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Title 3 — The President

Chapter 1 — Presidential Elections and Vacancies

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

Statutory text

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

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. The President

    Pub. L. 80–644 · 62 Stat. 672

    Enacted · 3 U.S.C. § 12

    June 25, 1948, ch. 644, 62 Stat. 674

    Source evidence

    Code source credit
    June 25, 1948, ch. 644, 62 Stat. 674

  2. National Archives and Records Administration Act of 1984

    Pub. L. 98–497 title I § 107(e)(1) · 98 Stat. 2280

    Substituted · 3 U.S.C. § 12

    Pub. L. 98–497 substituted “Archivist of the United States” for “Administrator of General Services” in section catchline and two places in text

    Source evidence

    Code amendment note
    Pub. L. 98–497 substituted “Archivist of the United States” for “Administrator of General Services” in section catchline and two places in text.

    Enacted provision · exact public law section
    (1) Sections 6 and 11 through 13 of title 3, United States Code, are amended by striking out “Administrator of General Services” and “General Services Administration” each place they appear and inserting in lieu thereof “Archivist of the United States,” and “National Archives and Records Administration”, respectively.

    Effective date note
    Amendment 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.

  3. Department of Commerce Appropriations Act, 2023

    Pub. L. 117–328 § 108(a)(1) · 136 Stat. 4459

    1. Inserted · 3 U.S.C. § 12

      Pub. L. 117–328, § 108(a)(1)–(4), (6)–(8), inserted “, after the meeting of the electors shall have been held,” after “When”

    2. Struck · 3 U.S.C. § 12

      Pub. L. 117–328, § 108(a)(1)–(4), (6)–(8), struck out “and list” after “certificate of vote” and after “send up the certificate”

    3. Substituted · 3 U.S.C. § 12

      Pub. L. 117–328, § 108(a)(1)–(4), (6)–(8), substituted “in December,” for “in December, after the meeting of the electors shall have been held,”

    4. Substituted · 3 U.S.C. § 12

      Pub. L. 117–328, § 108(a)(1)–(4), (6)–(8), substituted “or, if the President of the Senate be absent” for “or, if he be absent”

    5. Substituted · 3 U.S.C. § 12

      Pub. L. 117–328, § 108(a)(1)–(4), (6)–(8), substituted “lodged with such officer” for “lodged with him”

    6. Substituted · 3 U.S.C. § 12

      Pub. L. 117–328, § 108(a)(1)–(4), (6)–(8), substituted “the duty of such chief election officer of the State” for “his duty”

    7. Substituted · 3 U.S.C. § 12

      Pub. L. 117–328, § 108(a)(1)–(4), (6)–(8), substituted “by the most expeditious method available” for “by registered mail”

    Source evidence

    Code amendment note
    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”.

    Enacted provision · exact public law section
    Sec. 108. The National Technical Information Service shall not charge any customer for a copy of any report or document generated by the Legislative Branch unless the Service has provided information to the customer on how an electronic copy of such report or document may be accessed and downloaded for free online. Should Fee. a customer still require the Service to provide a printed or digital copy of the report or document, the charge shall be limited to recovering the Service’s cost of processing, reproducing, and delivering such report or document.

  4. Department of Commerce Appropriations Act, 2023

    Pub. L. 117–328 § 108(a)(5) · 136 Stat. 4459

    Substituted · 3 U.S.C. § 12

    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

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    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.

    Enacted provision · exact public law section
    Sec. 108. The National Technical Information Service shall not charge any customer for a copy of any report or document generated by the Legislative Branch unless the Service has provided information to the customer on how an electronic copy of such report or document may be accessed and downloaded for free online. Should Fee. a customer still require the Service to provide a printed or digital copy of the report or document, the charge shall be limited to recovering the Service’s cost of processing, reproducing, and delivering such report or document.

9 of 10 references resolved to an enrolled provision · 1 partial

Editorial Notes

Amendments1951–2022 · 3 rounds

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 , 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 Amendment

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

Credits

1948–2022 · 4 acts
  1. 1948June 25, 1948, ch. 644, 62 Stat. 674
  2. 1951Oct. 31, 1951, ch. 655, § 8, 65 Stat. 712
  3. 1984Pub. L. 98–497, title I, § 107(e)(1), (2)(B), , 98 Stat. 2291
  4. 2022Pub. L. 117–328, div. P, title I, § 108(a), , 136 Stat. 5237.
Show as published

(June 25, 1948, ch. 644, 62 Stat. 674; Oct. 31, 1951, ch. 655, § 8, 65 Stat. 712; Pub. L. 98–497, title I, § 107(e)(1), (2)(B), , 98 Stat. 2291; Pub. L. 117–328, div. P, title I, § 108(a), , 136 Stat. 5237.)

Parsed from the official OLRC USLM XML in data/usc_all/usc03.xml · release point 119-108 · OLRC build 2026-03-26

USLM identifier /us/usc/t3/s12