Amendment 23 of 27 · 1961
Twenty-third Amendment
D.C. votes for President
The one-line version
People who live in Washington, D.C., can vote for President. D.C. gets 3 electoral votes, the same as the smallest states.
The Twenty-third Amendment in plain English
Section 1. Washington, D.C. — the seat of the federal government — appoints presidential electors. The number of D.C. electors equals what D.C. would have if it were a state, but never more than the least populous state has. These D.C. electors are in addition to those appointed by states and they participate in the presidential election under the same rules as state electors.
Section 2. Congress has the power to enforce this amendment by passing appropriate laws.
Original text, 1961
Section 1. The District constituting the seat of Government of the United States shall appoint in such manner as the Congress may direct:
A number of electors of President and Vice President equal to the whole number of Senators and Representatives in Congress to which the District would be entitled if it were a State, but in no event more than the least populous State; they shall be in addition to those appointed by the States, but they shall be considered, for the purposes of the election of President and Vice President, to be electors appointed by a State; and they shall meet in the District and perform such duties as provided by the twelfth article of amendment.
Section 2. The Congress shall have power to enforce this article by appropriate legislation.
Phrase by phrase
The District constituting the seat of Government of the United States
- Washington, D.C., the nation's capital,
equal to the whole number of Senators and Representatives in Congress to which the District would be entitled if it were a State
- gets as many electoral votes as it would have if it were a state,
but in no event more than the least populous State
- but never more than the state with the fewest people. Today that means 3.
Picture it
Example. Not legal advice.
You move to Washington, D.C., for college or a first job and register to vote there. You can vote for President, and D.C.'s 3 electoral votes count like any state's. But D.C. has no senators. It elects one delegate to the House, who can speak and work on committees but cannot vote to pass laws.
Myth check
MythPeople in D.C. cannot vote in federal elections.
FactSince 1964, they have voted for President. They also elect a House delegate who cannot vote to pass laws.
MythD.C. has two senators, like a state.
FactD.C. has no senators. This amendment covers only presidential elections.
Common questions
What does the 23rd Amendment say in simple terms?
People who live in Washington, D.C., can vote for President and Vice President. D.C. gets as many electoral votes as it would if it were a state, but never more than the smallest state. Today that is 3.
How many electoral votes does Washington, D.C., have?
Three. The 23rd Amendment gives D.C. no more electoral votes than the least populous state, which has 3. D.C. voters first voted for President in 1964.
Does D.C. have senators or a vote in Congress?
No. D.C. has no senators. It elects one delegate to the House, who can speak and work on committees but cannot vote to pass laws. The 23rd Amendment covers only presidential elections.
Why couldn't D.C. vote for president before 1961?
The original Constitution gave electoral votes only to states. Washington, D.C., is not part of any state. The 23rd Amendment, ratified on March 29, 1961, gave D.C. electoral votes.
Go deeper
The scene · 1961
Washington, D.C., is not part of any state. Under the original Constitution, only states had electoral votes, so people living in D.C. could not vote for President. By 1960, more people lived in D.C. than in several states. The Twenty-Third Amendment was ratified in 1961, and D.C. voters first voted for President in 1964.
Back then
The Constitution created a federal district for the capital so no single state would control it. When it was written, few people lived there. By the 1950s, hundreds of thousands of U.S. citizens in D.C. could not vote for President. Congress proposed the amendment in 1960.
More history and context
The Twenty-Third Amendment was ratified on March 29, 1961. It gave people living in Washington, D.C., the right to vote for President and Vice President for the first time. Before this, D.C. residents could not vote for President, because the original Constitution gave electoral votes only to states.
The amendment limits D.C. to no more electoral votes than the least populous state. Today that number is 3.
The amendment did not give D.C. voting members of Congress. D.C. elects one delegate to the House who cannot vote to pass laws, and it has no senators. Statehood for D.C. and other forms of voting representation have been proposed many times but not passed.
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