Skip to main content
Amendments

The Twelfth Amendment

Election of president and vice president.

Share
Feature Amendment - 12

Ratified in 1804, the Twelfth Amendment fundamentally altered how the executive is elected to prevent ties in presidential elections. Plus, it stopped rival parties from working simultaneously as president and vice president.

Amendment XII

The Electors shall meet in their respective states and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same state with themselves; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice-President, and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice-President, and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to 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 then be counted; -- The person having the greatest number of votes for President, shall be the President, if such number be a majority of the whole number of Electors appointed; and if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President. But in choosing the President, the votes shall be taken by states, the representation from each state having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice. And if the House of Representatives shall not choose a President whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice-President shall act as President, as in the case of the death or other constitutional disability of the President. -- The person having the greatest number of votes as Vice-President, shall be the Vice-President, if such number be a majority of the whole number of Electors appointed, and if no person have a majority, then from the two highest numbers on the list, the Senate shall choose the Vice-President; a quorum for the purpose shall consist of two-thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States.

The Twelfth Amendment changed part of Article II, Section 1 of the Constitution so that members of the Electoral College must cast separate votes for president and vice president, rather than voting for two presidential candidates on a single ballot. This amendment was inspired by the election of 1800, when Thomas Jefferson tied with Aaron Burr. The contest then went to the House of Representatives. After 36 rounds of voting, the House finally reached a majority, awarding Thomas Jefferson the presidency. This amendment also ensures that elected presidents and vice presidents are not from different political alignments.

Notably, the Twentieth Amendment replaced part of the Twelfth by changing the dates on which presidential terms and congressional sessions began. The Twentieth further altered the Twelfth by declaring that if the president-elect dies before Inauguration Day, the vice president-elect will be sworn in as president on that day and serve the full four-year term.

Share

Know someone who should read this?

Written by

Generation Liberty Staff

Read next

The Eleventh Amendment

News, civics, and history for the next generation, grounded in America’s founding principles.

Donor Supported

Generation Liberty is free because people who value its purpose pay for it.

You can donate, too.

Donate
© 2026 A Project of One Generation Away