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How did the Twelfth Amendment change the Electoral College process?

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The Twelfth Amendment, ratified in 1804, fundamentally revised the Electoral College process to address flaws exposed by the rise of political parties.

Prior to this amendment, electors cast two votes for president without distinguishing between their choices for president and vice president. This system led to unintended outcomes, such as the 1800 election tie between Thomas Jefferson and Aaron Burr, which required the House of Representatives to intervene.1

The Twelfth Amendment changed the process by requiring electors to cast distinct, separate ballots for president and vice president. Key provisions include:

  • Separate Balloting: Electors must specify their choice for each office on separate ballots.1
  • House Contingency: If no presidential candidate receives a majority of electoral votes, the House of Representatives selects the president from the top three candidates, with each state delegation receiving one collective vote.1
  • Senate Contingency: If no vice presidential candidate receives a majority, the Senate chooses the vice president from the top two candidates.1
  • Eligibility: Candidates for vice president must meet the same constitutional eligibility requirements as those for president.1