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353, and amended Mar. 10, 1928, ch. 167, § 23 (a), 45 Stat. 279: June 18. 1940, ch. 396, § 1, 54 Stat. 472; Sept. 20. 1941, ch. 412, title VI, S 602, 55 Stat. 726; Oct. 15, 1949, ch. 695, $ 6 (c), 63 Stat. 881; Aug. 5, 1955, ch. 568. $$ 9, 101, 69 Stat. 509, 514; July 1, 1957, Pub. L. 85–75, $ 101, 71 Stat. 250.

REFERENCES IN TEXT Section 4 (C) of the Federal Employees Salary Increase Act of 1955, referred to in the text, is classified as a note under section 60a of this title.

employ and fix the compensation of such assistant counsel, clerks, and other employees, and purchase such furniture, office equipment, books, stationery. and other supplies, as may be necessary for the proper performance of the duties of the office and as may be appropriated for by Congress. (Feb. 24, 1919, ch. 18, § 1303 (a), (d), 40 Stat. 1141; June 2, 1924, ch. 234, § 1101, 43 Stat. 353; Sept. 20, 1941. ch. 412, title VI, Š 602, 55 Stat. 726.)

AMENDMENTS 1941-Act Sept. 20, 1941, amended section, substituting "President pro tempore of the Senate" for "President of the Senate."

SENIOR COUNSEL Section 101 of Pub. L. 85–75, July 1, 1957, 71 Stat. 251, provided in part that: "No more than three employees in the Office of the Legislative Counsel of the Senate may be designated as Senior Counsel, whose compensation shall be $15,500 gross per annum each."

INCREASE IN COMPENSATION OF SENIOR COUNSEL Rate of gross compensation of Senior Counsel in the Office of the Legislative Counsel of the Senate increased by 10 per centum in 1958, see note set out under section 60a of this title.

CROSS REFERENCES Increase in basic compensation rates, see section 931 of Title 5, Executive Departments and Government Officers and Employees.

Temporary additional compensation, see section 932 of Title 5, Executive Departments and Government Officers and Employees.

AMENDMENTS 1957—Pub. L. 85-75 increased the gross compensation of the Legislative Counsel of the Senate from $15,500 to $17,500 per annum.

1955-Act Aug. 5, 1955, increased the compensation of the legislative counsel of the Senate from a basic compensation of $12,000, to a gross annual compensation of $15,500, and the compensation of the legislative counsel of the House was increased from a basic compensation of $12,000 to an annual rate of compensation of $15,000 increased by the percentage set forth in section 4 (c) of the Federal Employees Salary Increase Act of 1955.

1949-Act Oct. 15, 1949, increased the compensation of the legislative counsel of both House and the Senate from $10,000 to $12,000 per annum.

1941—Act Sept. 20, 1941, amended section, substituting "President pro tempore of the Senate" for "President of the Senate."

EFFECTIVE DATE OF 1957 AMENDMENT Section 101 of Pub. L. 85–75 provided in part that the increase in the gross compensation of the Legislative Counsel of the Senate should be effective July 1, 1957.

EFFECTIVE DATE OF 1949 AMENDMENT Section 9 of act Oct. 15, 1949, provided that: “This Act shall take effect on the first day of the first pay period which begins after the date of enactment of this Act

Oct. 15, 1949)." GROSS ANNUAL COMPENSATION OF LEGISLATIVE COUNSEL OF

HOUSE OF REPRESENTATIVES Pub. L. 85-462, $4 (m), June 20, 1958, 72 Stat. 209, provided that: “The rate of gross annual compensation of the Legislative Counsel of the House of Representatives shall be an amount which is equal to the rate of gross annual compensation of the Legislative Counsel of the Senate on the day following the effective date of this subsection."

"The effective date of this subsection", referred to above, is the first day of the first pay period which began on or after January 1, 1958. See note set out under section 1113 of Title 5, Executive Departments and Government Officers and Employees. INCREASE IN COMPENSATION OF LEGISLATIVE COUNSEL OF

THE SENATE Rate of gross compensation of Legislative Counsel of the Senate increased by 10 per centum in 1958, see note set out under section 60a of this title.

COMPENSATION OF LEGISLATIVE COUNSEL OF THE SENATE

Act June 18, 1940, contained the following provision: "hereafter the compensation of the Legislative Counsel of the Senate shall be at the rate of $10,000 per annum so long as the position is held by the present, incumbent."

