| − | Under the '''Twelfth Amendment''' to the [[United States Constitution]] the voting is by state delegation in the [[House of Representatives]], with one vote per state. The Twelfth Amendment states: | + | Under the '''Twelfth Amendment''' to the [[United States Constitution]] the voting is by state delegation in the [[House of Representatives]], with one vote per state. This amendment requires the Senate President (the [[Vice President of the United States]]) to open the [[Electoral College]] votes, but does not specify who should count them and thus the House (voting by state delegation) could do that. |
| | {{cquote|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; | | {{cquote|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; |