Title 3The PresidentRelease 119-73

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

Title 3 › Chapter CHAPTER 1— - PRESIDENTIAL ELECTIONS AND VACANCIES › § 12

Last updated Apr 6, 2026|Official source

Summary

After the electors meet, if no state's certificate of vote reaches the Senate President or the Archivist by the fourth Wednesday in December, the Senate President, or the Archivist if absent, must ask the state's chief election officer to send it immediately to the Senate President at the seat of government.

Full Legal Text

Title 3, §12

The President — Source: USLM XML via OLRC

When, after the meeting of the electors shall have been held, no certificate of vote mentioned in section 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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2022—Pub. L. 117–328, § 108(a)(1)–(4), (6)–(8), inserted “, after the meeting of the electors shall have been held,” after “When”, struck out “and list” after “certificate of vote” and after “send up the certificate”, and substituted “in December,” for “in December, after the meeting of the electors shall have been held,”, “or, if the President of the Senate be absent” for “or, if he be absent”, “lodged with such officer” for “lodged with him”, “the duty of such chief election officer of the State” for “his duty”, and “by the most expeditious method available” for “by registered mail”. Pub. L. 117–328, § 108(a)(5), which directed substitution of “chief election officer” for “secretary of State”, was executed by making the substitution for “secretary of state” to reflect the probable intent of Congress. 1984—Pub. L. 98–497 substituted “Archivist of the United States” for “Administrator of General Services” in section catchline and two places in text. 1951—Act Oct. 31, 1951, substituted “Administrator of General Services” for “Secretary of State” in section catchline and two places in text.

Statutory Notes and Related Subsidiaries

Effective Date

of 1984 AmendmentAmendment by Pub. L. 98–497 effective Apr. 1, 1985, see section 301 of Pub. L. 98–497, set out as a note under section 2102 of Title 44, Public Printing and Documents.

Reference

Citations & Metadata

Citation

3 U.S.C. § 12

Title 3The President

Last Updated

Apr 6, 2026

Release point: 119-73