CROSS REFERENCES Increase in basic compensation rates, see section 931 of Title 5, Executive Departments and Government Officers and Ernployees.

Temporary additional compensation, see section 932 of Title 5, Executive Departments and Government Officers and Employees.

§ 275. Duties of office; rules and regulations.

The office of the legislative counsel shall aid in drafting public bills and resolutions or amendments. thereto on the request of any committee of either House of Congress, but the Committee on Rules and Administration of the Senate and the Committee on House Administration of the House of Representatives, respectively, may determine the preference, if any, to be given to such requests of the committees of either House, respectively. The legislative counsel shall, from time to time, prescribe rules and regulations for the conduct of the work of the office for the committees of each House, subject to the approval of such Committee of each House, respectively. (Feb. 24, 1919, ch. 18, $ 1303 (b), (d). 40 Stat, 1141; June 2, 1924, ch. 234, $ 1101, 43 Stat. 353; Aug. 2, 1946, ch. 753, $$ 102, 121, 60 Stat. 814, 822.)

AMENDMENTS 1946—Act Aug. 2, 1946, amended section, substituting "Committee on Rules and Administration" for "Library Committee of the Senate" and "Committee on House Administration" for "Library Committee of the House of Representatives".

$ 276. Disbursement of appropriations.

One-half of all appropriations for the office of the legislative counsel shall be disbursed by the Secretary of the Senate and one-half by the Cierk of the House of Representatives. (Feb. 24, 1919, ch. 18, $ 1303 (c), (d), 40 Stat. 1141; June 2, 1924, ch. 234, § 1101, 43 Stat. 353.)

8 274. Assistant legislative counsel; clerks and em

ployees; office equipment and supplies. The legislative counsel shall, subject to the approval of the President pro tempore of the Senate and the Speaker of the House of Representatives,

$ 277. Official mail matter.

The legislative counsel shall have the same privilege of free transmission of official mail matter as other officers of the United States Government. (Feb. 24, 1919, ch. 18, § 1303 (d), 40 Stat. 1141; June 2, 1924, ch. 234, § 1101, 43 Stat. 353.)

TITLE 3.—THE PRESIDENT

This title was enacted into law by act June 25, 1948, ch. 644, § 1, 62 Stat. 672

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107

Chap.

Sec. 1. Presidential elections and vacancies........ 2. Office and compensation of President....... 101 3. Protection of the President; the White House

Police..... 4. Delegation of Functions..

........ AMENDMENTS 1951—Title analysis amended by act Oct. 31, 1951, ch 655, $ 4, 65 Stat. 711, to add item 4.

POSITIVE LAW; CITATION This title has been made positive law by section 1 of act June 25, 1948, ch. 644, 62 Stat. 672, which provided in part that: “Title 3 of the United States Code, entitled 'The President', is codified and enacted into positive law and may be cited as '3 U. 8. C., $ -'"

SAVINGS CLAUSE Section 2 of act June 25, 1948, provided that: “The provisions of title 8, 'The President', set out in section 1 of this Act, shall be construed as a continuation of existing law and no loss of rights, Interruption of jurisdiction, nor prejudice to matters pending on the effective date of this Act shall result from its enactment."

REPEALS Section 3 of act June 25, 1948, provided that the sections or parts thereof of the Statutes at Large or the Revised Statutes covering provisions codified in this Act are repealed insofar as such provisions appeared in this title of the U. S. C. 1940 edition.

PRIOR REPEALS Former sections 21 and 22 relating to performance of presidential duties in absence of both the President and Vice President were repealed by act July 18, 1947, ch. 264, $1 (8), 61 Stat. 381.

Title 3 Revised Statutes

neu Statutes at Large

sections R. S. $ 151... July 18, 1947, ch. 264, § 1(a-I), 61 Stat. 380, 381. 19 July 26, 1947, ch. 343, š 311, 61 Stat. 509. R. S. $152... June 5, 1934, ch. 390, $ 1, 48 Stat. 879. R. S. 153 .

102 Mar. 4, 1909, ch. 297, 81, 35 Stat. 859. June 23, 1906, ch. 3523, 34 Stat. 454........

103 Aug. 2, 1946, ch. 744, $ 17(c), 60 Stat. 811. R.S. 6 154.... Feb. 26, 1907, ch, 1635, $4, 34 Stat. 993. Mar. 4, 1925, ch. 549, 64, 43 Stat. 1301. Aug. 2, 1946, ch. 753, 6601(8), 60 Stat. 850. Apr. 22, 1926, ch. 171, § 1, 44 Stat. 305.....

