Amendment 12 of 27 · 1804
Twelfth Amendment
Electing the President
The one-line version
Electors cast separate votes for President and Vice President. If no one wins a majority, Congress makes the choice.
The Twelfth Amendment in plain English
Presidential electors meet in their states and vote by separate ballots — one for President, one for Vice President. At least one of the two people they vote for must not be from the same state as the elector. The electors sign and certify their ballots, then send them sealed to the President of the Senate in Washington.
The President of the Senate opens the certificates in front of both houses of Congress, and the votes are counted. The candidate with a majority of electoral votes for President becomes President. If no candidate has a majority, the House of Representatives chooses from the top three candidates, with each state delegation having one vote. A majority of states is needed to choose.
The same rules apply for Vice President, except that if no candidate has a majority, the Senate chooses from the top two candidates. A majority of senators is needed to choose. No person who is constitutionally ineligible to be President can be Vice President.
Original text, 1804
The Electors shall meet in their respective states and vote 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 lists 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, 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 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.
Phrase by phrase
vote by ballot for President and Vice-President
- Electors vote for both offices.
one of whom, at least, shall not be an inhabitant of the same state with themselves
- At least one of the two people an elector votes for must live in a different state from the elector.
in distinct ballots the person voted for as Vice-President
- The vote for Vice President is separate from the vote for President.
transmit sealed to the seat of the government of the United States, directed to the President of the Senate
- The results are sealed and sent to Washington, D.C., to the Vice President, who leads the Senate.
if such number be a majority of the whole number of Electors appointed
- To win, a candidate needs more than half of all electors. Today that is 270 of 538.
the votes shall be taken by states, the representation from each state having one vote
- If the House chooses the President, each state's House members share one vote.
the Senate shall choose the Vice-President
- If no one wins a majority for Vice President, the Senate chooses.
But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States.
- Someone who cannot legally be President cannot be Vice President.
Picture it
Example. Not legal advice.
Imagine a close election with three strong candidates, and no one gets 270 electoral votes. The newly elected House then picks the President from the top three. Your state's House members get one vote together, the same as every other state. This last happened in 1825, when the House chose John Quincy Adams.
Myth check
MythThe candidate with the most votes from people always wins.
FactThe President is chosen by electoral votes. A candidate can win the most votes nationwide and still lose, which happened in 2000 and 2016.
MythIf no one wins, the Supreme Court picks the President.
FactThe Twelfth Amendment gives that job to the House for President and to the Senate for Vice President.
Common questions
What does the 12th Amendment say in simple terms?
It means electors cast one vote for President and a separate vote for Vice President. If no candidate wins a majority of electoral votes, the House picks the President and the Senate picks the Vice President.
What happens if no one gets 270 electoral votes?
The House of Representatives chooses the President from the top three candidates. Each state delegation gets one vote, and the winner needs a majority of the states. The Senate chooses the Vice President from the top two candidates.
Can electors vote for someone other than who won the state?
It depends on state law. In Chiafalo v. Washington (2020), the Supreme Court held that a state can require electors to vote for the winner of the state's popular vote. Many states have such laws, but not all do.
Why was the 12th Amendment created?
Because the 1800 election ended in a tie. Under the original rules, each elector cast two votes for President. Thomas Jefferson and his running mate, Aaron Burr, tied, and the House needed 36 ballots to choose Jefferson. The 12th Amendment, ratified in 1804, separated the two votes.
Go deeper
The scene · 1804
In the election of 1800, every elector cast two votes, with no way to say which vote was for President. Thomas Jefferson and his running mate, Aaron Burr, tied. The House of Representatives needed 36 rounds of voting to choose Jefferson. The Twelfth Amendment, ratified in 1804, was written so that would not happen again.
Back then
The original Constitution gave each elector two votes for President. The top vote-getter became President, and the runner-up became Vice President. In 1796, that produced a President and Vice President from rival parties. In 1800, it produced a tie between two running mates.
Words that changed
- “Electors”
ThenPeople chosen to cast a state's votes for President.
NowSame today. When you vote for a presidential candidate, you are really choosing that candidate's electors.
- “President of the Senate”
ThenThe Vice President, who leads the Senate.
NowStill the Vice President. The Vice President opens the electoral votes in front of Congress, even when they are a candidate.
Key cases
- 1952
Ray v. Blair
A political party can require people who want to be its electors to pledge to support the party's candidate.
- 2020
Chiafalo v. Washington
A state can require its electors to vote for the candidate who won the state's popular vote.
More history and context
The Twelfth Amendment was ratified on June 15, 1804. It replaced the original election process in Article II, Section 1. Under the old system, each elector cast two votes for President, and the runner-up became Vice President.
That system produced a President and Vice President from rival parties in 1796. In 1800, it produced a tie between Thomas Jefferson and his running mate, Aaron Burr. The House needed 36 ballots to choose Jefferson. The Twelfth Amendment fixed both problems by separating the votes for President and Vice President.
The amendment still sets the basic process for every presidential election. The Twentieth Amendment later changed the dates when terms begin. The Twenty-Third Amendment gave Washington, D.C., electors.
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