President to be chosen come into office; except, that where no apportionment of Representatives has been made after any enumeration, at the time of choosing electors, the number of electors shall be according to the then existing apportionment of Senators and Representatives. (R. S. § 132.) Historical Note R. S. 132 cited to the text was derived from Act of March 1, 1792, c. 8, § 1, 1 Stat. 239. § 3. Vacancies in electoral college. Each State may, by law, provide for the filling of any vacancies which may occur in its college of electors when such college meets to give its electoral vote. 133.) Historical Note (R. S. § R. S. 133 cited to the text was derived from Act of Jan. 23, 1845, c. 1, 5 Stat. 721. Notes of Decisions - 1. Ineligibility as creating "vacancy". One who, being under the constitution ineligible, by reason of holding an "office of trust or profit," receives the highest number of votes for elector of president, cannot, by declining the appointment, create a vacancy such as may be filled under a statute providing for filling vacancies; only a person who has been lawfully elected can create a vacancy by resigning. In re Corliss (1877) 11 R. I. 638, 23 Am. Rep. 538. Nor can he render his appointment valid by resigning the inconsistent office, but to be available such resignation must precede his appointment as elector. Id. 2. State provisions for filling vacancies.Pub. Acts Mich. 1891, No. 50, entitled "An act to provide for the election of electors of President and Vice President of the United States," is not invalid because it fails to provide for filling a vacancy in case it may occur by the death of both the elector and the alternate. McPherson v. Blacker (1892) 146 U. S. 1, 13 S. Ct. 3, 38 L. Ed. 869, affirming (1892) 92 Mich. 377, 52 N. W. 469, 31 Am. St. Rep. 587, 18 L. R. A. 475. Presidential electors are "state officers," within Const. Ky. 152, providing that if the unexpired term of an elective officer does not end at the next succeeding annual election at which either city or state officers, etc., are elected, and three months intervene before such election, the office shall be filled by appointment until said election, and then said vacancy shall be filled by election. Todd v. Johnson (1896) 99 Ky. 548, 36 S. W. 987, 34 L. R. A. 193. 84. Failure to make choice on appointed day. Whenever any State has held an election for the purpose of choosing electors, and has failed to make a choice on the day prescribed by law, the electors may be appointed on a subsequent day in such a manner as the legislature of such State may direct. (R. S. § 134.) Historical Note B. S. 134 cited to the text was derived from Act of Jan. 23, 1845, c. 1, 5 Stat. 721. Notes of Decisions Cited without specific application.-McPherson v. Blacker (Mich. 1892) 13 S. Ct. 8, 13, 146 U. S. 1, 36 L. Ed. 869. 85. Meeting and vote of electors. The electors of each State shall meet and give their votes on the second Monday in January next following their appointment, at such place in each State as the legislature of such State shall direct. (Feb. 3, 1887, c. 90, § 1, 24 Stat. 373.) Notes of Decisions 1. Conflicting provision of state law.-A state law providing for the election of presidential electors, which contains a provision fixing a date for the meeting of the electors in conflict with this section is not wholly void, but such conflicting provision must give way. McPherson ▼. Blacker (Mich. 1892) 140 U. S. 1, 13 8. Ct. 3, 36 L. Ed. 869. § 6. Determination of controversy as to appointment of electors. If any State shall have provided, by laws enacted prior to the day fixed for the appointment of the electors, for its final determination of any controversy or contest concerning the appointment of all or any of the electors of such State, by judicial or other methods or procedures, and such determination shall have been made at least six days before the time fixed for the meeting of the electors, such determination made pursuant to such law so existing on said day, and made at least six days prior to the said time of meeting of the electors, shall be conclusive, and shall govern in the counting of the electoral votes as provided in the Constitution, and as hereinafter regulated, so far as the ascertainment of the electors appointed by such State is concerned. (Feb. 8, 1887, c. 90, § 2, 24 Stat. 373.) 