105 Apr. 3, 1939, ch. 36, 6301, 53 Stat. 565..

106 June 12, 1922, ch. 218, 42 Stat, 636.. Feb. 13, 1923, ch. 72, 42 Stat. 1227. June 7, 1924, ch. 292, 41, 43 Stat. 521. Mar. 3, 1925, ch. 468, § 1, 43 Stat. 1198, 1199. Apr. 22, 1926, ch. 171, { 1, 44 Stat. 305. Feb. 11, 1927, ch. 104, Š 1, 44 Stat. 1089. May 16, 1928, ch. 580, 81, 45 Stat. 573. Feb. 20, 1929, ch. 270, 41, 45 Stat. 1230. Apr. 19, 1930, ch. 201, 61, 46 Stat. 229. Feb. 23, 1931, ch. 281, 1, 46 Stat. 1355. June 30, 1932, ch. 330, < 1, 47 Stat. 452. June 16, 1933, ch. 101, 61, 48 Stat. 284. Mar. 8, 1934, chi 102, 3 , 48 Stat. 509. Feb. 2, 1935, ch. 3, $ 1, 49 Stat. 6. Mar. 19, 1936, ch. 156. & 1, 49 Stat. 1148. June 28, 1937, ch. 396, 61, 50 Stat. 350. May 23, 1938, ch. 259, Š 1, 52 Stat. 411. Mar. 16, 1939, ch. 11, 51, 53 Stat. 524. Apr. 8, 1940, ch. 107, 61, 54 Stat. 112. Apr. 5, 1941, ch. 40, 1, 55 Stat. 93. June 27, 1942, ch. 450, < 1, 56 Stat. 392. June 26, 1943, ch. 145, 101, 57 Stat. 169. June 27, 1944, ch. 286, 101, 58 Stat. 361. May 3, 1945, ch. 106, 101, 59 Stat. 106. Mar. 28, 1946, ch. 113, & 101, 60 Stat. 61. Mar. 4, 1911, ch. 285, § 1, 36 Stat. 1404...

108 June 25, 1910, ch. 384, 9, 36 Stat. 773..

109 R. S. $ 1829..

110 Feb. 26, 1925, ch. 377, 88 1, 2, 43 Stat. 1091,---R. 8. $ 1832.--.------

109

-
R. S. S 1833............ .. ..-----------
R. S. 1834..
June 23, 1913, ch. 3, 81, 38 Stat. 23.

201 June 9, 1941, ch. 189, 55 Stat. 247. Sept. 14, 1922, ch, 308, § 1, 42 Stat. 841..-.

202 May 14, 1930, ch. 277, 61, 46 Stat. 328. Sept. 14, 1922, ch. 308. & 2, 42 Stat. 841. May 14, 1930, ch. 277, 62, 46 Stat. 328. May 28, 1935, ch. 154, 49 Stat. 304. Apr. 22, 1940, ch. 133, 54 Stat. 156. June 9, 1947, ch. 102, 61 Stat. 132. Oct. 9, 1942, ch. 582, S1, 56 Stat. 778.. Oct. 9, 1942, ch. 582, & 2, 56 Stat. 778. Sept. 14, 1922, ch. 368, 63, 42 Stat. 842. May 14, 1930, ch. 277, 3, 46 Stat. 328. Sept. 14, 1922, ch. 308, $ 4, 42 Stat. 842. Sept. 14, 1922, ch. 308, 65, 42 Stat. 842. Sept. 14, 1922, ch. 308, Š 6, 42 Stat. 842. Sept. 14, 1922, ch. 308, Š 7, 42 Stat. 843. May 14, 1930, ch. 277, 84, 46 Stat. 329.

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TARLE I Showing where former sections of Title 3 and the laws from which such

former sections were derived, have been incorporated in revised Title 3 Titles

Tilles for TheT Revised Statutes

пер sections Statutes at Large

sections
R. S. 131..
R.S. 132............... ........ ....
R.S. & 133.-..
R.S. 134.
Feb. 3. 1887, ch. 90, $1, 24 Stat. 373.....
May 29, 1928, ch. 859, § 1, 45 Stat. 945...
June 5, 1934, ch. 390, 86 (a), 48 Stat. 879.
Feb. 3, 1887, ch, 90, $ 2, 24 Stat. 373...-
Feb. 3, 1887, ch. 90, 43, 24 Stat. 373...
May 29, 1928, ch.859, 62, 45 Stat. 946..

