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12th Amendment


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Images 1-5]

Text of 12th Amendment to the U.S. Constitution

State of New Jersey


An Act to ratify an Amendment of the Constitution of the United States.


Be it enacted by the Council and General Assembly of this State, and it is hereby enacted by the authority of the same, That the amendment to the Constitution of the United States, proposed at the first session of the Eighth Congress, by a Resolution of the Senate and House of Representatives of the United States, in Congress assembled, to the several State Legislatures, be, and the same is hereby, upon the part of this Legislature, ratified and made a part of the Constitution of the United States; which amendment is in the following words, to wit:

The Electors shall meet in their respective States, and vote [pg. 1]


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 list 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 [pg. 2]

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 [pg. 3]


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.”

Council chamber,
February 18th 1804
This bill having been three times read in this house,
Resolved, that the same do pass.
By order of Council.
Joseph Bloomfield, President

House of Assembly,
February 22, 1804
This bill having been three times read in this House,
Resolved, that the same do pass.
By order of the House,
James Cox, Speaker [pg. 4]


An Act to ratify an Amendment of the Constitution of the United States.

Council chamber,
February 18th 1804.
This bill having been three times read in this house, is passed.
John Beatty
House of Assembly,
February 22, 1804.
This bill having been three times read in this House, is passed.
James J. Wilson [pg. 5]