7. Certificates of appointment of electors. It shall be the duty of the executive of each State as soon as practicable after the conclusion of the appointment of electors in such State, by the final ascertainment under and in pursuance of the laws of such State providing for such ascertainment, to communicate, 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 each State to deliver to the electors of such State, on or before the day on which they are required by section 6 of this title to meet, the same certificate, in triplicate, under the seal of the State; and such certificate shall be inclosed and transmitted by the electors at the same time and in the same manner as is provided by law for transmitting by such electors to the seat of government the lists of all persons voted for as President and of all persons voted for as Vice President; and if there shall have been any final determination in a State of a controversy or contest as provided for in section 6 of this title, 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 Secretary of State of the United States, as soon as practicable after the receipt at the State Department of each of the certificates hereinbefore directed to be transmitted to the Secretary of State, shall publish, in such public newspaper as he shall designate, such certificates in full; and at the first meeting of Congress thereafter he shall transmit to the two Houses of Congress copies in full of each and every such certificate so received theretofore at the State Department. (Feb. 3, 1887, c. 90, § 3, 24 Stat. 373.) Historical Note This section as originally enacted contained after the words "Vice President" in line 18 the following words "and section one hundred and thirty six of the Revised Statutes is hereby repealed." R. S. 136, referred to, provided as follows: "It shall be the duty of the ex ecutive of each State to cause three lists of the names of the electors of such State to be made and certified, and to be delivered to the electors on or before the day on which they are required, by the preceding section [R. S. 135], to meet." 8 8. Manner of voting. The electors shall vote for President and Vice President, respectively, in the manner directed by the Constitution. (R. S. § 137.) Historical Note R. 8. 137 cited to the text was derived fro Act of March 26, 1804, c. 50, § 1, 2 Stat. 295. 89. Making and signing certificates. The electors shall make and sign three certificates of 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. (R. S. § 138.) Historical Note R. S. 138 cited to the text was derived from Act of March 1, 1792, c. 8, §§ 2, 8, 1 Stat. 239; Act of March 26, 1804, c. 50, § 1, 2 Stat. 295. $10. Sealing and indorsing certificates. The electors shall seal up the certificates so made by them, and certify upon each that the lists of all the votes of such State given for President, and of all the votes given for Vice President, are contained therein. (R. S. § 139.) Historical Note R. S. 139 cited to the text was derived from Act of March 1, 1792, c. 8, § 2, 1 Stat. 239; Act of March 26, 1804, c. 50, 1, 2 Stat. 295. § 11. Transmission of certificates. The electors shall dispose of the certificates thus made by them in the following manner: One. They shall, by writing under their hands, or under the hands of a majority of them, appoint a person to take charge of and deliver to the President of the Senate, at the seat of government, one of the certificates. Two. They shall forthwith forward by the post office to the President of the Senate, at the seat of government, one other of the certificates. Three. They shall forthwith cause the other of the certificates to be delivered to the judge of that district in which the electors shall assemble. (R. S. § 140; Oct. 19, 1888, c. 1216, § 1, 25 Stat. 613.) Historical Note R. S. 140 cited to the text was derived from Act of March 1, 1792, c. 8, 2, 1 Stat. 239; Act of March 26, 1804, c. 50, § 1, 2 Stat. 295. 12. Time for transmission of certificates to President of Senate. The certificates and lists of votes for President and Vice President of the United States mentioned in this chapter shall be forwarded, in the manner herein provided, to the President of the Senate forthwith after the second Monday in January, on which the electors shall give their votes. (Oct. 19, 1888, c. 1216, § 1, 25 Stat. 613.) 813. District judge's list. Whenever a certificate of votes from any State has not been received at the seat of government on the fourth Monday of the month of January in which their meeting shall have been held, the Secretary of State shall send a special messenger to the district judge in whose custody one certificate of the votes from that State has been lodged, and such judge shall forthwith transmit that list to the seat of government. (R. S. & 141; Oct. 19, 1888, c. 1216, § 2, 25 Stat. 613.) Istorical Note R. S. 141 cited to the text was derived from Act of March 1, 1792, c. 8, § 4, 1 Stat. 240. Notes of 1. Failure to receive certificates to be sent by messenger.