R. Š. & 137... 9....

R. S. 138. 98...

May 29, 1928, ch. 859, $ 3, 45 Stat. 946 -
10...
11...-

R.S. $140.-...
Oct. 19, 1888, ch. 1216, $ 1,25 Stat. 613.**

May 29, 1928, ch. 859, 64, 45 Stat. 946
lib... May 29, 1928, ch.859, 5, 45 Stat. 946...

June 5, 1934, ch. 390, 86(b), 48 Stat. 879.
May 29, 1928, ch. 859, 40, 45 Stat. 946...
June 5, 1934, ch. 390, 6(c), 48 Stat. 879.
Oct. 19, 1888, ch. 1216, $ 1,25 Stat. 613..
R, 8. $141..
Oct. 19, 1888, ch. 1216, 1 2, 25 Stat. 613.
R. 8. 143.
R. S. 144.......
R.S. 145..
Feb. 3, 1887, ch. 90, 94, 24 Stat. 373...
June 5, 1934, ch.390, 87, 48 Stat. 879.
Feb. 3, 1887, ch. 90, 35, 24 Stat. 374.
Feb. 3, 1887, ch. 90, X6, 24 Stat. 375.
Feb. 3, 1887, ch. 90, 67, 24 Stat. 375.
Jan. 19, 1886, ch. 4, 61, 24 Stat. 1...

Jan. 19, 1886, ch. 4, (2, 24 Stat. 1..
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Chapter 1.-PRESIDENTIAL ELECTIONS AND

VACANCIES Sec.

Time of appointing electors. 2. Failure to make choice on prescribed day.

Number of electors.

Vacancies in electoral college. 5. Determination of controversy as to appointment of

electors. 6. Credentials of electors; transmission to Adminis

trators of General Services and to Congress;

public inspection.
7. Meeting and vote of electors.

Manner of voting.
Certificates of votes for President and Vice Presi-

dent.
10. Sealing and endorsing certificates.

Disposition of certificates.

of the electors appointed by such State is concerned. (June 25, 1948, ch. 644, 62 Stat. 673.) (June 25. 1948 ch sa

Sec. 12. Failure of certificates of electors to reach President

of Senate or Administrator of General Services;

demanded on State for certificate. 13. Same; demand on district Judge for certificate. 14. Forfeiture for messenger's neglect of duty. 15. Counting electorial votes in Congress. 16. Same; seats for officers and Members of two Houses

in joint meeting. 17. Same; limit of debate in each House. 18. Same; parliamentary procedure at joint meeting. 19. Vacancy in offices of both President and Vice Presi

dent; oficers eligible to act. 20. Resignation or refusal of office.

AMENDMENTS 1951-Analysis amended by act Oct. 31, 1951, ch. 655 $ 5, 65 Stat. 711, which, in items 6 and 12, substituted “Administrator of General Services" for "Secretary of State".

§ 1. Time of appointing electors.

The electors of President and Vice President shall be appointed, in each State, on the Tuesday next after the first Monday in November, in every fourth year succeeding every election of a President and Vice President. (June 25, 1948, ch. 644, 62 Stat. 672.)

8 2. Failure to make choice on prescribed day.

Whenever any State has held an election for the purpose of choosing electors, and has failed to make a choice on the day prescribed by law, the electors may be appointed on a subsequent day in such a manner as the legislature of such State may direct. (June 25, 1948, ch. 644, 62 Stat. 672.)

83. Number of electors.

The number of electors shall be equal to the number of Senators and Representatives to which the several States are by law entitled at the time when the President and Vice President to be chosen come into office; except, that where no apportionment of Representatives has been made after any enumeration, at the time of choosing electors, the number of electors shall be according to the then existing apportionment of Senators and Representatives. (June 25, 1948, ch. 644, 62 Stat. 672.)

