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The Twelfth Amendment requires the Senate to choose between the candidates with the "two highest numbers" of electoral votes. If multiple individuals are tied for second place, the Senate may consider them all. The Twelfth Amendment introduced a quorum requirement of two-thirds of the whole number of senators for the conduct of balloting.
The Twelfth Amendment requires a "majority of the whole number" of senators (currently 51 out of 100) to elect the vice president in a contingent election. In practical terms, this means that an absence or an abstention from voting is tantamount to a negative vote and could impair the election of either candidate. [7]
It significantly expands upon the Twelfth Amendment, which states only that "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." [19] This central section of the Electoral Count Act has been significantly criticized.
The first ten amendments were ratified in December 1791. The Eleventh Amendment was ratified in 1795 and the Twelfth in 1804. Amendment XII is about the election of president and vice president (VP).
The only amendment to be ratified through this method thus far is the Twenty-first Amendment in 1933. That amendment is also the only one that explicitly repeals an earlier one, the Eighteenth Amendment (ratified in 1919), establishing the prohibition of alcohol. [4] Congress has also enacted statutes governing the constitutional amendment process.
The Amendment outlines how presidential electors in the electoral college cast ballots for the presidential ticket. A Harris-Newsom presidential ticket? There’s one big legal hurdle: The 12th ...
Presidential elections were held in the United States from November 4 to December 7, 1796, when electors throughout the United States cast their ballots. It was the first contested American presidential election, the first presidential election in which political parties played a dominant role, and the only presidential election in which a president and vice president were elected from ...
There’s just one problem for a potential Vice President Newsom: the 12th Amendment. The amendment outlines how presidential electors in the Electoral College cast ballots for the presidential ...