From: Electoral College

To:

Sent: Monday, November 10, 2008 7:17 AM

Subject: Re: QUALIFICATIONS FOR PRESIDENT

The Office of the Federal Register at the National Archives and Records Administration administers the Electoral College process, which takes place after the November general election. The Office of the Federal Register does not have the authority to handle issues related to the general election, such as candidate qualifications. People interested in this issue may wish to contact their state election officials or their Congressional Representatives.

Because the process of qualifying for the election and having a candidate's name put on the ballot varies from state to state, you should contact your state's top election officer for more information. In most states, the Secretary of State is the official responsible for oversight of state elections, including the presidential election. Visit the National Secretaries of State web site to locate contact information and web addresses for the Secretary of State from each state and the District of Columbia.

Under federal law an objection to a state's electoral votes may be made to the President of the Senate during Congress's counting of electoral votes in January. The objection must be made in writing and signed by at least one Senator and one member of the House of Representatives. Both the Senate and the House of Representatives debate the objection separately. Debate is limited to two hours. After the debate, both the Senate and the House of Representatives rejoin and both must agree to reject the votes.

If for some reason a President-elect can not take office, the procedures of the 20th Amendment to the Constitution and 3 U.S.C. 19 determine who would become Acting President.

 

Amy Bunk

Director of Legal Affairs and Policy

Office of the Federal Register