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3 U.S.C. § 12Failure of certificates of electors to reach President of the Senate or Archivist of the United States; demand on State for certificate

submitted 78 years ago by ch. 644 to r/title-3-THE-PRESIDENT · 146 words · no verdicts yet

in plain englishAI-generated · not legal advice

If a state's certificate of electoral votes doesn't reach Washington by the fourth Wednesday in December, the President of the Senate asks that state's top election official to send it. That official must send it right away, by the fastest method.

This section covers what happens when a state's official certificate of electoral votes doesn't show up on time. After the electors meet, if the President of the Senate (or the Archivist of the United States, when the President of the Senate is away from the seat of government) has not received a state's certificate of votes by the fourth Wednesday in December, that officer must ask the state's chief election officer, using the fastest method available, to send up the certificate that the state's electors filed with that officer. The chief election officer must then immediately send the certificate to the President of the Senate at the seat of government, again using the fastest method available.
the actual law source: uscode.house.gov ↗public domain

When, after the meeting of the electors shall have been held, no certificate of vote mentioned in sections 9 and 11 of this title from any State shall have been received by the President of the Senate or by the Archivist of the United States by the fourth Wednesday in December, the President of the Senate or, if the President of the Senate be absent from the seat of government, the Archivist of the United States shall request, by the most expeditious method available, the chief election officer of the State to send up the certificate lodged with such officer by the electors of such State; and it shall be the duty of such chief election officer of the State upon receipt of such request immediately to transmit same by the most expeditious method available to the President of the Senate at the seat of government.

Source credit: (June 25, 1948, ch. 644, 62 Stat. 674; Oct. 31, 1951, ch. 655, § 8, 65 Stat. 712; Pub. L. 98–497, title I, § 107(e)(1), (2)(B), Oct. 19, 1984, 98 Stat. 2291; Pub. L. 117–328, div. P, title I, § 108(a), Dec. 29, 2022, 136 Stat. 5237.)

history & why it existsrecord from the source credit
  • 1948Enacted · Act of June 25, 1948, ch. 644 · 62 Stat. 674
  • 1951Amended · Act of Oct. 31, 1951, ch. 655 · 65 Stat. 712
  • 1984Amended · Pub. L. 98-497 · 98 Stat. 2291
  • 2022Amended · Pub. L. 117-328 · 136 Stat. 5237

A history note hasn’t been published yet. The record shows enactment by ch. 644 on 1948-06-25.

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