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STANFORD UNrversiTy SCHOOL OF MEDICINE SEP 1 ” 1970

Department of Genetics

Subj: Sen. J. Res. 1.

Hon. Birch Eayh
U.S. Senate

Dear Senator Bayh:

I hope this is not a moot point by the time you get this,
but I wish to call your attention to a technical omission in the
proposed amendment. The language very carefully prohibits candidate
X from joining with W as well as 4% in such a way as to present
a confusing set of overlap-ing choices. However, it does not seem
to prevent X and Y from pairing in two ways, namely

X - for pres. and vice versa Y. for pres,
Y - for vice-pres. ° X. for VP.

In fact the language may not be as tight as it should be in
making clear that X-¥ must not only associate as a pair, but also
make a définite and unambiguous choice to appear on the ballot in
just one of these ways.

Needless to say, such technicalities should be attended to more
meticulously in constructing the law of the presidency than would
be desirable for most other situations.

Your advisers learned in Constiutional law may be able to tell
you that the legislative history of the res@lution already precludes,
or may be made to preclude, these anamalies without reyuiring changes
in the text; and if so I would be interested to hear it.

It would be unfortunate if such an issue were to be raised for
the first time, half-way through the ratification process as a way
of frustrating it.

Yours sincerely,

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September 8, 1970 cor

together can then ufge the States also to
give their approval.

The question that confronts the Sen-
ate is whether we will have direct popu-
lar election or no reform at all,

Exutsrr 1
S.J. Res, 1

A Joint Resolution proposing an amendment
to the Constitution to provide for the di-
rect popular election of the Presidewt and
Vice President of the United States

Resolved by the Senate and House of Rep-
resentatives of the United States of America
in Congress assembled (two-thirds of each
House concurring therein), That the follow-
ing article is proposed as an amendmient to
the Constitution of the United States, which
shall be vaHd to all intents and purposes as
part of the Constitution when ratified by the
legislatures of three-fourths of the several
States within seven years from the date of its
submission by the Congress:

ARTICLE —

SEcTION 1, The people of the several States
and the District constituting the seat of
government of the United States shal] elect
the President and Vice President. Each elec-
tor shall 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. No candidate
shall consent to the joinder of his name with
that of more than one other person.

Sec, 2. The electors of President and Vice
President in each State shall have the quali-
fications requisite for electors of the most
numerous branch of the State legislature, ex-
cept that for electors of President and Vice
President, the legislature of any State may
prescribe less restrictive residence qualifica-
tions and for electors of President and. Vice
President the Congress may establish uni-
form residence qualifications.

Sec. 3. The palr of persons having the
greatest number of votes for President and
Vice President shall be elected, if such num-
ber be at least 40 per centum of the whole
number of votes cast for such offices. 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 tho two pairs of persons who
received the highest number of votes.

Sec. 4. The time, places, and manner of
holding such elections and entitlement to
inclusion on the ballot shall be prescribed
in each State by the legislature thereof; but
the Congress may at any time by law make
or alter such regulations. The days for such
elections shall be determined by Congress
and shall be uniform throughout the United
States, The Congress shall prescribe by law
the time, place, and manner in which the
results of such elections shall be ascertained
and declared, .

Sec. 5. The Congress may by law provide
for the case of the death, inability, or with-
drawal 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.

Src. 6. The Congress shall have power to

2 Re tte