-It was the duty of the Secretary of State, under this section, to send a special messenger to the district judge holding the certificates of the votes of his state, in each state where the messenger had failed to deliver to the President on the fourth Monday in January, 1893, the package containing the certificate of the votes of his State, although pack Decisions ages purporting to contain the electoral votes from all the states had been received. (1893) 20 Op. Atty. Gen. 522. The expression "whenever a certificate of votes from any state has not been received," should be construed so as to read "whenever any certificate of votes required by law from any State has not been re ceived." Id. §14. Absence of President of Senate. In case there shall be no President of the Senate at the seat of government on the arrival of the persons intrusted with the certificates of the votes of the electors, then such persons shall deliver such certificates into the office of the Secretary of State, to be safely kept, and delivered over as soon as may be to the President of the Senate. (R. S. § 143.) Historical Note R. S. 143 cited to the text was derived from Act of March 1, 1792, c. 8, § 6, 1 Stat. 240. § 15. Mileage of messengers. Each of the persons appointed by the electors to deliver the certificates of votes to the President of the Senate shall be allowed, on the delivery of the list intrusted to him, 25 cents for every mile of the estimated distance, by the most usual road, from the place of meeting of the electors to the seat of government of the United States. (R. S. § 144.) Historical Note R. S. 144 cited to the text was derived from Act of March 1, 1792, c. 8, § 7, 1 Stat. 240. 16. Forfeiture for messenger's neglect of duty. Every person. who, having been appointed, pursuant to subdivision 1 of section 11 of this title or to section 13 of this title, to deliver the certificates of the votes of the electors to the President of the Senate, and having accepted such appointment, shall neglect to perform the services required from him, shall forfeit the sum of $1,000. (R. S. § 145.) Historical Note R. S. 145 cited to the text was derived from Act of March 1, 1792, c. 8, § 8, 1 Btat. 240. § 17. Counting electoral votes in Congress. Congress shall be in session on the second Wednesday in February succeeding every meeting of the electors. The Senate and House of Representatives shall meet in the Hall of the House of Representatives at the hour of one o'clock in the afternoon on that day, and the President of the Senate shall be their presiding officer. Two tellers shall be previously appointed on the part of the Senate and two on the part of the House of Representatives, to whom shall be handed, as they are opened by the President of the Senate, all the certificates and papers purporting to be certificates of the electoral votes, which certificates and papers shall be opened, presented, and acted upon in the alphabetical order of the States, beginning with the letter A; and said tellers, having then read the same in the presence and hearing of the two Houses, shall make a list of the votes as they shall appear from the said certificates; and the votes having been ascertained and counted in the Inanner and according to the rules in this chapter provided, the result of the same shall be delivered to the President of the Senate, who shall thereupon announce the state of the vote, which announcement shall be deemed a sufficient declaration of the persons, if any, elected President and Vice President of the United States, and, together with a list of the votes, be entered on the Journals of the two Houses. Upon such reading of any such certificate or paper, the President of the Senate shall call for objections, if any. Every objection shall be made in writing, and shall state clearly and concisely, and without argument, the ground thereof, and shall be signed by at least one Senator and one Member of the House of Representatives before the same shall be received. When all objections so made to any vote or paper from a State shall have been received and read, the Senate shall thereupon withdraw, and such objections shall be submitted to the Senate for its decision; and the Speaker of the House of Representatives shall, in like manner, submit such objections to the House of Representatives for its decision; and no electoral vote or votes from any State which shall have been regularly given by electors whose appointment has been lawfully certified to according to section 7 of this title from which but one return has been received shall be rejected, but the two Houses concurrently may reject the vote or votes when they agree that such vote or votes have not been so regularly given by electors whose appointment has been so certified. If more than one return or paper purporting to be a return from a State shall have been received by the President of the Senate, those votes, and those only, shall be counted which shall have been regularly given by the electors who are shown by the determination mentioned in section 6 of this title to have been appointed, if the determination in said section provided for shall have been made, or by such successors or substitutes, in case of a vacancy in the board of electors so ascertained, as have been appointed to fill such vacancy in the mode provided by the laws of the State; but in case there shall arise the question which of two or more of such State authorities determin |