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How the Constitution Is Out of Sync With Current Elections | New Jersey Law Journal - Law.com

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Election of the president of the United States may be more complex than most people realize. Under Article II, Section 1, of the United States Constitution, each state has the number of electors equal to their representation in Congress appointed in a manner established by the state legislature. Under the 12th Amendment, electors vote for president and vice president, and the candidate who receives the greatest number of votes for president is elected president if he receives a majority vote of the electors. However, “if no person have such majority,” the House of Representatives shall chose among the three candidates receiving the highest number of votes. “But in choosing the President, the votes shall be taken by states, the representation from each state having one vote … and a majority of all the states shall be necessary to a choice.”

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October 25, 2020 at 09:00PM
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How the Constitution Is Out of Sync With Current Elections | New Jersey Law Journal - Law.com
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