Proposing an amendment to the Constitution of the United States to abolish the electoral college and to provide for the direct election of the President and Vice President of the United States.

IA 117TH CONGRESS 1ST SESSION H. J. RES. 14 Proposing an amendment to the Constitution of the United States to abolish the electoral college and to provide for the direct election of the President and Vice President of the United States. IN THE HOUSE OF REPRESENTATIVES JANUARY 11, 2021 Mr. COHEN (for himself, Ms. LOFGREN, Ms. ESHOO, Ms. SCHAKOWSKY, Ms. BROWNLEY, Mr. DEFAZIO, Mr. ESPAILLAT, Mr. GARAMENDI, and Mr. COOPER) submitted the following joint resolution; which was referred to the Committee on the Judiciary JOINT RESOLUTION Proposing an amendment to the Constitution of the United States to abolish the electoral college and to provide for the direct election of the President and Vice Presi- dent of the United States. Whereas the Founders of the Nation established the electoral college in an era of limited nationwide communication and information sharing; Whereas the electoral college is premised on an antiquated theory that citizens will have a better chance of knowing about electors from their home States than about Presi- dential candidates from out of State; Whereas the development of mass media and the internet has made information about Presidential candidates easily ac- VerDate Sep 11 2014 23:30 Jan 11, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6300 E:\BILLS\HJ14.IH HJ14 pamtmann on DSKBC07HB2PROD with BILLS 2 •HJ 14 IH cessible to United States citizens across the country and around the world; Whereas citizens now have a far better chance of knowing about out-of-State Presidential candidates than about Presidential electors from their home State; Whereas Thomas Jefferson wrote, ‘‘I am not an advocate for frequent changes in laws and constitutions, but laws and institutions must go hand in hand with the progress of the human mind. As that becomes more developed, more enlightened, as new discoveries are made, new truths dis- covered and manners and opinions change, with the change of circumstances, institutions must advance also to keep pace with the times. We might as well require a man to wear still the coat which fitted him when a boy as civilized society to remain ever under the regimen of their barbarous ancestors.’’; Whereas since the Nation’s founding, United States citizens have amended the Constitution to expand the opportunity for citizens to directly elect their elected leaders; Whereas the 15th Amendment guarantees the right of all citi- zens to vote regardless of race; Whereas the 19th Amendment guarantees the right of all citi- zens to vote regardless of gender; Whereas the 26th Amendment guarantees the right of all citi- zens 18 years of age and older to vote regardless of age; Whereas the 17th Amendment establishes both a precedent and a preference for the direct election of citizens’ elected representatives; and Whereas the electoral college has become an anachronism: Now, therefore, be it VerDate Sep 11 2014 23:30 Jan 11, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6300 E:\BILLS\HJ14.IH HJ14 pamtmann on DSKBC07HB2PROD with BILLS 3 •HJ 14 IH Resolved by the Senate and House of Representatives 1 of the United States of America in Congress assembled 2 (two-thirds of each House concurring therein), That the fol- 3 lowing article is proposed as an amendment to the Con- 4 stitution of the United States, which shall be valid to all 5 intents and purposes as part of the Constitution when 6 ratified by the legislatures of three-fourths of the several 7 States within seven years after the date of its submission 8 for ratification: 9 ‘‘ARTICLE — 10 ‘‘SECTION 1. 11 ‘‘The President and Vice President shall be elected 12 by the people of the several States and the district consti- 13 tuting the seat of government of the United States. 14 ‘‘SECTION 2. 15 ‘‘The electors in each State shall have the qualifica- 16 tions requisite for electors of the most populous branch 17 of the legislature of the State; although Congress may es- 18 tablish uniform age qualifications. 19 ‘‘SECTION 3. 20 ‘‘Each elector shall cast a single vote for two persons 21 who have consented to the joining of their names as can- 22 didates for President and Vice President. No elector shall 23 be prohibited from casting a vote for a candidate for Presi- 24 VerDate Sep 11 2014 23:30 Jan 11, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\HJ14.IH HJ14 pamtmann on DSKBC07HB2PROD with BILLS 4 •HJ 14 IH dent or Vice President because either candidate, or both, 1 are inhabitants of the same State as the elector. 2 ‘‘SECTION 4. 3 ‘‘The pair of candidates having the greatest number 4 of votes for President and Vice President shall be elected. 5 ‘‘SECTION 5. 6 ‘‘The times, places, and manner of holding such elec- 7 tions and entitlement to inclusion on the ballot shall be 8 determined by Congress. 9 ‘‘SECTION 6. 10 ‘‘The Congress may by law provide for the case of 11 the death or any other disqualification of any candidate 12 for President or Vice President before the day on which 13 the President-elect or Vice President-elect has been cho- 14 sen; and for the case of a tie in any election. 15 ‘‘SECTION 7. 16 ‘‘This article shall take effect one year after the first 17 day of January following ratification.’’. 18 Æ VerDate Sep 11 2014 23:30 Jan 11, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\HJ14.IH HJ14 pamtmann on DSKBC07HB2PROD with BILLS