12th Amendment

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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]