86. Credentials of electors; transmission to Admin

istrator of General Services and to Congress;

public inspection. It shall be the duty of the executive of each State, as soon as practicable after the conclusion of the appointment of the electors in such State by the final ascertainment, under and in pursuance of the laws of such state providing for such ascertainment, to communicate by registered mail under the seal of the State to the Administrator of General Sery. ices a certificate of such ascertainment of the electors appointed, setting forth the names of such electors and the canvass or other ascertainment under the laws of such State of the number of votes given or cast for each person for whose appointment any and all votes have been given or cast; and it shall also thereupon be the duty of the executive of each State to deliver to the electors of such State, on or before the day on which they are required by section 7 of this title to meet, six duplicate-originals of the same certificate under the seal of the State; and if there shall have been any final determination in a state in the manner provided for by law of a controversy or contest concerning the appointment of all or any of the electors of such State, it shall be the duty of the executive of such State, as soon as practicable after such determination, to communicate under the seal of the State to the Administrator of General Services a certificate of such determination in form and manner as the same shall have been made; and the certificate or certificates so received by the Administrator of General Services shall be preserved by him for one year and shall be a part of the public records of his office and shall be open to public inspection; and the Administrator of General Services at the first meeting of Congress thereafter shall transmit to the two Houses of Congress copies in full of each and every such certificate so received at the General Services Administration. (June 25, 1948, ch. 644, 62 Stat. 673; Oct. 31, 1951, ch. 655, $ 6, 65 Stat. 711.)

AMENDMENTS 1951-Act Oct. 31, 1951, amended section, substituting "Administrator of General Services" for "Secretary of State" in catchline and several places in the text, and for "Secretary of State of the United States" in one place in text, and “General Services Administration" for "State Department".

TRANSFER OF FUNCTIONS Functions of the Secretary of State and Department of State under this section were transferred to the Administrator of General Services by section 1 of 1950 Reorg. Plan No. 20, eff. May 24, 1950, 15 F. R. 3178, 64 Stat. 1272, set out in note under section 1332–15 of Title 5, Executive Departments and Government Officers and Employees. Section 3 of that Plan vested power in the Administrator of General Services to delegate any of the transferred functions to any other officer, or to any agency or employee, of the General Services Administration. For transfer of records, property, personnel, and funds, see section 4 of such Plan. 87. Meeting and vote of electors.

The electors of President and Vice President of each State shall meet and give their votes on the first Monday after the second Wednesday in December

§ 4. Vacancies in electoral college.

Each State may, by law, provide for the filling of any vacancies which may occur in its college of electors when such college meets to give its electoral vote. (June 25, 1948, ch. 644, 62 Stat. 673.) 85. Determination of controversy as to appointment

of electors. If any State shall have provided, by laws enacted prior to the day fixed for the appointment of the electors, for its final determination of any controversy or contest concerning the appointment of all or any of the electors of such State, by judicial or other methods or procedures, and such determination shall have been made at least six days before the time fixed for the meeting of the electors, such determination made pursuant to such law so existing on said day, and made at least six days prior to said time of meeting of the electors, shall be conclusive, and shall govern in the counting of the electoral votes as provided in the Constitution, and as hereinafter regulated, so far as the ascertainment

next following their appointment at such place in each State as the legislature of such State shall direct. (June 25, 1948, ch. 644, 62 Stat. 673.)

the transferred functions to any other officer, or to any agency or employee, of the General Services Administration. For transfer of records, property, personnel, and funds, see section 4 of such Plan.

88. Manner of voting.

The electors shall vote for President and Vice President, respectively, in the manner directed by the Constitution. (June 25, 1948, ch. 644, 62 Stat. 674.)

$9. Certificates of votes for President and Vice Pres

ident. The electors shall make and sign six certificates of all the votes given by them, each of which certificates shall contain two distinct lists, one of the votes for President and the other of the votes for Vice President, and shall annex to each of the certificates one of the lists of the electors which shall have been furnished to them by direction of the executive of the State. (June 25, 1948, ch. 644, 62 Stat. 674.)

§ 10. Sealing and endorsing certificates.

The electors shall seal up the certificates so made by them, and certify upon each that the lists of all the votes of such State given for President, and of all the votes given for Vice President, are contained therein. (June 25, 1948, ch. 644, 62 Stat. 674.)

§ 12. Failure of certificates of electors to reach Presi.

dent of Senate or Administrator of General Serv

ices; demand on State for certificate. When no certificate of vote and list mentioned in sections 9 and 11 of this title from any State shall have been received by the President of the Senate or by the Administrator of General Services by the fourth Wednesday in December, after the meeting of the electors shall have been held, the President of the Senate or, if he be absent from the seat of government, the Administrator of General Services shall request, by the most expeditious method available, the secretary of state of the State to send up the certificate and list lodged with him by the electors of such State; and it shall be his duty upon receipt of such request immediately to transmit same by registered mail to the President of the Senate at the seat of government. (June 25, 1948, ch. 644, 62 Stat. 674; Oct. 31, 1951, ch. 655, $ 8, 65 Stat. 712.)

