PROPOSED CONSTITUTIONAL AMENDMENTS RELATING TO NOMINATIONS AND ELECTIONS OF PRESIDENT, VICE PRESIDENT, UNITED STATES SENATORS, AND REPRESENTATIVES. COMMITTEE ON ELECTION OF PRESIDENT, The committee met at 10.30 o'clock a. m., Hon. William E. Andrews (chairman) presiding. These hearings were held upon the following House joint resolutions and bills: House Joint Resolution 290, House Joint Resolution 413, House Joint Resolution 424, House Joint Resolution 435, and H. R. 14186. [H. J. Res. 290, Sixty-seventh Congress, second session.] JOINT RESOLUTION Proposing an amendment to the Constitution of the United States. Resolved by the Senate and House of Representatives of the United States of America in Congress assembled (two-thirds of each House concurring therein), That the following be proposed as an amendment to the Constitution of the United States, which shall be valid as a part of said Constitution when ratified by the legislatures of three-fourths of the States, to wit: In lieu of paragraphs 1, 2, and 3 of section 1, Article II, of said Constitution, and of amendment numbered 12 thereto, insert the following: "1. The executive power shall be vested in a President of the United States of America. The President and Vice President shall be elected, each for six years, at an election held upon the first Tuesday of October of 1925, or of the odd year next following the ratification of this amendment and the date at which the term of the incumbents would otherwise expire, and every six years thereafter, by the direct vote of the qualified citizens of all the States and of the District of Columbia; nor shall Congress or any State deny or abridge the right to such vote of any citizen so qualified and legally resident therein during thirty days previous to such elections on account of sex, race, color, nonpayment of taxes of any kind or character, nor for any reason other than criminal conviction or adjudicated mental incompetence. "The person receiving the largest aggregate number of votes therefor, in such election, shall be the President and the person receiving the greatest number of votes therefor shall be the Vice President, but a majority of the entire vote cast shall not be requisite for a choice; and such President and Vice President shall possess the qualifications provided in Article II of the Constitution and shall serve for six years, respectively, from the first Tuesday in November following their election in October and until their successors shall be elected and qualified, but shall be ineligible to any second election to such respective offices. In case of the death of the President-elect between the said dates of election and inauguration, said Vice President-elect shall be duly inaugurated as President and the further succession to said office shall be as may be by law provided. "2. There shall be no election of President, Vice President, Senators, or Representatives in Congress held in 1924, or corresponding congressional election date next following such ratification, but all terms of office of any of such incumbents, which would otherwise expire within and prior to the first Tuesday of November of the following year, shall be extended as herein provided; and in said election of October, 1925 (or corresponding date), there shall be elected, in addition to President and Vice President, the one-third of the Members of the Senate, who would otherwise be elected in the year 1 preceding, and one-third thereof biennially thereafter, with like extension of their current terms of service to the November following; together with onehalf of the Members of the House of Representatives, the remaining half of such membership to hold over and be elected, likewise for four years, in October, 1927 (or corresponding date), and a like number biennially thereafter. The half of the House Members to be elected in 1925 (or corresponding date) shall be determined by lot or chance in such manner as the House may, by resolution, provide, the Representatives from the respective States to be as evenly divided in the two classes or years as practically possible. At such biennial elections there shall be elected at least one Representative from the District of Columbia, but there shall be no officials elected other than those herein specified; nor shall any State have or exercise any control over such elections. "3. Congress shall, by law, provide for the proper holding of such elections and for the accurate recording and safeguarding, prompt returning, and compilation of the votes so cast and the determination and simultaneous reporting to Congress and to the Department of State of the results hereof; and shall provide for special separate elections to fill vacancies in Senate or House of Representatives that may occur from any cause. 66 The outgoing Congress shall meet upon the third Monday in October following such election to receive the returns and record and publish the results thereof; and shall expire with said month. The new Congress shall meet at noon upon the first Mondya of November following. Congress shall apportion the Representatives among the various States and the District of Columbia following decennial census enumerations, and shall have power, by law, to enforce this amendment and to establish such regulations to govern State legislatures in making apportionment districts, as to insure fair and compact representative districts in respect to location and population and prevent the depriving of any section of fair and equitable representation. No apportionment shall provide for a total membership in the House of Representatives of fewer Members than twice the total member. ship of Senate, nor of more than four times as many Members as Senators. "4 Congress shall provide for periodical registration, based upon prior minimum residence within such State or District and election precinct for not exceeding thirty days preceding any Federal election, as a qualification of voters for such elections; but shall prohibit the disfranchisement of any voter through lack of practical opportunity to so register within said period and provide that proof of such fact on election day shall enable the voter to then qualify by registration, and shall also provide for the prior casting and de posit of votes, by mail, in cases of expected absence of qualified voters at date of any such election. "5. No provision of this amendment shall be construed to affect the conditions that may be established by any State, District, or Territory not in conflict with other provisions of the Constitution of the United States for the holding, conduct, or results of any State or local election for the election of State, Territorial, or local officials; but all State and local officials shall be elected at elections held separate from any Federal election and no other election, State or local, shall be held upon said date, the first Tuesday in October, biennially, in odd years, in any of the United States." [H. J. Res. 413, Sixty-seventh Congress, fourth session.] JOINT RESOLUTION Proposing an amendment to the Constitution of the United States. Resolved by the Senate and House of Representatives of the United States of America in Congress assembled (two-thirds of each House concurring therein), That the following amendment be, and hereby is, proposed to the States, to become valid as a part of the Constitution when ratified by the legislatures of the several States as provided by the Constitution, to wit: ** ARTICLE II. "SECTION 1. The executive power shall he rested in a President of the United States of America. He shall hold his office during the term of six years, together with the Vice President, chosen for the same term, but both shall be ineligible to any second election to such respective offices. They shall be elected as follows: |