Chapter 859. Providing for the meeting of electors of President and Vice President and for the issuance and transmission of the certificates of their selection and of the result of their determination, and for other purposes

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Chap. 859: Providing for the meeting of electors of President and Vice President and for the issuance and transmission of the certificates of their selection and of the result of their determination, and for other purposes. Chapter 859 45 Stat. 945 1928-05-29 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-01-24 70 1 public Chapter 859.— An Act Providing for the meeting of electors of President and Vice President and for the issuance and transmission of the certificates of their selection and of the result of their determination, and for other purposes.

May 29, 1928.[[H. R. 7373](/us/bill/70/hr/7373).][[Public, No. 569](/us/pl/70/569).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, * That the electorsPresidential elections.Meeting of electors. of President and Vice President of each State shall meet and give946 their votes on the first Wednesday in January next following theirVol. 24, p. 373, amended.[U. S. Code, p. 19](/us/usc/p19). appointment at such place in each State as the legislature of such State shall direct.

Sec. 2. That it shall be the duty of the executives of each State,Certificates of electors to be sent by State executive by registered mail to Secretary of State of the United States.Vol. 24, p. 373, amended.[U. S. Code, p. 19](/us/usc/p19). as soon as practicable after the conclusion of the appointment of the electors in such State by the final ascertainment, under and in pursuance of the laws of such State providing for such ascertainment, to communicate by registered mail under the seal of the State to the Secretary of State of the United States a certificate of such ascertainment of the electors appointed, setting forth the names of such electors and the canvass or other ascertainment under the laws of such State of the number of votes given or cast for each person for whose appointment any and all votes have been given or cast; and it shall also thereupon be the duty of the executive of eachDelivery of six duplicates to the electors.

State to deliver to the electors of such State, on or before the day on which they are required by section 1 of this Act to meet, six duplicates original of the same certificate under the seal of the State; and if there shall have been any final determination in a State in the manner provided for by law of a controversy or contest concerning the appointment of all or any of the electors of such State, it shall be the duty of the executive of such State, as soon as practicable after such determination, to communicate under the seal of the State to the Secretary of State of the United States a certificate of such determination in form and manner as the same shall have been made; and the certificate or certificates so received by thePreservation by Secretary of State.

Secretary of State shall be preserved by him for one year and shall be a part of the public records of his office and shall be open to public inspection; and the Secretary of State of the United StatesTransmission of copies to Congress. at the first meeting of Congress thereafter shall transmit to the two Houses of Congress copies in full of each and every such certificate so received at the State Department. Sec. 3. That the electors shall make and sign six certificates ofCertificates of votes of electors to be signed.[R.

S., sec. 138, p. 23](/us/rs/s138/p23), amended.[U. S. Code, p. 19](/us/usc/p19). all the votes given by them, each of which certificates shall contain two distinct lists, one of the votes for President and the other of the votes for Vice President, and shall annex to each of the certificates one of the lists of the electors which shall have been furnished to them by direction of the executive of the State. Sec. 4. That the electors shall dispose of the certificates so madeDisposition of electoral certificates.[R.

S., sec. 140, p. 23](/us/rs/s140/p23), amended.To President of the Senate.[U. S. Code, p. 19](/us/usc/p19). by them and the lists attached thereto in the following manner: First. They shall forthwith forward by registered mail one of the same to the President of the Senate at the seat of government. Second. Two of the same shall be delivered to the secretary ofTwo to secretary of state of the State. state of the State, one of which shall be held subject to the order of the President of the Senate, the other to be preserved by him for one year and shall be a part of the public records of his office and shall be open to public inspection.

Third. On the day thereafter they shall forward by registeredTwo by registered mail to the Secretary of State, at Washington, one of which for thePresident of the Senate.Preservation of the other. mail two of such certificates and lists to the Secretary of State at the seat of government, one of which shall be held subject to the order of the President of the Senate. The other shall be preserved by the Secretary of State for one year and shall be a part of the public records of his office and shall be open to public inspection.

Fourth. They shall forthwith cause the other of the certificatesOne to judge of district court. and lists to be delivered to the judge of the district in which the electors shall have assembled. Sec. 5. That when no certificate of vote and list mentioned in thisIf no certificate received by third Wednesday in January, request to be made for one from secretary of state of the State. Act from any State shall have been received by the President of the Senate or by the Secretary of State by the third Wednesday in the month of January after the meeting of the electors shall have been held, the President of the Senate or, if he be absent from the947 seat of government, the Secretary of State shall request, by the most expeditious method available, the secretary of state of the State to send up the certificate and list lodged with him by the electors of such State; and it shall be his duty upon receipt of such requestImmediate transmittal to President of the Senate. immediately to transmit same by registered mail to the President of the Senate at the seat of government.

Sec. 6. That when no certificates of votes from any State shallIf no certificate on fourth Wednesday in January, special messenger to be sent for the certificate in custody of district judge.Vol. 25, p. 613, amended.[U. S. Code, p. 20](/us/usc/p20). have been received at the seat of government on the fourth Wednesday of the month of January, after the meeting of the electors shall have been held, the President of the Senate or, if he be absent from the seat of government, the Secretary of State shall send a special messenger to the district judge in whose custody one certificate of votes from that State has been lodged, and such judge shall forthwith transmit that list by the hand of such messenger to the seat of government.

Approved, May 29, 1928.

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Providing for the meeting of electors of President and Vice President and for the issuance and transmission of the certificates of their selection and of the result of their determination, and for other purposes
Chapter 859

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Chapter 859

Providing for the meeting of electors of President and Vice President and for the issuance and transmission of the certificates of their selection and of the result of their determination, and for other purposes

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