The third and fourth paragraphs of Article II, Section I, of the Constitution of the United States, are hereby repealed.
The third and fourth paragraphs of Article II, Section I, of the Constitution of the United States is hereby superseded as follows:
Legally eligible voters in their respective States shall vote by Ballot for two Persons. Each State shall make a List of all the Persons voted for, and the Number of Votes for each; which List they shall certify and transmit sealed to the Seat of Government of the United States, directed by the President of the Senate. The President of the Senate shall, in the Presence of the Senate and House of Representatives, open all the Certificates, and the Votes shall be counted. The Person having the greatest Number of Votes shall be the President, if such Number be a Majority of the whole Number of Popular Votes counted; and if there be more than one who have such Majority, and have an equal Number of Votes, then the House of Representatives shall immediately choose by Ballot one of them for President; and if no Person have a Majority, then the five highest on the List the said House shall in like Manner chuse the President. In every Case, after the Choice of the President, the Person having the greatest Number of Popular Votes shall be the Vice President. But if there should remain two or more who have equal Votes, the Senate shall chuse from them by Ballot the Vice President.
The Congress may determine the Day on which the Vote is counted; which Day shall be the same throughout the United States.
Proposed AMENDMENT (XXVIII) to the Constitution of the United States