AMENDMENTS 1951–Act Oct. 31, 1951, amended section, substituting, in catchline and two places in the text, "Administrator of General Services" for "Secretary of State".

TRANSFER OF FUNCTIONS Functions of the Secretary of State and Department of State under this section were transferred to the Administrator of General Services by section 1 of 1950 Reorg. Plan No. 20, eff. May 24, 1950, 15 F. R. 3178, 64 Stat. 1272, set out in note under section 1332–15 of Title 5, Executive Departments and Government Officers and Employees. Section 3 of that Plan vested power in the Administrator of General Services to delegate any of the transferred functions to any other officer, or to any agency or employee, of the General Services Administration. For transfer of records, property, personnel, and funds, see section 4 of such Plan.

$ 11. Disposition of certificates.

The electors shall dispose of the certificates so made by them and the lists attached thereto in the following manner:

First. They shall forthwith forward by registered mail one of the same to the President of the Senate at the seat of government.

Second. Two of the same shall be delivered to the secretary of state of the State, one of which shall be held subject to the order of the President of the Senate, the other to be preserved by him for one year and shall be a part of the public records of his office and shall be open to public inspection.

Third. On the day thereafter they shall forward by registered mail two of such certificates and lists to the Administrator of General Services at the seat of government, one of which shall be held subject to the order of the President of the Senate. The other shall be preserved by the Administrator of General Services for one year and shall be a part of the public records of his office and shall be open to public inspection.

Fourth. They shall forthwith cause the other of the certificates and lists to be delivered to the judge of the district in which the electors shall have assembled. (June 25, 1948, ch. 644, 62 Stat. 674; Oct. 31, 1951, ch. 655, § 7, 65 Stat. 712.)

AMENDMENTS 1951---Act Oct. 31, 1951, amended section, substituting, in two places in paragraph "Third", "Administrator of General Services" in lieu of "Secretary of State".

TRANSFER OF FUNCTIONS Punctions of the Secretary of State and Department of State under this section were transferred to the Administrator of General Services by section 1 of 1950 Peorg, Plan No. 20, eff. May 24, 1950, 15 F. R. 3178, 64 Stat. 1272, set out in note under section 1332–15 of Title 5, Esecutive Departments and Government Omcers and Ezaployees. Section 3 of that Plan vested power in the Administrator of General Services to delegate any of

§ 13. Same; demand on district judge for certificate.

When no certificates of votes from any State shall have been received at the seat of government on the fourth Wednesday in December, after the meeting of the electors shall have been held, the President of the Senate or, if he be absent from the seat of government, the Administrator of General Services shall send a special messenger to the district judge in whose custody one certificate of votes from that State has been lodged, and such judge shall forthwith transmit that list by the hand of such messenger to the seat of government. (June 25, 1948, ch. 644, 62 Stat. 674; Oct. 31, 1951, ch. 655, $ 9, 65 Stat. 712.)

AMENDMENTS 1951-Act Oct. 31, 1951, amended section, substituting "Administrator of General Services" for "Secretary of State".

TRANSFER OF FUNCTIONS Functions of the Secretary of State and Department of State under this section were transferred to the Administrator of General Services by section 1 of 1950 Reorg. Plan No. 20, eff. May 24, 1950, 15 F. R. 3178, 64 Stat. 1272, set out in note under section 1332-15 of Title 5, Executive Departments and Government Officers and Employees. Section 3 of that Plan vested power in the Administrator of General Services to delegate any of the transferred functions to any other officer, or to any agency or employee, of the General Services Administration. For transfer of records, property, personnel, and funds, see section 4 of such Plan.

§ 14. Forfeiture for messenger's neglect of duty.

Every person who, having been appointed, pursuant to section 13 of this title, to deliver the certificates of the votes of the electors to the President of the Senate, and having accepted such appointment, shall neglect to perform the services required from him, shall forfeit the sum of $1,000. (June 25. 1948, ch. 644, 62 Stat. 675.) § 15. Counting electoral votes in Congress.

