Constitution of the United States
Popular Election of President and Vice-President
Clause 1 – On the first Tuesday after the first Monday in November of every fourth year following the year of the Presidential election prior to enactment of this Article,, all citizens who are eligible by law to vote, in each State and Territory, shall be entitled to vote for a combined ticket of a President and Vice-President of the United States. The Executive Authority of each state and territory shall certify to the Congress of the United States prior to the first Day of January, thereafter, the total popular vote for each ticket of such candidates voted for in each jurisdiction.
Clause 2 – On the Second Tuesday of January, thereafter, the Speaker of the House and the President Pro-Tem of the Senate shall report the combined certified results of the state and territorial elections to their respective legislative bodies. The House of Representatives and the Senate sitting in Joint Session shall certify the election for these offices based solely upon the popular vote of the people.
Clause 3 – Should a winning candidate so certified be found to have been predeceased or is otherwise found to be unqualified for office, the House of Representatives, for the President, or the Senate, for the Vice-President, shall elect a replacement to the vacant office from amongst the top two remaining candidates for either President or Vice-President certified in the election results which were reported to that body. Should a winning Vice-President be thus elected President, the office of Vice-President shall be likewise filled by a vote of the Senate from those same candidates.
Clause 4 – The President and Vice-President so elected shall take office at Noon on January 20th thereafter.
Clause 5 – Congress shall have power to enforce this Article by appropriate legislation.