The Twelfth Amendment

Amendment XII · Congress, Eighth Session · June 15, 1804

The Text

The Electors shall meet in their respective states and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same state with themselves; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice-President, and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice-President, and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate;

What It Says

Electors cast separate ballots for President and Vice President rather than ranking candidates on one list.

What It Protects Against

Deadlock and a hostile pairing at the top of the executive. The original system produced a tie between running mates in 1800 and threw the choice to the House for thirty-six ballots.

Protocol Media reading. Not sourced to a ratification-era document.

Problem Addressed

Under the original rules the runner-up became Vice President, which paired political opponents in the executive, and the 1800 election produced a tie between Jefferson and Burr that took the House thirty-six ballots to resolve.

The Original

National Archives, Washington DC

Read the archive copy