Congress shall be in session on the sixth day of January succeeding every meeting of the electors. The Senate and House of Representatives shall meet in the Hall of the House of Representatives at the hour of 1 o'clock in the afternoon on that day, and the President of the Senate shall be their presiding officer. Two tellers shall be previously appointed on the part of the Senate and two on the part of the House of Representatives, to whom shall be handed, as they are opened by the President of the Senate, all the certificates and papers purporting to be certificates of the electoral votes, which certificates and papers shall be opened, presented, and acted upon in the alphabetical order of the States, beginning with the letter A; and said tellers, having then read the same in the presence and hearing of the two Houses, shall make a list of the votes as they shall appear from the said certificates; and the votes having been ascertained and counted according to the rules in this subchapter provided, the result of the same shall be delivered to the President of the Senate, who shall thereupon announce the state of the vote, which announcement shall be deemed a sufficient declaration of the persons, if any, elected President and Vice President of the United States, and, together with a list of the votes, be entered on the Journals of the two Houses. Upon such reading of any such certificate or paper, the President of the Senate shall call for objections, if any. Every objection shall be made in writing, and shall state clearly and concisely, and without argument, the ground thereof, and shall be signed by at least one Senator and one Member of the House of Representatives before the same shall be received. When all objections so made to any vote or paper from a State shall have been received and read, the Senate shall thereupon withdraw, and such objections shall be submitted to the Senate for its decision; and the Speaker of the House of Representatives shall, in like manner, submit such objections to the House of Representatives for its decision; and no electoral vote or votes from any State which shall have been regularly given by electors whose appointment has been lawfully certified to according to section 6 of this title from which but one return has been received shall be rejected, but the two Houses concurrently may reject the vote or votes when they agree that such vote or votes have not been so regularly given by electors whose appointment has been so certified. If more than one return or paper purporting to be a return from a State shall have been received by the President of the Senate, those votes, and those only, shall be counted which shall have been regularly given by the electors who are shown by the determination mentioned in section 5 of this title to have been appointed, if

the determination in said section provided for shall have been made, or by such successors or substitutes, in case of a vacancy in the board of electors so ascertained, as have been appointed to fill such vacancy in the mode provided by the laws of the State; but in case there shall arise the question which of two or more of such State authorities determining what electors have been appointed, as mentioned in section 5 of this title, is the lawful tribunal of such State, the votes regularly given of those electors, and those only, of such State shall be counted whose title as electors the two Houses, acting separately, shall concurrently decide is supported by the decision of such State so authorized by its law; and in such case of more than one return or paper purporting to be a return from a State, if there shall have been no such determination of the question in the State aforesaid, then those votes, and those only, shall be counted which the two Houses shall concurrently decide were cast by lawful electors appointed in accordance with the laws of the State, unless the two Houses, acting separately, shall concurrently decide such votes not to be the lawful votes of the legally appointed electors of such State. But if the two Houses shall disagree in respect of the counting of such votes, then, and in that case, the votes of the electors whose appointment shall have been certified by the executive of the State, under the seal thereof, shall be counted. When the two Houses have voted, they shall immediately again meet, and the presiding officer shall then announce the decision of the questions submitted. No votes or papers from any other State shall be acted upon until the objections previously made to the votes or papers from any State shall have been finally disposed of. (June 25, 1948, ch. 644, 62 Stat. 675.)

CHANGE OF DATE POR 1957 Joint Res. Mar. 24, 1956, ch. 92, 70 Stat. 54, provided in part that the two Houses of Congress should meet on Jan, 7, 1957 for the purpose of ascertaining the electoral votes. $ 16. Same; seats for officers and members of two

houses in joint meeting At such joint meeting of the two Houses seats shall be provided as follows: For the President of the Senate, the Speaker's chair; for the Speaker, immediately upon his left; the Senators, in the body of the Hall upon the right of the presiding officer; for the Representatives, in the body of the Hall not provided for the Senators; for the tellers, Secretary of the Senate, and Clerk of the House of Representatives, at the Clerk's desk; for the other officers of the two Houses, in front of the Clerk's desk and upon each side of the Speaker's platform. Such joint meeting shall not be dissolved until the count of electoral votes shall be completed and the result declared; and no recess shall be taken unless a question shall have arisen in regard to counting any such votes, or otherwise under this subchapter, in which case it shall be competent for either House, acting separately, in the manner hereinbefore provided, to direct a recess of such House not beyond the next calendar day, Sunday excepted, at the hour of 10 o'clock in the forenoon. But if the counting of the electoral votes and the declaration of the result shall not have been completed before the fifth calendar day next after such first meeting of the two

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