Title 3The PresidentRelease 119-73

§13 Same; demand on district judge for certificate

Title 3 › Chapter CHAPTER 1— - PRESIDENTIAL ELECTIONS AND VACANCIES › § 13

Last updated Apr 6, 2026|Official source

Summary

If, after the electors have met, no certificate of a State’s electoral votes has arrived at the seat of government by the fourth Wednesday in December, the President of the Senate, or the Archivist of the United States if the President of the Senate is away, must send a special messenger to the federal district judge who is holding one certificate from that State. That judge must immediately send that certificate with the messenger to the seat of government.

Full Legal Text

Title 3, §13

The President — Source: USLM XML via OLRC

When, after the meeting of the electors shall have been held, no certificates of votes from any State shall have been received at the seat of government on 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 send a special messenger to the district judge in whose custody one certificate of votes from that State has been lodged, and such judge shall forthwith transmit that certificate by the hand of such messenger to the seat of government.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2022—Pub. L. 117–328 inserted “, after the meeting of the electors shall have been held,” after “When” 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”, and “that certificate” for “that list”. 1984—Pub. L. 98–497 substituted “Archivist of the United States” for “Administrator of General Services”. 1951—Act Oct. 31, 1951, substituted “Administrator of General Services” for “Secretary of State”.

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. § 13

Title 3The President

Last Updated

Apr 6, 2026

Release point: 119-73