Historical note: This amendment provides for the direct election of the President and Vice-President, running as a ticket. Section 3 provides for a first round election, which would be won by the ticket receiving the highest percentage over 40%. If there was no 40% ticket, the amendement provides for a runoff between the two top tickets. Section 5 gives Congress the power to set a process for dealing with the death or disability of Presidential candidates and the President-elect. This amendement was introduced into the Senate, but failed to received the necessary 2/3 vote in the Senate to move it toward passage. The amendment was supported by groups such as the American Bar Association, the League of Women Voters, Common Cause, the Chamber of Commerce of the United States, and the AFL-CIO.
SECTION 1. The people of the several States and the District constituting the seat of government of the United States shall elect the President and Vice President. Each elector shall cast a single vote for two persons who shall have consented to the joining of their names as candidates for the offices of President and Vice President. No candidate shall consent to the joinder of his name with that of more than one other person.
SECTION 2. The electors of President and Vice President in each State shall have qualifications requisite for electors of the most numerous branch of the State legislature, except that for electors of President and Vice President the legislature of any State may prescribe less restrictive residence qualifications and for electors of President and Vice President the Congress may establish uniform residence qualifications.
SECTION 3. The Persons joined as candidates for President and Vice President having the greatest number of votes shall be elected President and Vice President, if such number be at least 40 per centum of the whole number of votes cast.
If, after any such election, none of the persons joined as candidates for President and Vice President is elected pursuant to the preceding paragraph, a runoff election shall be held in which the choice of President and Vice President shall be made from the two pairs of persons joined as candidates for President and Vice President who received the highest numbers of votes cast in the elections. The pair of persons joined as candidates for President and Vice President receiving the greatest number of votes in such runoff election whall be elected President and Vice President.
SECTION 4. The times, places, and manner of holding such elections and entitlement to inclusion on the ballot shall be prescribed in each State by the legislature thereof; but the Congress may at any time by law make or alter such regulations. The days for such elections shall be determined by Congress and shall be unform throughout the United States. The Congress shall prescribe by law the times, places, and manner in which the results of such elections shall be ascertained and declared. No such election, other than a runoff election, shall be held later than the first Tuesday after the first Monday in November, and the results thereof shall be declared no later than the thirtieth day after the date on which the elections occurs.
SECTION 5. The Congress may by law provide for the case of the death, inability, or withdrawal of any candidate for President of Vice President before a President and Vice President have been elected, and for the case of the death of both the President-elect and Vice-President-elect.
SECTION 6. Sections 1 through 4 of this article shall take effect one year after the ratification of this article.
SECTION 7. The Congress shall have the power to enforce this article by appropriate legislation.
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