A joint resolution proposing an amendment to the Constitution to provide for the direct popular election of the President and Vice President of the United States.
Latest action. Committee on Judiciary received executive comment from Office of the Attorney GeneralThe head of the Justice Department and the government's chief lawyer: supervises federal prosecutions, represents the United States, and advises the President on law.Read the full definition (opens a new tab).
Constitutional Amendment - Provides that the people of the several States, and the District of Columbia shall elect the President and Vice President. Requires each elector to cast a single vote for two persons who shall have consented to the joining of their names as candidates for the offices of President and Vice President. Requires the electors of President and Vice President in each State to have the qualifications requisite for electors of the most numerous branch of the State legislature, except that for electors of President and Vice President, the legislature of any State may prescribe less restrictive residence qualifications and for electors of President and Vice President the Congress may establish uniform residence qualifications. Provides that: (1) the pair of persons having the greatest number of votes for President and Vice President shall be elected, if such number is at least 40 percent of the whole number of votes cast; and (2) if no pair of persons has such number, a runoff election shall be held in which the choice of President and Vice President shall be made from the two pairs of persons who received the highest numbers of votes. Requires the days for such elections to be determined by Congress and to be uniform throughout the United States. Requires Congress to prescribe by law the time, place, and manner in which the results for such elections shall be ascertained and declared. Allows Congress to provide for the case of the death, inability, or withdrawal of any candidate for President or Vice President before a President and Vice President have been elected, and for the case of the death of both the President-elect and Vice President-elect.
Written by analysts at the Congressional Research Service and published on Congress.gov, not by Civibrief. Summarized at the "Introduced in Senate" stage on January 5, 1981. It describes the bill, it is not the legal text.
Where is it in the process, and what happens next?
4 steps remain before this joint resolution could become law.
The record's latest action, on June 23, 1982: Committee on Judiciary received executive comment from Office of the Attorney General.
- Clearing the committees it was referred to, and being scheduled for a floor vote
- Passage by the Senate
- Passage by the House
- The President's signature. If the President vetoes it, two-thirds of both chambers must vote to override.
What is a joint resolution, exactly?
A joint resolution travels the same road as a bill: both chambers pass it and the President signs it, and it then has the same force as any other law. The label is largely a matter of custom, often used for narrow or time-limited measures.
One exception matters. A joint resolution proposing an amendment to the Constitution is not sent to the President at all. It goes to the states, and three quarters of them have to ratify it.
How likely is it to become law?
Civibrief does not forecast outcomes and this page has no opinion about this one. What the record supports is a base rate, which is a fact about the whole pile, not a prediction about this measure.
In the 97th Congress (1981-82), 473 of the 11,489 bills and joint resolutions introduced became law, about 4.1 percent. That count covers every measure at every stage, including the many that never left committee.
This one is not there yet: 4 steps are still outstanding, listed above.
Has anyone actually voted on it?
No. No roll call in this Congress cites this measure. That is the ordinary outcome: most measures never reach a recorded floor vote, and a committee ends most of them simply by not acting.
A vote is not the only thing that happens to a measure. Hearings, markups, and referrals are all recorded actions, and none of them is a vote of the full chamber.
Who is behind it?
DAVID PRYOR (D-AR) introduced it on January 5, 1981, and 22 members have since signed on as cosponsors.
They come from both major parties: 17 Democrats, 5 Republicans.
Cosponsoring is a formal signature on the text. It is not a commitment to vote for the measure, it does not bind anyone's party, and a long list of cosponsors is a measure of attention rather than of prospects.
How long has it been in play?
It was introduced on January 5, 1981, 16684 days ago. The most recent recorded action was 16150 days ago, on June 23, 1982.
Measures do not carry over. Anything the 97th Congress has not finished by January 3, 1983 dies when the term ends, and has to be introduced again from the start in the next Congress.
Every answer above is assembled from this measure's own record on Congress.gov and from published counts of what Congress has passed before. Civibrief does not predict outcomes and takes no position on any measure.
Vote history
- SenateIn committee, no floor vote yet
- HouseAwaits Senate passage
- PresidentAwaits both chambers