolution. During
any interim period until and before any such funds are so
appropriated, the Secretary of the Navy shall make provision
for staffing and other appropriate services in connection
with the temporary official residence of the Vice President
from funds available to the Department of the Navy, subject
to reimbursement therefor from funds subsequently
appropriated to carry out the purposes of this joint
resolution.
``Sec. 5. After the date on which the Vice President
moves into the temporary official residence provided for in
this joint resolution no funds may be expended for the
maintenance, care, repair, furnishing, or security of any
residence for the Vice President other than the temporary
official residence provided for in this joint resolution
unless the expenditure of such funds is specifically
authorized by law enacted after such date.
``Sec. 6. The Secretary of the Navy is authorized and
directed, with the approval of the Vice President, to accept
donations of money or property for the furnishing of or
making improvements in or about the temporary official
residence of the Vice President, all such donations to
become the property of the United States and to be accounted
for as such.
``Sec. 7. [Amended section 202 of this title].
``Sec. 8. [Amended section 3056(a) of title 18].
``Sec. 9. It is the sense of Congress that living
accommodations, generally equivalent to those available to
the highest ranking officer on active duty in each of the
other military services, should be provided for the Chief of
Naval Operations.''