Overview
Title
Proposing an amendment to the Constitution of the United States to abolish the electoral college and to provide for the direct election of the President and Vice President of the United States.
ELI5 AI
This bill wants to change how we pick the President and Vice President by letting everyone in the country vote for them directly, instead of using special voters called the electoral college. The person with the most votes would win, and some new rules would be made to solve any problems, like if two teams tied with the same number of votes.
Summary AI
S. J. RES. 121 proposes to change the U.S. Constitution to eliminate the electoral college system and establish direct elections for the President and Vice President of the United States. Voters would cast one vote for a pair of candidates running together for both offices. The candidates receiving the most votes would win the election, and Congress would be allowed to make laws to address any issues such as candidate disqualifications or ties. This amendment would come into effect one year after being ratified by three-fourths of the state legislatures.
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AnalysisAI
Summary of the Bill
A joint resolution has been put forth in the U.S. Senate proposing a significant amendment to the Constitution. This amendment aims to abolish the electoral college system and replace it with a direct election for the President and Vice President of the United States. Under the proposed system, voters across the nation would cast their votes directly for a paired presidential and vice-presidential candidate, and the pair with the most votes would win the election.
Significant Issues
The resolution raises several notable issues that could affect its implementation and impact:
Uncertainty in Voting Process: Section 2 of the amendment lacks clarity on how voters should cast their votes. It remains ambiguous whether a single vote is for the presidential-vice-presidential pair jointly or if voters select them independently. This vagueness could lead to confusion among voters and election officials.
Candidate Consent Clarity: There is ambiguity regarding how candidates express or document their consent to run together. Understanding and recording this consent process is crucial to avoid disputes.
Resolution of Election Ties: The amendment omits clear guidance on handling ties in electoral outcomes, a scenario that could lead to significant disputes and ambiguity in election legitimacy.
Candidates' Death or Disqualification: The resolution provides Congress with the responsibility to address situations where candidates might die or become disqualified before taking office. However, it lacks detailed procedures for addressing these situations, which poses potential governance challenges.
Implementation Timeline: The amendment's intended timeline for becoming effective is unclear. The lack of specificity regarding ratification and the activation of the amendment could generate uncertainty in the transition to the new election process.
Broad Public Impact
If ratified, this amendment would fundamentally change how Americans elect their highest executive officials. By bypassing the electoral college, the proposed system seeks to ensure that the individual who receives the most votes nationwide becomes President, potentially addressing concerns about the current system's democratic representativeness. The idea is to enhance fairness in presidential elections by ensuring that each vote carries equal weight regardless of state borders.
Impact on Specific Stakeholders
Voters: The general public might experience a more straightforward electoral process, potentially reducing cynicism about the influence of the electoral college. Removing the system could ensure that candidates need to engage with voters nationwide rather than focusing on swing states.
Candidates and Political Parties: Presidential and vice-presidential campaigns might become more national in scope, urging candidates to seek support across the entire nation rather than focusing heavily on battleground states. This could alter campaign strategies, including voter outreach and resource allocation.
Election Officials and Policymakers: The transition could require substantial changes to existing election infrastructure and legal frameworks. If details remain ambiguous, this could create implementation challenges for election administrators who oversee and manage elections at both state and national levels.
State Governments: The amendment would diminish states' roles in determining the President, as election outcomes would be determined by the nationwide popular vote rather than state-by-state electoral votes. This shift could spark debate over federalism and states' influence in federal elections.
Overall, while the proposed amendment aims to simplify the presidential election process and empower the popular vote, several issues need resolving to ensure a smooth transition and effective implementation. Addressing ambiguities and procedural uncertainties is crucial to maintain confidence in electoral integrity and ensure the amendment achieves its intended goals.
Issues
The process for casting votes for President and Vice President is unclear (Section 2). It is not specified whether voters cast a single vote for both positions combined or separately, which could lead to confusion in the voting process.
There is ambiguity around the consent documentation for candidates (Section 2). The phrase 'consented to the joining of their names' is not explicit about how such consent is demonstrated or recorded, potentially leading to disputes or misunderstandings.
The resolution does not specify how ties between candidates will be resolved (Section 3 and possibly Section 4). This could lead to legal or procedural confusion in the event of a tie in votes.
Procedures in case of death or disqualification of candidates are vague (Section 4). The resolution lacks clarity on how such situations are handled, posing potential governance and procedural issues.
The timeline for the amendment's implementation is unclear (Section 5). This lack of clarity might create uncertainty regarding when the new rules take effect, affecting election planning and administration.
Ambiguity concerning election oversight and certification (Section 3). The proposed amendment does not specify who is responsible for certifying results or ensuring their legality, potentially impacting the legitimacy and trust in election outcomes.
Sections
Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.
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Summary AI
The proposed amendment outlines changes to the election process for the President and Vice President. It states that these officials will be elected by the people, each voter will cast one vote for a pair of candidates, and the pair with the most votes wins. The amendment also allows Congress to set rules for what happens if a candidate dies or is disqualified before officially taking office and mentions that it will take effect a year after ratification.
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Summary AI
The President and Vice President are chosen through an election by the people in each state and the area that serves as the nation's capital.
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Summary AI
Each voter is allowed to cast one vote for a pair of candidates who have agreed to run together for the positions of President and Vice President.
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Summary AI
The section describes that the candidates who receive the most votes for the positions of President and Vice President will be declared the winners of the election.
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Summary AI
Congress can make laws to handle situations where a candidate for President or Vice President dies or cannot serve before the President-elect or Vice President-elect is chosen, and also to address ties in elections.
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Summary AI
The article will become effective one year after January 1st following its approval.