Presidential Lottery (25 page)

4. DIRECT POPULAR VOTE

[Text of proposed amendment to the Constitution, introduced Jan. 15, 1969, by Sen. Birch Bayh (D., Ind.) and others.]

Section 1.
The people of the several States and the District constituting the seat of Government of the United States shall be the electors of the President and Vice President. In such elections, each elector shall cast a single vote for two persons
who shall have consented to the joining of their names on the ballot for the offices of President and Vice President. No persons shall consent to their name being joined with that of more than one other person.

Section 2.
The electors in each State shall have the qualifications requisite for the electors of members of the Congress from that State, except that any State may adopt less restrictive residence requirements for voting for President and Vice President than for members of Congress and Congress may adopt uniform residence and age requirements for voting in such elections. The Congress shall prescribe the qualifications for electors from the District of Columbia.

Section 3.
The persons joined as candidates for President and Vice President, having the greatest number of votes shall be declared elected President and Vice President, if such number be at least 40 per centum of the total number of votes certified. If none of the persons joined as candidates for President and Vice President shall have at least 40 per centum of the total number of votes certified, a runoff election shall be held between the two pairs of persons joined as candidates for President and Vice President who received the highest number of votes certified.

Section 4.
The days for such elections shall be determined by Congress and shall be the same throughout the United States. The times, places, and manner of holding such elections and entitlement to inclusion on the ballot shall be prescribed in each State by the legislature thereof; but the Congress may at any time by law make or alter such regulations.
The times, places, and manner of holding such elections and entitlement to inclusion on the ballot shall be prescribed by the Congress for such elections in the District of Columbia.

Section 5.
The Congress shall prescribe by law the time, place, and manner in which the results of such elections shall be ascertained and declared.

Section 6.
If, at the time fixed for the counting of the certified vote totals from the respective States, the presidential candidate who would have been entitled to election as President shall have died, the vice presidential candidate entitled to election as Vice President shall be declared elected President.

The Congress may by law provide for the case of the death or withdrawal of any candidate or candidates for President and Vice President and for the case of the death of both the President-elect and Vice President-elect and, further, the Congress may by law provide for the case of a tie.

Section 7.
The Congress shall have power to enforce this article by appropriate legislation.

Section 8.
This article shall take effect on the 1st day of May following its ratification.

1. THE AUTOMATIC PLAN

2. THE PROPORTIONAL PLAN

3. THE DISTRICT PLAN

4. DIRECT POPULAR VOTE